Holly Jarvis

Sep 192018
 

Special Meeting of the Braintree Selectboard

Emergency Health Order Hearing

Sept. 14, 2018

Present:

Megan O’Toole, Selectboard Chair                                                                 Robert Simpson, Apartment Owner

Richard Bowen, Selectboard Member                                                             Heather, Mr. Simpson’s Employee

Daniel Burson, Selectboard Member                                                                                   Marc Nemeth, Attorney

Keegan Haupt, Selectboard Member                                                            Lindsay Haupt, Town Health Officer

Holly Jarvis, Admin. Assistant

 

Ms. O’Toole called the hearing to order at 5:58 PM.

 

Ms. O’Toole explained the hearing process, and possible outcomes of the hearing.

 

Ms. Haupt provided background which can be found in the Emergency Health Order as to the dates of the inspections and what was found, and explained why it was an Emergency Health Order.

 

Mr. Simpson started to explain what has been done so far to fix the violations. He brought up a concern about how the notice was provided to his lawyer. Apparently there had been some confusion. An attempt had been made to contact the attorney by following the instructions in a letter from Mr. Simpson. The Emergency Health Order was served to Mr. Simpson by the Orange County Sheriff’s Department.

 

Mr. Nemeth stated a concern about this being an Emergency Health Order, instead of a standard Health Order.  This was discussed.

 

It was agreed to review each violation.

 

Mr. Simpson indicated that he has remedied the following violations:

 

1.3 handrail – has been installed, 1.7  fire extinguishers – have been provided to each of the apartments, 3.10 recyclables – bin is now available on premises, 6.2 screens in windows used for ventilation – have been replaced, 8.3 & 8.4 ventilation & mildew – bathroom fan was installed, carpet in entrance way was removed, 9.4-9.6 literature has been provided to the tenant.

 

Mr. Simpson plans to remedy the following violations:

 

7.5 lighting and electricity- He advised that he is working to getting the permit to do the necessary electrical work as noted in the Electrical and Fire Inspection Reports. 8.4 mildew – the State inspector wishes to look at the hallways and other apartments more to determine the cause of the mildew. 9.3 File an EMP- he will do so, 9.7 chipping paint- apartment is vacant now, repainting as needed.

 

Items of other status:

 

3.3-3.5 water sample, says “water test should be taken by owner” Mr. Nemeth pointed out that it does not say “shall”.

 

At the point where 7.5 was being discussed Mr. Nemeth asked to go on record with a formal objection, indicating that he did not think that the Town has the authority to elevate these inspection results to an Emergency Health Order, because they don’t have a comply by date on them, nor an indication that the violations warrant an emergency order.

 

There was also a discussion regarding if Mr. Simpson will coordinate access to the remaining three apartments. He will allow the apartment of original complaint to be inspected. The person who had been living there was deemed by the court to not be a valid tenant and is no longer living there. The apartment is currently being repaired. He has no problem coordinating an inspection of the Fire Inspector, and Electrical Inspector, but he questioned if Ms. Haupt had authority to inspect the other two apartments, since the tenants have not made a complaint. The Town will contact the Town’s Attorney to determine if Ms. Haupt has authority has to inspect those apartments.

 

It was noted that Kevin Cyr is again covering the area, so Wayne Dunlap is no longer the contact for the Electrical Inspection. The proper contact information will be provided.

 

Mr. Nemeth asked if Mr. Haupt will be recusing himself from the decision, given that he and the Heath Officer are married. Ms. O’Toole advised that there is no law precluding them from serving in those offices concurrently. Mr. Haupt will decide whether or not to abstain from the vote. The decision will indicate how each board member votes.

 

Mr. Simpson asked to be the contact for all follow up communications.

 

The Board went into an executive session for deliberation.

 

Following the Selectboard meeting on Sept. 18th, the Board concluded the deliberative session. On motion of Mr. Burson, seconded by Mr. Bowen the Board approved the written decision (Mr. Bent was not a part of the Hearing, and Mr. Haupt recused himself.) The other three board members voted in favor of the motion.

 

Respectfully Submitted,

 

Holly Jarvis

Sep 072018
 

Approved Minutes

Braintree Selectboard Meeting

September 4, 2018

Present:

Richard Bowen, Selectboard Member                                                     Paul Kendall, Stagecoach

Daniel Burson, Selectboard Member                                                              Julia Haupt, Resident

Loren Bent, Selectboard Member                                                            Janice Thresher, Resident

Megan O’Toole, Selectboard Chair                                                      Jessie Brassard, Town Clerk

Keegan Haupt, Selectboard Member                                       Tim Caulfield, Emergency Manager

Zac Freeman, Re: biking event

Jerold Kinney, Re: road side spraying

Joan Richmond-Hall, Re: road side spraying  Holly Jarvis, Admin. Assistant

Ms. O’Toole called the meeting to order at 6:00 pm.

 

The Board reviewed the agenda, adding a review of a draft emergency health order under new business, and office projects under old business.

 

On motion of Mr. Bent, seconded by Mr. Bowen, the Board unanimously approve the minutes from August 21, 2018.

 

Citizen’s comments:

  • Zac Freeman came to talk with the Board about the Braintree 357 Gravel Enduro. It is currently being planned for Oct. 6th. The starting location is changing this year. The Historical Society approved use of the Braintree Meeting House property.  He asked the Board’s permission to host it in Braintree. He plans to have all the parking in the adjoining field and not allow any along the road. The board agreed to the plan.

 

Reports

  • Semi-Annual report: Paul Kendall reported that the Stagecoach’s scheduled routes in the Randolph area are increasing ridership. The 89’er south route is being updated. Stagecoach is also working with Sharon Academy to provide some transportation, and they are looking at replacing the bus barn in Bradford area with new one at the park-in ride.
  • Highway Report – none.

 

Old business

  • Road side spraying & knotweed was discussed to clear up some confusion. It was agreed that the areas Mr. Kinney and Mr. Masterson had agreed on should be sprayed after obtaining permission from the landowners. It was agreed that priority should be given to areas which have sight line issues, guardrail, and have patches of knot weed entirely in the right of way.
  • Caulfield provided the Board with a recommended weather radio antenna to attach to the back of the building and discussed the installation plan with them. The Board agreed with his plan.
  • Cars parked in road on West Street- a letter will be written to the owners.
  • The draft winter maintenance policy will be reviewed again at the next meeting.
  • The ticket books will be ordered for the Constable.
  • Phone system issues are still being worked on.
  • Office project update: were discussed.

 

New business

  • Burson attended a Road Forman meeting a bit ago. At it he learned that the Town should get an easement if a culvert is going to be move causing water to drain from the road in a new location. The Board agreed to keep it in mind.
  • The Board will talk about a Hydroseeder again at the next meeting.
  • The Board reviewed a letter regarding Lease Land. The attorney requesting the release of the lease land will proved a quit claim deed for the Board to approve.
  • Haupt provided the Board information about an Emergency Health Order she plans to issue. The property owner may request a hearing within five days of receiving the Emergency Health Order.

 

On motion of Mr. Bowen, seconded by Mr. Haupt, the Board unanimously approved the payment orders.

 

On motion of Mr. Bowen, seconded by Mr. Burson, the Board unanimously approved adjourning the meeting at 7:25 pm.

 

Respectfully submitted,

 

Holly Jarvis

Sep 062018
 

DRAFT Braintree Conservation Commission

Unapproved Minutes -V2)– Wednesday, August 22, 2018

Submitted by Linda Morse, Secretary

 

Present:  Tom Cooch, Paul Shriver, Linda Morse, Sandy Stephen, Joan Richmond –Hall

 

  1. No Public comments
  2. July 25, 2018 minutes as corrected; moved by Tom, seconded by Paul, approved
  3. Emerald Ash Borer (EAB) – Paul talked with ECFiber about their Braintree utility lines. They lease the lines from Green Mountain Power and expressed no strong feelings about EAB. Linda was charged with called the Telephone Co about their lines in Braintree
  4. Ash tree inventory (continued) – trees were counted in the Riford Brook area (2.4 miles total), done by Sandy and Tom. 113 trees counted in this stretch. Extrapolated to full 42 miles of roads in Braintree would be an estimated 1,978 ash trees. The question of whether more inventory was needed, because only 11 miles out to total of 42 miles has been done. Also discussed was cost of removal of ash trees. One estimate of cost was $100-400 per tree over 18 inches.
  5. Report to Selectboard on EAB – Tom will make a report to the SB in Sept. 18 on the EAB situation. He has also volunteered to look at some numbers estimates for tree removal.

 

  1. Wildlife camera at Mud Pond – Tom reported on photos recorded. This promoted discussion of one image on whether it was a deer, fox, or coyote. He will be moving the camera in a few weeks.
  2. Japanese Knotweed spraying – Tom has talked to Jeff about possible site. The BCC is proposing 180 feet. Jeff estimated 2,000 feet. There was some lack of clarity on who is in charge of the spraying. BCC will monitor the test sites.  It is important to have contact with landowners to let them know of the scale of spraying. The chemical to be used is Rodeo (Dow Agriscience). This is intended to be a pilot project. Tom will talk to Megan.

 

  1. Fall visit to Thayer Brook Natural Area – proposed by Tom to assess the removal of knotweed, and possibly a short workday. Tom will send out possible dates.
  2. Newsletter – Next issue (Oct) will be on bears
  3. Roadside stonewalls – The question was raised about the jurisdiction of VT towns over roadside stonewalls and the right to remove them. Joan commented that there is nothing in the Town’s planning document or zoning to prevent their removal. As measured from the center of the road, the town Right of Way (RoW) is three rods wide. The width of the road is 49.5 feet. It was agreed that stonewalls add to the value of property. New Hampshire does have an article to protect stonewalls. Linda will contact the League of Cities and Towns about ordinances or conservation efforts.

 

Meeting adjourned at 8:08pm

Next Conservation Commission meeting: Wed., Sept. 26, 2018, 7pm at Town offices.

 

 

Aug 242018
 

Approved Minutes

Braintree Selectboard Meeting

August 21, 2018

Present:

Richard Bowen, Selectboard Member                                                     Janice Thresher, Resident

Megan O’Toole, Selectboard Chair                                                                Julie Haupt, Resident

Daniel Burson, Selectboard Member                                                            Justin Poulin, Resident

Loren Bent, Selectboard Member                                                    Holly Jarvis, Admin. Assistant

Keegan Haupt, Selectboard Member                           Jackson Evans, ECFiber Rep. for Braintree

Carole Monroe, ECFiber

Dannielle Mumma, ECFiber

Tim Caulfield, EMD

Jeff Masterson, Road Commissioner

Jessie Brassard, Treasurer

Ms. O’Toole called the meeting to order at 6:00 pm.

 

Review of agenda: the Board added the phone system under old business.

 

On motion of Mr. Haupt, seconded by Mr. Bowen, the Board unanimously approved the minutes from August 7, 2018.

 

Citizens’ comments

  • Caulfield asked about the Town’s policy regarding removal of rock walls or preservation of them when completing road work. This was discussed with the Board and the Road Commissioner. The Road Commissioner explained that removal of historic rock walls is avoided when possible.
  • Caulfield asked about tree cutting beyond the Town’s right of way when completing road work. This was discussed with the Board and Road Commissioner. The Road Commissioner explained that tree cutting beyond the ROW only occurs with the landowners permission and when such work is directly related to improvement of a town road.
  • Poulin advised that there are two survey pins below the Sherman’s camp on the Stagecoach Trail, the tops of which are flush with the surface of the road. Mr. Haupt will contact the surveyors and ask that the pins be moved 6 inches below the surface of the road.

 

Guests

  • Caulfield and the Board agreed that Braintree Emergency Management should accept the invitation to participate in an upcoming Randolph / Vermont Emergency Management tabletop exercise.
  • The Braintree Emergency Operations Center now has a weather station radio, but the reception in this area is particularly bad. Mr. Caulfield is planning on looking into a radio antenna for it. He will bring a proposal back to the Board.
  • Caulfield asked the Board about talking to Randolph to see if a plan to have each other’s emergency operations centers be the other Town’s backup (can be agreed on). The Board was in favor of the conversation starting and Mr. Caulfield will contact Randolph about this idea.

 

Reports

  • Evans and Ms. Monroe provided the ECFiber semi-annual report. It will likely be the end of the year before more Braintree residents are connected.
    • On motion of Mr. Bent, seconded by Mr. Burson, the Board unanimously approved the ROW permit application for ECFiber to install poles on Riford Brook Road.
  • Masterson provided the Highway Report.

 

Old business

  • It was noted that the cars on West Street now seem to be parked out of the road , for the most part. They may still cause problems with plowing this winter because they are still very close to the travel way. Ms. Brassard brought up a new concern about cars being parked in the road on Bent Hill Road. A letter will be written to the owners asking that the cars be removed.
  • The Board discussed the status of the draft winter maintenance policy. A draft of the policy will be discussed at the next meeting.
  • O’Toole shared with the Board what she had learned about ticketing by the Town Constable to enforce Town ordinances. She will continue working to get him a ticket book.
  • The phone issues were discussed.
  • The office projects were discussed.

 

New business  – none

 

On motion of Mr. Haupt, seconded by Mr. Burson, the Board unanimously approved the payment order.

 

On motion of Mr. Bowen, seconded by Mr. Haupt, the Board adjourned the meeting at 7:00 pm.

 

Respectfully submitted,

 

Holly Jarvis

Aug 162018
 

Braintree PC Meeting of 9 August 2018

 

Attending: Joan Richmond-Hall, Jenn Phipps, Nate Cleveland, Malcolm Fitzpatrick

 

Guest: Chris Damiani

 

Convened at 7:15 pm.

 

Chris has received our notes about the plan’s first chapters and will incorporate our suggested changes.

 

We reviewed the housing chapter with special attention to:

  • Affordable housing
  • Housing appropriate for seniors and young families
  • The effects of housing on town resources, like the school
  • Housing as infrastructure
  • Accessory structures as a means to increase affordable housing and densify existing settlements
  • The issue of tiny houses, mobile and not, RVs, campers, etc.

 

Committee members will send their thoughts to Chris so that he can modify that chapter.

 

Chris will also send us his notes and changes for Chapter set 3 so that we can review them and comment at our next meeting.

 

Chapter Set 3

Energy

Natural, Scenic, and Cultural Resources

Flood Resilience

 

Also:

  • Mention trails and the fact that they are included on maps in the chapters on land use and where we focus on recreation.
  • Begin developing a glossary of ‘sticky’ terms like: trail, mobile home, RV, tiny house, accessory structure.
  • Consider developing informational ‘portfolio’ that describes developmental choices for residents and those considering development: house vs. PUD vs. mobile home vs. tiny home vs. accessory structure. What can and can’t you easily do? Case studies with multiple options for a example lots in different zoning districts.

 

Adjourned at 8:40.

 

Next meeting: 13 September 2018 at 7 pm at the Braintree Town Offices

 

/s/ Joan Richmond-Hall

 

 

Aug 112018
 

Approved Minutes

Braintree Selectboard Meeting

August 7, 2018

Present:

Richard Bowen, Selectboard Member                                                        Linda Grimes, Resident

Megan O’Toole, Selectboard Chair                                                          Janice Thresher, Resident

Daniel Burson, Selectboard Member                                                          Stuart Kinney, Resident

Keegan Haupt, Selectboard Member                                               Holly Jarvis, Admin. Assistant

Loren Bent, Selectboard Member                                                           Jessica Brassard, Treasurer

 

Ms. O’Toole called the meeting to order at 6:00 pm.

 

The Board reviewed the agenda: adding a concern about bees.

 

On motion of Mr. Bowen, seconded by Mr. Burson, the Board unanimously approved the minutes of July 17, 2018.

 

Citizens’ comments

  • Thresher asked about the settlement agreement with the Poulins and the Simpsons regarding the Stagecoach Trail. It was summarized.
  • Kinney- asked a number of questions:
  1. Why a number of town vehicles are being parked outside on a regular basis?
  2. Why the old tractor is being used for mowing now that the Town has another one?
    • The board explained that both tractors are being used with both mowers to catch-up on road side mowing in town. The old tractor is still for sale.
  3. He commented that the recently resurfaced roads are nice, but that they are narrower than before.

His questions & comments were discussed.

 

Reports

  • The semi-annual report of the emergency management director was reviewed.
    • On motion of Mr. Bowen, seconded by Mr. Haupt, the Board unanimously approved reappointment of Mr. Tim Caulfield as the Emergency Management Director, Derek O’Toole as the Deputy Emergency Management Director and reapproved both of the delegation of authorities for Fiscal Year 2019.
  • The highway report was reviewed.
    • On motion of Ms. O’Toole, seconded by Mr. Burson, the Board unanimously approved the application for the water line installation across Connecticut Corners Road at Heinz Rathmann & Ellen Fox’s property.
    • On motion of Mr. Bowen, seconded by Ms. O’Toole, the Board approved the State’s Structures grant agreement for Tannenburg Bridge (Mr. Bent voted against the motion, the other four Board members voted in favor of the motion).

 

  • Old business
    • Trash and environmental issues on West Street were discussed. The State Environmental Division has done a site visit; they found no violations. The State Police will continue to be called when cars are parked in the road. Ms. O’Toole will look into the possibility of the town adopting a junk and junk car ordinance as many other towns do in Vermont, and the ability of the town’s constable to issue tickets for violations of ordinances.

 

  • New business
    • On motion of Ms. O’Toole, seconded by Mr. Bowen, the Board unanimously approved the internal controls checklist for FY 2018.
    • A concern about a beekeeper’s honey bees swarming around a swimming pool was brought to the Board’s attention. The Health Officer and Constable have been looking into it. The situation was discussed by the Board along with what the Health Officer and Constable have It was determined that the town has no authority over the activity whether or not the bees are domestic or wild.

 

  • On motion of Ms. O’Toole, seconded by Mr. Bowen, the Board unanimously approved the payment orders.

 

  • On motion of Mr. Bowen, seconded by Ms. O’Toole, the Board unanimously adjourned the meeting at 7:00 pm.

 

Respectfully submitted,

 

Holly Jarvis

Aug 062018
 

DRAFT Braintree Conservation Commission
Unapproved Minutes– Wednesday, July 25, 2018
Submitted by Linda Morse, Secretary

Present: Tom Cooch, Paul Shriver, Linda Morse, Joan Richmond -Hall

1. No Public comments

2. May 2018 – Approval of June minutes as corrected; moved by Tom, seconded by Joan, approved

3. Emerald Ash Borer (EAB):
Ash trees in Braintree – Based on the roadside survey, it is estimated that there are about 400 ash trees in 6 miles. The remaining ash trees are 6-8 inches or 8 inches and above in diameter. From the Randolph /Braintree line to the Shriver-Statts house on Braintree Hill Road (2 ½ miles) there were 189 tree from 6” to 12” in diameter. Then 15 trees of 1 and ½ feet and 10 trees of 24-30 in diameter or 200 in 2 and ½ miles. The cost could run into millions of dollars for the 200 towns in VT.

4. Discussion with Green Mountain Power Re: Ash Trees in Braintree power right of way. BCC members were in contact with both Meredith Whitney and Jerard Wilcox (Green Mtn. Power Forestry Dept., Vegetation team). The Company has started a process to respond in the 220 VT towns and 11,000 miles of lines. They are following the State’s lead. For the company this is a very expensive undertaking. They have been coordinating with the State Parks and Rec Agency and with the Public Utilities Commission, which binds the utility to provide reliable service. Biggest question is who is going to pay for the EAB response. There is not yet much info on the approach by the utility. They warned that any cutting of ash along roads must be done by a logger who is certified to cut trees near utility lines. A recommended contact for Towns is Danielle Fitzo of the VT Parks and Rec Dept. Related issues include: identifying ash tree dump sites and the use of removed ash wood for wood pellets. For Braintree important steps are to develop a plan and possible ash removal fund. Paul will contact EC Fiber

5. Tom introduced a newly purchased wildlife camera that will be used to identify important wildlife habit and movement. A possible site is Mud Pond where moose have been seen.

6. Japanese Knotweed control – trial eradication – Possible sites are: 1. Peth and Farnsworth; 2. Brainstorm Rd.; 3. Braintree Hill Rd. near Eddy home; 4. Farnsworth and Illsley. Budget is $500 for a vegetation plan, permit, and the chemical spray. These will be finalized. The spraying is expected in late August.

7. Newsletter – Next issue not ready yet. Possible article on nuisance bears – Joan will talk to Stuart Kinney for information.

8. The meeting was adjourned at 8:02pm

Next Conservation Commission meeting: Wed., August 22, 2018, 7pm at Town offices.

Jul 202018
 

Approved Minutes

Braintree Selectboard Meeting

July 17, 2018 at 6:00 p.m.

 

Present:

Richard Bowen, Selectboard Member               Joan Richmond-Hall, Planning Commission Chair

Megan O’Toole, Selectboard Chair                                                          Janice Thresher, Resident

Keegan Haupt, Selectboard Member                                                       Jessie Brassard, Treasurer

Daniel Burson, Selectboard Member                                      Jeff Masterson, Road Commissioner

Loren Bent, Selectboard Member                                                    Holly Jarvis, Admin. Assistant

 

Ms. O’Toole called the meeting to order at 6:00pm.

 

The Board reviewed the agenda adding a trash and environmental issue under old business.

 

Approve minutes

  • On motion of Mr. Haupt, seconded by Mr. Burson, the Board unanimously approved the minutes of July 5, 2018.

 

Citizen’s comments – none

 

Reports

  • Richmond-Hall provided the Board with the semi-annual report of the planning commission. It was discussed.
  • The Board reviewed and discussed the financials.
    • On motion of Mr. Bowen, seconded by Mr. Burson, the Board unanimously approved this year’s property tax of 2.3862 for the residential rate, and 2.4961 for the non-residential rate. This was an increase of 0.1413 for the residential rate, and 0.1262 for the non-residential rate. The town’s part of that increase was 0.0317, the rest was from the school portion of the tax rate.
    • Masterson provided the highway report. It was discussed.
    • O’Toole advised the Board that she had talked to Rick Ernst about Sault Road. It was apparent that there had been a misunderstanding. It was noted for the record that the Board and the Road Commissioner had previously agreed that Mr. Ernst has maintained Sault Road in an appropriate manner for many years. The Board agreed that he has permission to continue maintaining the road. Mr. Masterson will contact him if any future maintenance practices become a concern.

 

Old Business

  • A property with an increasing amount of junk was discussed. The concerns regarding the property will be passed along to the environmental division at the state.
  • A couple of problems with the phone system was discussed.
    • The office projects were discussed.

 

On motion of Mr. Bowen, seconded by Mr. Haupt, the Board unanimously approved the payment orders.

 

On motion of Mr. Bowen, seconded by Mr. Bent, the Board unanimously adjourned the meeting at 7:05 pm.

 

Respectfully submitted,

 

Holly Jarvis

 

Jul 102018
 

Approved Minutes

Braintree Selectboard Meeting

July 5, 2018

 

Present:

Richard Bowen, Selectboard Member                                               Holly Jarvis, Admin. Assistant

Megan O’Toole, Selectboard Chair                                          Jeff Masterson, Road Commissioner

Keegan Haupt, Selectboard Member

Daniel Burson, Selectboard Member

Loren Bent, Selectboard Member

 

Ms. O’Toole called the meeting to order at 6:00 pm.

 

The Board reviewed the agenda: adding a highway report, and the Randolph Town Manager’s inquiry about creating a tri-town recreation department.

 

On motion of Mr. Haupt, seconded by Ms. O’Toole, the Board unanimously approve the minutes of June 19, 2018.

 

Citizen’s comments – none

 

Reports

  • The phone system was briefly discussed.
  • The trash and environmental issues were briefly discussed. It appears that some of the issues have been resolved. Ms. Jarvis will keep the board updated as necessary.
  • The highway report was given. It was agreed to mow the knotweed, around signs and intersections all at one time, so that the knotweed will not be spread by the mower.

 

Old business-none

 

New business

  • On motion of Ms. O’Toole, seconded by Mr. Burson, the Board unanimously approved the of Sullivan, Powers & Co. scope of services.
  • The Randolph Town Manager has inquired about Randolph, Brookfield, and Braintree pooling resources for recreational uses. The Board briefly talked about the inquiry and is willing to hear more about the concept. Ms. O’Toole will contact the Randolph Town Manager for further information.

 

On motion of Mr. Bowen, seconded by Mr. Burson, the Board unanimously approved the payment orders. 

 

On motion of Mr. Bowen, seconded by Mr. Bent, the Board unanimously adjourned the meeting at 6:24 pm.

 

Respectfully submitted,

 

Holly Jarvis