Pittsfield Health Board Continues to Tackle Tobacco Regulations

By Brittany PolitoiBerkshires Staff
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PITTSFIELD, Mass. — The Board of Health is closer to ending its review of the city's tobacco ordinance that has not been amended since early 2019.

The panel deliberated a revised policy for the third time last week and expects to have a final draft at its next meeting. Following an affirmative vote, the draft will be subject to a public hearing. 

Tri-Town Health Department Director James Wilusz came to the board in May to give an update on tobacco control, warning the panel that products can slip through the state's regulations without specific guidelines.

The department has been administering a tobacco awareness program since 1994.

He gave the panel a slate of recommended amendments to the city's tobacco regulations, which the board has discussed at its last few meetings. The two main suggestions address the products that are overlooked in state bans and "smoking bars."

Board members were concerned that the city would struggle to enforce tighter product regulations and speculated that smoking bars are already banned in Pittsfield. They did not formally vote to do away with the suggestions.

Products that are restricted by local or state law include tobacco flavors and enhancers and warrant a $1,000 fine to the retailer. Wilusz explained that there are other products such as flavored rolling papers and hemp products that are not captured by the restrictions and reside in local stores.

The town of Adams became the first in the state to outlaw these products and Dalton, Lee, Lenox and Stockbridge are not far behind.

Wilusz said the board could make specific bans for the products or let retailers know that they will take the next year or so to monitor compliance checks, inspections, and education and if there is an influx of fines, a ban can be addressed later on.

Board members supported the effort but feared the Health Department may not be able to keep up with enforcing it. Director of Public Health Andy Cambi shared their sentiments, suggesting that the city could wait for emerging youth data in relation to the products.

There was some question about the recommendation to ban smoking bars within city limits, as smoking is already banned in all bars. Board member Brad Gordon said it is "clear in the city ordinance that we do not allow tobacco bars.”

A smoking bar, as defined in the city's regulations, is an establishment that primarily is engaged in the retail sale of tobacco products for consumption by customers on the premises and is required by state law to maintain a valid permit to operate a smoking bar issued by the state Department of Revenue.

It includes but is not limited to establishments known as "cigar bars" and "hookah bars."



In its environmental smoke regulations, Pittsfield does not allow smoking in smoking bars but the city does not prohibit smoking bars.

Wilusz said the intent of Pittsfield's ban is for environmental air quality issues.

"It's really your discretion if you want to not allow smoking bars on the other regulation,” he added. "Because what would be the incentive for allowing a smoking bar if you can't smoke inside of it on another resume of regulation that conflicts?”

BOH members asked if the ordinance could be made unambiguous to clearly prohibit smoking bars so there is no conflicting language.

Wilusz agreed and said that in his opinion, the board should focus on restrictions and deal with that down the road because it might be too much confusion.

Cambi pointed out that there was a barber shop that wanted to have a cigar membership a couple of years ago. This ban would take that off of the table.

"Some municipalities have got themselves in a lot of trouble because they never really addressed smoking bars," Wilusz said.

"Then all of a sudden you got an application at the Health Department that they want to put a smoking bar with a business that's going to be exposed to multiple employees while giving haircuts and whatever and that goes against the intent of the board of health's role protecting public health."

The panel also discussed clearly aligning the city's ordinance with state law to prevent confusion, violations, employee certification, and the placement of tobacco retailers in the community.

Wilusz reported that Pittsfield has a retailer density of 1.27, which is slightly above the state average of 1.16, and is down four tobacco permits since 2013.


Tags: smoking regulations,   tobacco regulations,   

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BRPC Exec Search Panel Picks Brennan

By Breanna SteeleiBerkshires Staff

PITTSFIELD, Mass. — The Executive Director Search Committee voted Wednesday to move both finalists to the full Berkshire Regional Planning Commission, with a recommendation that Laura Brennan was the preferred candidate. 

Brennan, BRPC's assistant director, and Jason Zogg were interviewed by the committee on Saturday.

Brennan is also the economic development program manager for the BRPC. She has been in the role since July 2023 but has been with BRPC since 2017, first serving as the senior planner of economic development. 

She earned her bachelor's degree from Franklin & Marshall College in Pennsylvania and earned a graduate-level certificate in local government leadership and management from Suffolk University.

Zogg is vice president of place and transportation for Tysons Community Alliance, a nonprofit that is committed to transforming Tysons, Va., into a more attractive urban center. 

He previously was the director of planning, design, and construction at Georgetown Heritage in Virginia, where he directed the reimagining of Georgetown's C&O Canal National Historic Park.

They each had 45 minutes to answer a series of questions on Saturday, and the search committee said they were both great candidates. Meeting virtually on Wednesday, the members discussed which they preferred.

"In my own personal opinion, I think both candidates could do the job and actually had different skills. But I do favor Laura, because she can hit the ground running and with the time we have now, I think she is very familiar with the organization and its strengths and weaknesses and where we go from here," said Malcolm Fick.

"I would concur with Malcolm, especially because she was the only candidate who could speak directly to what's currently going on in the Berkshires, and really had a handle on every aspect of what BRPC does, could use examples, and showed that she actually understood the demographic information when that information was clearly available on the BRPC website, and through other means, and she was the only candidate who was able to integrate our regional data, our regional demographics, into her answers, and so I find her more highly qualified," said Marybeth Mitts.

Brennan was able to discus the comprehensive regional strategy the BRPC has worked on for Berkshire County and said she made sure they included voices from all over the region instead of what she referred to as the "usual suspects."

"That was an enormous priority of ours to make sure that the outreach that we did and the input that we gathered was not from only the usual suspects, but community groups that were emerging in a lot of different corners of the region and with a lot of different missions of their own, and try to encompass and embrace as many voices as we could in that," Brennan said in her interview.

Member Sheila Irvin said she liked Brennan’s knowledge of Berkshires Tomorrow Inc.

"I think that her knowledge of the BTI, for example, was important, because that's going to play a role in the questioning that we did on funding. And she had some interesting insights, I think on how to use that," said Irvin. "And in addition, I just thought her style was important. 

"She didn't need to rush into an answer. She was willing to take a minute to think about how she wanted to move on and she did."

In her interview, Brennan was asked her plans to help expand funding opportunities since the financial structure is mainly grants and the government has recently been withdrawing some interest.

"With Berkshires Tomorrow already established, I would like to see us take a closer look at that and find ways to refine its statement of purpose, to develop a mission statement, to look at ways that that mechanism can help to diversify revenue," she said. "I think, that we have over the last several years, particularly with pandemic response efforts, had our movement to the potential of Berkshire's Tomorrow as a tool that we should be using more, and so I would like to see that be a big part of how we handle the volatility of government funding."

Member John Duval said she has excelled in her role over the years.

"Laura just rose above every other candidate through her preliminary interview and her final interview, she's been the assistant executive director for maybe a couple of years and definitely had that experience, and also being part of this BRPC, over several years, have seen what she's capable of doing, what she's accomplished, and embedded in meetings and settings where I've seen how she's responded to questions, presented information, and also had to deal with some tough customers sometimes when she came up to Adams," said Duval.

"She's done an excellent job, and then in the interviews she's just calm and thought through her answers and just rose above everyone else."

Buck Donovan said he respected all those who applied and said Zogg is a strong candidate.

"I think both and all candidates were very strong, two we ended up were extremely strong," he said.  "Jason, I liked his charisma and his way. I really could tell that there was some goals and targets and that's kind of my life."

The full commission will meet on Thursday, March 19, to vote on the replacement of retiring Executive Director Thomas Matuszko.

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