Dalton BOH Continues to Tackle Tobacco Ordinance Update

By Brittany PolitoiBerkshires Staff
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DALTON, Mass. — The Board of Health is closer to updating its tobacco ordinance.

The panel fine-tuned its recommendations on Monday and will make a final decision next month. No local policy has been voted on yet.

Proposed changes include bans on flavored rolling papers and other products not restricted by the law, smoking bars, and new tobacco permits within 500 feet of schools.  

There are also added regulations on the price point of single package cigars and a one-day suspension for a first offense tobacco sale to a minor.

The state stipulates that a suspension is required for an underage tobacco sale but gives a range and local boards of health are encouraged to be specific on suspensions.

The board agreed to move forward with updating its tobacco ordinance in April after being approached by Tri-Town Health Department Director James Wilusz. The health department for Lee, Lenox, and Stockbridge has been administering a tobacco awareness program since 1994.

Last month, a public hearing on the topic generated no participation from residents or storeowners.  Notices were mailed to vendors and were posted in the local newspaper as well as the town's website.

The board decided to leave out to two proposed changes: a mandated tobacco retailer certification and a cap on the number of tobacco permits in the town.

The retailer certification is provided through the Tri-Town Health Department and costs $25 per person, which concerned board members.


Wilusz reported that there is free, less thorough training through the MassHealth Officers Association that can be done online.

"Most of the other boards of health required, many years ago, a mandated training because the fines were just out of control and it's it was more of a prevention program rather than a reactionary program," he explained.

Wilusz said the town could provide retailers with information on both training options and let them decide which to take without having a mandate.

Reportedly Dalton has maintained a steady amount of tobacco retailers throughout the years and capping the number of permits is not urgent at this point in time.

"Now I can tell you that I've been working this tobacco program for about 26 years. Dalton has been part of the tobacco program forever. I don't ever remember Dalton having a significant increase of stores opening up," Wilusz said.

"It's always been sort of that kind of level where you're at now so capping may or may not be a thing that you want to talk about now, but to reserve it for the future."

It was noted that the board will have the power to adjust that part of the ordinance down the road if needed.

Pittsfield has also been working on its ordinance with similar recommendations after Wilusz came to its Health 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.


Tags: board of health,   tobacco regulations,   

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Dalton Man Accused of Kidnapping, Shooting Pittsfield Man

By Brittany PolitoiBerkshires Staff

PITTSFIELD, Mass. — A Dalton man was arrested on Thursday evening after allegedly kidnapping and shooting another man.

Nicholas Lighten, 35, was arraigned in Central Berkshire District Court on Friday on multiple charges including kidnapping with a firearm and armed assault with intent to murder. He was booked in Dalton around 11:45 p.m. the previous night.

There was heavy police presence Thursday night in the area of Lighten's East Housatonic Street home before his arrest.

Shortly before 7 p.m., Dalton dispatch received a call from the Pittsfield Police Department requesting that an officer respond to Berkshire Medical Center. Adrian Mclaughlin of Pittsfield claimed that he was shot in the leg by Lighten after an altercation at the defendants home. Mclaughlin drove himself to the hospital and was treated and released with non-life-threatening injuries. 

"We were told that Lighten told Adrian to go down to his basement, where he told Adrian to get down on his knees and pulled out a chain," the police report reads.

"We were told that throughout the struggle with Lighten, Adrian recalls three gunshots."

Dalton PD was advised that Pittsfield had swabbed Mclaughlin for DNA because he reported biting Lighten. A bite mark was later found on Lighten's shoulder. 

Later that night, the victim reportedly was "certain, very certain" that Lighten was his assailant when shown a photo array at the hospital.

According to Dalton Police, an officer was stationed near Lighten's house in an unmarked vehicle and instructed to call over the radio if he left the residence. The Berkshire County Special Response Team was also contacted.

Lighten was under surveillance at his home from about 7:50 p.m. to about 8:40 p.m. when he left the property in a vehicle with Massachusetts plates. Another officer initiated a high-risk motor vehicle stop with the sergeant and response team just past Mill Street on West Housatonic Street, police said, and traffic was stopped on both sides of the road.

Lighten and a passenger were removed from the vehicle and detained. Police reported finding items including a brass knuckle knife, three shell casings wrapped in a rubber glove, and a pair of rubber gloves on him.

The response team entered Lighten's home at 43 East Housatonic before 9:30 p.m. for a protective sweep and cleared the residence before 9:50 p.m., police said. The residence was secured for crime scene investigators.

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