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Pittsfield Board of Health OKs Updated Tobacco Ordinance

By Brittany PolitoiBerkshires Staff
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PITTSFIELD, Mass. — The Board of Health has concluded its seven-month process of updating the city's tobacco ordinance.

"We should be very happy about that," Chair Bobbie Orsi said.

The document was unanimously approved on Wednesday after receiving some finishing touches in November. No public comment was generated in response to the public hearing.

The ordinance had last been amended in 2019 before Gov. Charlie Baker signed an Act Modernizing Tobacco Control, which imposed new restrictions on the sale of nicotine vaping, flavored vaping, and tobacco products.

Changes effective on April 1 include a clarified definition for blunt wraps, a raised minimum price requirement for cigars, and violations that incorporate state law.

A blunt wrap is newly defined as "any product wholly or in part from a tobacco product, manufactured or packaged with loose and removable leaves or section of a leaf, or as a hollow tube, that may be used by the consumer to wrap or contain loose tobacco or other fillers."

It also considers tobacco leaf kits or roll-your-own packages as blunt wraps.

"The major changes that we did was we made an update to definitions such as the blunt wraps. We wanted to make sure it gives a very descriptive definition of that. We did also discuss the fine structure to align with the state," Director of Public Health Andy Cambi explained.

"We did not reduce the permit cap, we kept that normal and I think the last change that we made in November was that we wanted to talk about the violations where if they were issued a violation for us to have that discretion for up to 30 days, no less than one business day."

There was a previous discussion about explicitly banning smoking bars but BOH members felt that the ordinance already bans them, as smoking is not prohibited in any bars within city bounds.



Tri-Town Health Department Director James Wilusz commended the board and health department staff for making the regulations more streamlined for the public. Wilusz has assisted the panel with the effort, as his department has been administering a tobacco awareness program since 1994.

"Having one set of regulations that people can understand and follow is a service to the community and the board," he said.

Wilusz recommended a summary notification, putting up signs, and sending out a cover letter to retailers to let them know that the minimum pricing for packaged cigars has gone up.

Cigar pricing and packaging regulations were updated to raise the minimum price for a cigar by 40 cents to $2.90 and the minimum price for two or more cigars from $5 to $5.80.

"There's not many changes in this regulation that really affects the retailers other than the small nominal adjustment for the consumer price index so I think 60 days is reasonable," he said in regard to the implementation period.

"The caveat understanding is that if there's a violation of state law that still remains in effect even [though] you're pushing 60 days out. You're really extending the local policy changes 60 days out."

He added that the aim is to have compliance and not to have people feel like they weren't aware of the upcoming changes.


Tags: tobacco regulations,   

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Lanesborough Looks to Dissolve Baker Hill Road District

By Breanna SteeleiBerkshires Staff

LANESBOROUGH, Mass. — The Select Board is looking to move forward with dissolving the Baker Hill Road District, which is hindering the Berkshire Mall sale.

On Friday, the Select Board heard from Vice Chair Juli Baker and Chair Deborah Maynard on how Tuesday negotiations went with Cypress Equities, JMJ Holdings, town counsel, the town administrator, and state Rep. John Barrett III. 

Baker said that during Tuesday's meeting, everyone agreed the goal was to have a successful sale of the mall for redevelopment as it’s in the best interest of the town.

Baker said Barrett assured them the state is willing to take the Connector Road and that the state is willing to provide grants to the town to renovate the water and sewer infrastructure, with an estimated total of $4.5 million, to facilitate the property's redevelopment.

"We have received assurances from Representative Barrett that the Commonwealth will provide the monies and will take the Connector," Baker said.

While buyer Cypress Equities saw some benefit in keeping the district, it now doesn't since the state is willing to provide the funds and renovate the infrastructure, according to Baker. 

Baker said that in the meeting, Cypress Equities prefers to enter into a tax increment financing (TIF) and will add to the agreement an amount of funding for public safety services, which would have come from the district. She said Cypress said it would rather enter into one agreement with the town than two agreements with the town and the district.

Mall owner JMJ Holdings is willing to pay $350,000 to the town upon closing, Baker said. 

The meeting Friday was to consider moving forward with a dissolution of the district.

"But the decision that it hinges on tonight is whether to move forward to the dissolution of the Baker Hill Road District in some manner," she said.

Baker said she has worked long and hard to see if there was another alternative to this, working closely with the district which has been "very cooperative and very helpful" in making changes.

The district had agreed to make changes to its governance and taxation; agreeing to have a cap for Cypress as well as agreeing to work to have the state take over the road, sending letters of support.

"What changed this for me is that I've always said it's important to have the special district because we get the public safety funding, and it's also important for the economic district to bring the features that an economic district brings because of what we're up against with the infrastructure problems, and the change at this point is that we have a buyer who is willing to supply that public safety money and commit to it over time, along with the TIF that the town would do, which is essential," she said.

"At this point, I feel like it's in the best interest of the town and protects the town the best in terms of a future where we can develop a mall and bring that economic benefit in. You definitely need to reduce taxes, and you cannot do that without a fully developed retail operation right there. So it's been, you know, deeply difficult decision making," Baker said.

Board members Jason Breault and Jeffery Walters agreed it was the best decision to move forward.

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