Dalton Select Board Discusses Updating Alcohol and Drug Policy

By Sabrina DammsiBerkshires Staff
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DALTON, Mass. — The Select Board continued its discussion on updating the town's Alcohol and Drug Policy during its meeting last week. 
 
Since the legalization of marijuana the town has to navigate how it wants to update its drug policy taking into consideration federal guidelines, exposure type, and medical and recreational use. 
 
The town's current policy was written prior to the legalization so it is unclear what to do in cases where the presence of cannabis shows up positive in an employee or during the pre employment physical examination.
 
The board voted in favor of updating the language of the policy during its meeting in September. The current policy has two parts. 
 
The first is a general section that applies to everybody and the second is more detailed and applies to people with commercial driver's licenses covered by state Department of Transportation regulations.
 
The town will have to explore how the policy would affect people who use cannabis for medical reasons, Town Manager Thomas Hutcheson. 
 
Hutcheson said he reviewed what other town's have for a drug policy but found that it was "all over the map, anywhere from zero tolerance policy to not even testing for cannabis anymore due to the fact that it's legal." 
 
Hutcheson recommended during the Sept. meeting that since the substance is legal and more people are "apparently" using it, that the town no longer test for cannabis but to include in the policy that showing up to work under the influence is cause for disciplinary action. 
 
"I'm not in favor of adjusting the policy because of tough hiring practices. I'm still a zero-tolerance policy across the board. That's my view," Select Board Chair Joseph Diver said. 
 
According to the town counsel, a zero-tolerance policy for the town would be problematic, Hutcheson said during the meeting last week. 
 
Hutcheson is still waiting to hear back from the town counsel to clarify whether they mean a no-tolerance policy would be problematic for medical marijuana users or for other circumstances.  
 
Select Board member Dan Esko said he agrees there should be a zero tolerance while employees at work but that there isn't a need to test for cannabis for non-CDL and non-public safety employees. 
 
Some towns have developed a policy where testing positive for cannabis will not disqualify you for employment, exempt for commercial drivers utilizing a CDL, Select Board member John Boyle said. 
 
Boyle also asked how the drug policy would affect having events on town properties like the Senior Center. 
 
According to the current policy "the consumption of alcohol or narcotics drugs or controlled substances while on the job or on property leased or owned by the town" is prohibited, Esko said.
 
Board members questioned whether this section of the policy is only in regards to employees not events.  
 
The Senior Center has held a wine tasting event recently and served alcoholic beverages during the Dalton Day event. 
 
In 2005, there were discussions about having wedding receptions in the Senior Center to raise funds but it was found that the policy restricted that from happening, Boyle said. 
 
The town will look into how revising this policy to allow alcoholic beverages on town property for events will affect its liability insurance and will add the discussion to a future agenda. 
 
The town checked its liability when it was planning Dalton Day but the vendor was unsure. 
 
"I believe the town was named an additional insurer. Whatever the insurance company came up with it was OK with them," Hutcheson said.
 
The town will continue the discussion on how to revise the Alcohol and Drug Policy at a future meeting when board members have more information from town counsel. 

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Dalton Board Signs Off on Land Sale Over Residents' Objections

By Sabrina DammsiBerkshires Staff

Residents demanded the right to speak but the agenda did not include public comment. Amy Musante holds a sign saying the town now as '$20,000 less for a police station.'
DALTON, Mass. — The Select Board signed the sale on the last of what had been known as the Bardin property Monday even as a handful of residents demanded the right to speak against the action. 
 
The quitclaim deed transfers the nine acres to Thomas and Esther Balardini, who purchased the two other parcels in Dalton. They were the third-highest bidders at $31,500. Despite this, the board awarded them the land in an effort to keep the property intact.
 
"It's going to be an ongoing battle but one I think that has to be fought [because of] the disregard for the taxpayers," said Dicken Crane, the high bidder at $51,510.
 
"If it was personal I would let it go, but this affects everyone and backing down is not in my nature." 
 
Crane had appealed to the board to accept his bid during two previous meetings. He and others opposed to accepting the lower bid say it cost the town $20,000. After the meeting, Crane said he will be filing a lawsuit and has a citizen's petition for the next town meeting with over 100 signatures. 
 
Three members of the board — Chair Robert Bishop Jr., John Boyle, and Marc Strout — attended the 10-minute meeting. Members Anthony Pagliarulo and Daniel Esko previously expressed their disapproval of the sale to the Balardinis. 
 
Pagliarulo voted against the sale but did sign the purchase-and-sale agreement earlier this month. His reasoning was the explanation by the town attorney during an executive session that, unlike procurement, where the board is required to accept the lowest bid for services, it does have some discretion when it comes to accepting bids in this instance.
 
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