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Berkshire Pipe & Tobacco has lost the right to sell its only product.

Pittsfield Health Board Upholds Berkshire Pipe License Revocation

By Brittany PolitoiBerkshires Staff
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PITTSFIELD, Mass. — The city has lost another tobacco permit, and Berkshire Pipe and Tobacco was advised to find a different product to sell. 

On Wednesday, the Board of Health reaffirmed its Dec. 3 decision to revoke the 17-year-old business's tobacco license, which has been suspended since March. While the shop owners were apologetic, the board upheld its decision because of repeated violations and a citation from the Department of Revenue for untaxed tobacco products. 

"Unfortunately, you're in a situation where, having been given a number of chances to get off suspension, get off fines, you've gotten to the point where you're selling an unlicensed product in our city, despite the fact that you shouldn't have anything on site, you actually have stuff that's illegal in the state so I can't think of any other way we can deal with this, other than to leave it as a revocation," board member Dr. Jeffrey Leppo said. 

"Otherwise, we might as well just simply say any store could do this, and there's no consequence. And we're not about to say that." 

No new applications are being accepted for tobacco permits in Pittsfield, meaning that when a permit is revoked, it goes away. The tobacco permit for Gulf Food Mart on Wahconah Street was revoked last year. 

Director of Public Health Andy Cambi reported that an August inspection by the DOR found untaxed products on site while the tobacco license was suspended. If not revoked, it would have been up for renewal on Dec. 11. 

"My sense is that we have given this establishment enough opportunities to go through their inventory to make sure they don't have tobacco products. We have gone out and done multiple inspections where there have been times that we have not found any tobacco products, there have been times that we have found tobacco products," he said. 



Store representative Nipun Saluja reported that the store passed inspection in May and June and provided the board with a letter, which was not read aloud. He said the store was initially given a one-month suspension that turned into a 10-month suspension. 

"So I did respect the board. We did not challenge their suspension. We did not go to court. We had our rights to go to court and challenge the suspension," he said. 

Saluja pointed out that the store doesn't hold any other licenses, such as food or alcoholic beverages, and asked how they are supposed to survive. He cited the number of cannabis dispensaries in the city. 

"It's unfortunate that you don't have any other products to sell to keep your business afloat, but it doesn't change the circumstance at all that we can't really trust you to not sell tobacco products," Chair Roberta Elliott said. 

"And we take that very seriously because we know that kids start smoking at a very young age because they have access to those products." 

She advised that Berkshire Pipe and Tobacco find another business strategy, and asserted that they cannot sell tobacco products anymore. 


Tags: board of health,   tobacco regulations,   

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BRTA Focuses on a New Run Schedule

By Breanna SteeleiBerkshires Staff

PITTSFIELD, Mass. — The Berkshire Regional Transit Authority is still working on maintaining its run schedules after dropping the route realignment proposal.

Last Thursday's meeting was Administrator Kathleen Lambert's first official meeting taking over the reins; retiring director Robert Malnati stayed during a transition period that ended last month.

Lambert is trying to create a schedule that will lessen cancellations. There was a two-hour meeting the week before with the drivers union to negotiate run bids and Lambert is working with the new operating company Keolis, which is taking over from Transdev.

The board spoke about anonymous emails from drivers, which Lambert said she has not seen. iBerkshires was not able to see those letters, but has received some. 

"They were lengthy emails from someone describing themselves as concerning BRTA employee, and there was a signed letter from a whole group of employees basically stating their concerns. So, you know, to me, it was a set of whistleblowers, and that, what my understanding is that this really triggers a need for some type of process to review the merits of these whistleblowers, not going to call them accusations, but basically expressions of concern," said member Stephen Bannon.

A letter iBerkshires received spoke of unhappy drivers who were considering quitting because of decisions being made without "input from frontline staff," frustration and falling morale, and the removal of the former general manager shortly after Lambert came in.

Lambert said it's difficult to navigate a new change. She also noted many drivers don't want to do Saturday runs and it has been hard negotiating with drivers on the new runs.

"I would like you all to keep in mind that the process of change is super difficult. Transdev has been here for 20 years, and some of these drivers have never known any other operating company, the way some of the operations have been handled has been archaic," she said. "So getting folks up to speed on how a modern transit system works is going to be painful for them. So I don't want to say that I'm unsympathetic, because I am sympathetic, but I am trying to coax people along with a system that's going to seem very strange to them."

The board spoke about better communication between them and Lambert, citing cooperation will be best moving forward.

"There's just a lot of stuff in the air right now, and there are a lot of fires to put out to make this a coordinated effort. And if we don't keep our communications open and be straightforward, then you get blindsided about how you know the input that you could get from us about your position, and how you know what's going on in your direction, and we get blindsided. And I think that we have to make sure that this is a collaboration," said member Sherry Youngkin.

"Both sides have responsibilities, because in the long run, this advisory board is going to have to make decisions as to how we brought forward and if we've gone forward in a fair and helpful way. And I think that's hopefully what everybody is looking for also." 

Transdev and Keolis held a three-day recruiting event interviewing almost 40 candidates and offering jobs to eight, but only three stayed on to start training. Lambert said it was disappointing but she will keep trying to retain more people.

In her first report to the board, she noted that ridership dipped a little over 10 percent, but still remains higher than last year, adding that was because of cancellations of services because of the lack of drivers.

Like the last meeting, some of the advisory board members were torn over the start of the Link413 service, worried that the start of the service took drivers away and the numbers of riders are low.

Lambert, however, said the ridership has doubled from last month.

"As I've spoken before, we have, generally, a six-month adoption for brand-new service before you can really go in and evaluate, are you being successful based on the grant that my predecessor wrote along with the team for PBTA and RTA, we are ahead of schedule, which is pretty good, so I'm hoping that will continue to improve," she said.

Member Renee Wood said the board never approved the service, adding the only thing she could find in the minutes was a vote to accept the equipment. She said it was supposed to be put on the agenda to discuss.

"The Link413 service has been three years in the making. It's been a grant that was accepted and has been working with our partners, PVTA and FRTA, to put into place. So I don't have the entire history of how that process worked, but it's been three years in the making, and did we not understand that once we accept that grant that we were going to put in new service?" Lambert said.

The board discussed if Title VI, the Civil Rights Act, was followed with an accurate review and accurate amount of time for public comment period on the service changes and if its attorney should review if the  grant conditions were properly followed.

Lambert said changes had the 60-day comment period included in the proposed route realignment packet, giving the opportunity for the community to respond to that as well but will look into the legality of the situation with their attorney.

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