Williamstown Health Board Finalizes N2O Bylaw Draft

By Stephen DravisiBerkshires Staff
Print Story | Email Story
WILLIAMSTOWN, Mass. — The Board of Health on Tuesday approved final language for a local bylaw restricting the sale of nitrous oxide and asked the town's health inspector to start enforcing a ban on smoking tobacco products in apartments that was passed at last year's annual town meeting.
 
The N2O bylaw was developed by the board this year in response to testimony from resident Danielle Luchi. Luchi informed the board in December that the compound, often referred to as laughing gas, was being sold without regulation in town and likely was being used for recreational purposes prohibited by state law.
 
Luchi recommended — and the board agreed — that the town enact regulation modeled on an ordinance enacted in the city of Northampton last year.
 
The language reviewed by the board limits nitrous oxide sales in town to "kitchen supply stores" or "medical supply stores." Currently, the town has no businesses operating in those categories.
 
Anyone else selling N2O would be subject to fines for the first two offenses and potential criminal prosecution on a third offense.
 
At Tuesday morning's meeting, a noticed public hearing on the proposed regulation, the board made a couple of changes to the draft bylaw it developed with Health Inspector Ruth Russell.
 
Acting on feedback from town counsel, the Board of Health agreed to amend the fine structure for the N2O regulation to bring it in line with existing penalties in, for example, the section of town code dealing with tobacco sales.
 
In the original draft, the nitrous oxide bylaw set fines of $300 for the first and second offenses. As amended on Tuesday, those fines will be $100 for a first offense and $200 for a second offense.
 
"In the case of 3 or more violations or repeated, egregious violations of any section of this regulation, the selling of nitrous oxide will be reported as a criminal offense," the draft bylaw reads.
 
The board instructed Russell to make the amendments it discussed and bring the bylaw back for enactment at the body's April 27 meeting.
 
The board Tuesday also reversed its earlier decision on phasing in implementation of the anti-smoking bylaw town meeting approved last May.
 
In February, the board instructed Russell to let a public information and education plan play out before moving into an enforcement phase that would begin on May 1.
 
William Raymond, who drafted the ban on smoking and vaping in apartment houses with more than four units and submitted it to town meeting via citizens' petition, was back before the board on Tuesday morning.
 
Raymond said he was told by the town clerk that the new bylaw was actionable as soon as it was posted in the town code, a move that was made this winter, following a lengthy review by the Attorney General's Office in Boston.
 
Board of Health Chair Devan Bartels told Raymond that the panel at its February meeting decided to target May 1 for the start of implementation. Bartels reminded Raymond that he attended that February meeting.
 
"The intent of having a grace period was that tenants and management companies would have a chance to internalize this and make behavioral change," Bartels said. "By giving people a chance to understand the regulation and respond appropriately … we would have a large impact.
 
"If that is not effective, enforcement begins. And that begins in about a month."
 
Raymond, who repeatedly cited his disputes with his Stratton Road neighbor in last year's discussion about a proposed townwide bylaw, again brought that neighbor into the conversation on Tuesday. This time, he made assertions about the neighbor's health that normally would be out of bounds in a public meeting in making the argument that said neighbor, who was not named, would not stop smoking without enforcement of the bylaw.
 
"This is a chronic problem," Raymond said. "It's not going to go away without repeated fines, probably. … I'm just asking you guys to say, 'Hey, we realize this is a tricky problem.'
 
"I'm hoping there can be, with incisive, crisp focus, the quickest way to get this matter resolved so it doesn't drag on for months."
 
Bartels recognized that Raymond had been patient as the bylaw process — and later state review — played out. But after Russell confirmed that the ordinance is enforceable, Bartels agreed the time had come to take action.
 
"Just to finalize the enforcement piece and when we should begin that — I don't want to be in violation of the law," Bartels said. "If the code, when it's published, becomes the time that it's enforced, I think that's appropriate. I didn't know that. So the spirit of this, 'persuading people through information and education' … maybe we should just move into enforcement."
 
"I say go for it," board member Wendy McWeeny added.
 
Without taking a new vote, the other board members tacitly agreed with the approach of implementing enforcement immediately.
 
In other business on Tuesday, the board heard that five town-owned air-quality sensors are running and providing data from sites around town and got an update from Russell on an enforcement action on a four-unit condominium on White Oaks Road.
 
The Department of Public Works shut off water at the structure a little more than a year ago because of burst pipes, and the town is looking into condemnation but has had trouble serving notice on the owners of the units, Russell said.
 
Russell also announced that for the second year, the town will have five air-conditioning units available to income-qualified seniors through a grant from the New England Rural Health Association.
 
"I think April 13 I was going to formally get the applications out," Russell said. "It will go live on both [the Board of Health and Council on Aging] websites so people can apply. It likely will be first-come, first-served again."

Tags: board of health,   smoking regulations,   

If you would like to contribute information on this article, contact us at info@iberkshires.com.

Puppets Teach Resilience at Lanesborough Elementary School

By Breanna SteeleiBerkshires Staff

The kids learned from puppets Ollie and a hermit crab.

LANESBOROUGH, Mass. — Vermont Family Network's Puppets in Education visited the elementary school recently to teach kids about being resilient.

Puppets in Education has been engaging with young students with interactive puppets for 45 years.  

The group partnered again with Bedard Brothers Chevrolet, which sponsored the visit. 

Classes filtered through the music class Thursday to learn about how to be resilient and kind, deal with change and anxiety, and more.

"This program is this beautiful blending of other programs we have, which is our anxiety program, our bullying prevention and friendship program, but is teaching children the power of yet and how to be able to feel empowered and strong when times are challenging and tough," said program manager Sarah Vogelsang-Card.

The kids got to engage with a "bounce back" song, move around, and listen to a hermit crab deal with the change of needing a new shell.

"A crab that is too small or too big for its shell, so trying to problem solve, having a plan A, B and C, because it's a really tough time," Vogelsang-Card said. "It's like moving, it's like divorce of parents, it's changing schools. It's things that children would be going through, even on a day to day basis, that are just things they need to be resilient, that they feel strong and they feel empowered to be able to make these choices for themselves."

The resiliency program is new and formatted little differently to each of the age groups.

"For the older kids. We age it up a bit, so we talk about harassment and bullying and even setting the scene with the beach is a little bit different kind of language, something that they feel like they can buy into," she said. "For the younger kids, it's a little bit more playful, and we don't touch about harassment. We just talk about making friends and being kind. So that's where we're learning as we're growing this program, is to find the different kinds of messaging that's appropriate for each development level."

This programming affirms themes that are already being discussed in the elementary school, said school psychologist Christy Viall. She thinks this is a fun way for the children to continue learning. 

"We have programs here at the school called community building, and that's really good. So they go through all of these strategies already," she said. "But having that repetition is really important, and finding it in a different way, like the puppets coming in and sharing it with them is a fun way that they can really connect to, I think, and it might, get in a little more deeply for them.

Vogelsang-Card said its another space for them to be safe and discuss what's going on in their life. Some children are afraid because maybe their parents are getting divorced, or they're being bullied, but with the puppets, they might open up and disclose what's bothering them because they feel safe, even in a larger crowd. 

"When we do sexual abuse awareness that program alone, over five years, we had 87 disclosures of abuse that were followed up and reported," she said. "And children feel safe with the puppets. It makes them feel valued, heard, and we hope that in our short time that we're together, that they at least leave knowing that they're not alone."

Bedard Brothers also gave the school five new puppets to use. Viall said the puppets are a great help for the students in her classroom, especially in the younger grades. 

"Every year, I've been giving the puppets to the students. And I also have a few of the puppets in my classroom, and the students use them in small groups to practice out the strategies with each other, which is really helpful," she said. "Sometimes the older students, like sixth graders, will put on a puppet show. They'll come up with a whole theme and a whole little situation, and they'll act it out with the strategies for the younger students. It's really cute, they've done it with kindergarteners, and the kids really like it."

Vogelsang-Card said there are 130 schools in Vermont that are on the waiting list for them to come in. Lanesborough Elementary has been the only Massachusetts school they have visited, thanks to Bedard Brothers. 

"These programs are so critical and life-changing for children in such a short amount of time, and we are the only program in the United States that does what we do, which is create this content in this enjoyable, fun, engaging way with oftentimes difficult subjects," she said. "Vermont is our home base, but we would love to be able to bring this to more schools, and we can't do this without the support of community, business funders or donors, and it really makes a difference for children."

The fourth-grade students were the first class to engage with the puppets and a lot of them really connected with the show.

"I learned to never give-up and if you have to move houses, be nervous, but it still helps," said William Larios.

"I learned to always add the word 'yet' at the end," said Sierra Kellogg, because even if she can't do something now, she will be able to at some point.

Samuel Casucci was struck by what one of the puppets talked about. "He said some people make fun of him if he dresses different, come from different place, brings home lunch, it doesn't matter," Samuel continued. "We're all kind of the same. We're all kind of different, like we have different hairstyles, different clothes. We're all the same because we're all human."

"I learned how to be more positive about myself and like, say, I can't do this yet, it's positive and helpful," said Liam Flaherty.

The students got to take home stickers at the end of the day with contact information of the organization.

View Full Story

More Williamstown Stories