The Marion Board of Health wasn’t aware of just how controversial its decision was to classify menthol cigarettes as flavored tobacco and ban them from sale in Marion, but on August 23 Cheryl Sbarra, senior staff attorney for the Massachusetts Association of Health Boards, told the board members that the tobacco industry would likely sue the Town should they move to ban menthol cigarettes.

According to Sbarra, the Marion Board of Health’s action to amend regulations to classify menthol cigarettes as flavored tobacco products and ban them from sale would make Marion only the third municipality in the entire country to do so.

Although there is no legislation that prohibits the Board of Health from banning menthol cigarettes, she cautioned board members that Big Tobacco, once the smoke clears, will probably come after the Town with legal action.

“I just want you to be aware of that,” said Sbarra. “You might want your town counsel to be aware of that.”

Sbarra said the City of Chicago moved to ban menthol cigarettes as flavored tobacco products but, in order to circumvent significant legal issues, used language restricting the sale of menthol cigarettes only to stores outside of 500 feet of a school.

“They were sued,” said Sbarra. “I think they won in the lower court, but they’re having a problem enforcing it now because of how they defined ‘schools’.

Sbarra said the robust tobacco lobby has managed to keep menthol cigarettes from being classified as flavored tobacco, so far.

“I think that they will probably sue you because this (menthol cigarettes) is such a huge part of their business,” Sbarra stated.

Having said that, Sbarra indicated that if the Board of Health chooses to move forward with the ban, then various anti-tobacco entities in the United States might reach out to provide legal representation and assistance in the event of a lawsuit.

“I think there would be a lot of legal support for you if you did,” Sbarra said.

The board has two options, said Sbarra.

One is to go ahead with the reclassification of menthol cigarettes to be included in the town tobacco regulations and banned from sale in town and risk a lawsuit.

The second option would be to amend the regulation language to classify menthol tobacco as flavored tobacco products and restrict the sale of them to adult-only tobacco retail stores, of which there are none in Marion.

“It would still be very controversial because it’s menthol,” said Sbarra. She recommended that the board follow the language in the City of Providence’s tobacco ordinance, which restricts menthol cigarette sale to adult-only retail stores, because it has been upheld in both the First and Second Circuit Courts. The tobacco industry lost both times and did not appeal to the Supreme Court.

“We can try,” said Board of Health Chairman Betsy Dunn. “If they sue us, then we’ll decide.”

Board of Health member Jason Reynolds, who first proposed banning menthol cigarettes as flavored tobacco products, agreed with Dunn.

“I say we hold the hearing, and we can always alter it afterward,” said Reynolds.

Reynolds looked over a list of other towns and cities in Massachusetts that have banned the sale of flavored tobacco products, but which did not classify menthol cigarettes as ‘flavored.’

“Wimps,” said Reynolds defiantly.

Sbarra also warned the board that it might need to hold the public hearing for the ban of menthol cigarettes at a larger venue because attendance for controversial public hearings such as these can attract a significant turnout from the public, as well as legal representatives of interested parties.

The board is looking at September 27 as a tentative public hearing date for the new menthol cigarette and flavored tobacco product regulation.

Also during the meeting, the board discussed its proposed synthetic marijuana sale ban regulation, which it hopes to pass after a public hearing on September 13, tentatively.

The board received feedback from Town Counsel Jon Whitten about naming the Marion Police Department in the regulation as the enforcing body of the new law without Town Meeting approving the motion, but Sbarra told the board otherwise.

Sbarra said that as long as the Board of Health uses language designating itself and the Marion Police Department as enforcing agents, the new regulation could be approved by the board with only a public hearing on the matter.

The next meeting of the Marion Board of Health is scheduled for September 13 at 4:30 pm at the Marion Town House.

By Jean Perry

The August 17 meeting of the Rochester Conservation Commission proved to be a tame affair with several uncomplicated hearings handled.

At the end of the meeting, Chairman Rosemary Smith announced that longtime Conservation Commission member Christopher York was stepping down from his seat. Smith said that due to relocating out of the area, York would be leaving the commission effective immediately.

Associate member Daniel Gagne, who has been monitoring commission hearings and learning the wetlands rules and regulations for nearly a year, was accepted to fill the slot vacated by York.

Conservation Agent Laurell Farinon said, “It has been a real pleasure to work with Chris.” Smith added, “You will be missed.

York smiled and said, “I had a great time.”

Smith asked York to submit a letter of resignation. The letter will be forwarded on to the selectmen.

A Notice of Intent filed by Joseph Rocha, 237 Walnut Plain Road, and a Request for Determination of Applicability from Don Collasius, 172 Braley Hill Road, both received approval to move forward with septic improvements and construction. Rocha’s NOI was needed, Farinon explained, versus a simple RDA filing due the location of Rocha’s septic system in relation to Doggett’s Brook.

A continued hearing from August 3 for the NOI filing by James Fraser and Katherine Hanson, 361 Snows Pond Road, for construction of a studio structure and repair of bordering vegetated wetlands previously disturbed received an Order of Conditions after its third and final hearing on this night.

The RDA filing by Center Village Condominiums represented by Carol Hardy, 7 Benjaman Drive, received a negative determination with standard conditions. The association sought and received permission to expand a driveway area and install outside lighting within a 100-foot buffer zone.

Lastly, Hipolita Almeida, 464 Walnut Plain Road, represented by engineer Rick Charon, received a negative determination of applicability for grading work to improve his driveway area and prepare the site for future garage construction.

The next meeting of the Rochester Conservation Commission is scheduled for September 7 at 7:00 pm in the Rochester Town Hall meeting room.

By Marilou Newell

During the August 16 meeting of the Mattapoisett Board of Selectmen, the committee researching road signage for improved bicyclist and pedestrian crossing at Mattapoisett Neck and Brandt Island Roads met to discuss their findings.

The committee, comprised of Bonne DeSousa, Police Chief Mary Lyons, Highway Superintendent Barry Denham, along with residents Mr. and Mrs. Nathan Ketchel, shared several types of illuminated caution and speed signs that could be installed to assist motorists as they approach the crossings.

In a surprise turn of events, DeSousa said that after the June selectmen meeting when the committee was first charged with coming up with solutions, the subsequent news coverage was seen by the executive director of the Howard Stillman Bates Foundation, Maureen Butler.

Butler reached out to DeSousa saying that Bates enjoyed bicycling his entire life and that improving the crossings was something that the foundation could support. DeSousa called the foundation’s contribution “substantial.”

The types of illuminated signs under consideration are flashing beacon with a proximity sensor that would warn motorists when someone was in the crosswalk and flashing radar speed feedback signs with the capacity to collect traveling speed data. The costs associated with the safety signs run between $3,500 and $9,000 and could be powered by either solar or direct electrical access.

The Board of Selectmen opted to have electrical power brought to the sign locations since this would allow additional safety equipment to be added at a later date.

Selectman Paul Silva said, “If it means saving someone from being hurt, I’m all for it.”

Town Administrator Michael Gagne said that the town could probably fund part of the project from free cash at the November town meeting.

The posted speed limit at the crossings was also discussed. DeSousa said that studies have shown that, “If you are hit at 40 miles per hour you have a 1 in 10 chance of survival, at 30 miles per hour 5 in 10, and at 20 it is 9 in 10.” She made the point that lower speeds save lives.

Resident Cindy Johnson lobbied the selectmen to try and do something about posted speed limits on Route 6, urging a lower rate of speed from Prospect Road to Main Street. Gagne said that he and Representative William Straus would be meeting with Massachusetts Department of Transportation representatives to discuss such issues with Route 6.

One of the topics Gagne and Straus plan to bring up at the MassDOT meeting is the possibility of adding a sidewalk to the south side of Route 6 near the intersection of Route 6 and River Road. “I think that would be fantastic,” he said.

The selectmen and committee members also discussed the need for safety signs when the bike path eventually crosses Park Street and North Street in the future.

Earlier in the evening, the selectmen along with Chief Lyons recognized the heroic efforts of Alex Turner, Lakeville, and Chris Nicolosi, Mattapoisett, when on July 30 they aided police officer Adalberto Cardoso, Jr., when a pedestrian fell from the trestle bridge near the YMCA camp.

Shallow water made assistance by the fire department rescue boat impossible. Turner and Nicolosi were in a small Carolina skiff and were able to assist the officer who had scrambled down the slope to the injured party. The boaters brought the victim to shore at the landing on Mattapoisett Neck Road where emergency personnel were waiting.

Turner and Nicolosi received citations for their efforts with Cardoso saying, “Your willingness to help made our jobs easier.” Chief Lyons added, “It was exceptional what you did.”

Then Chief Lyons and the selectmen turned their attention to Cardoso as he was appointed as a full-time Mattapoisett police officer.

Chief Lyons said that Cardoso had completed his police academy training in Florida and had been working for the last year in Mattapoisett becoming familiar with local laws and regulations. He was given the police oath with his new bride and family standing by.

The next meeting of the Mattapoisett Board of Selectmen is tentatively scheduled for September 20 at 7:00 pm in the Mattapoisett Town Hall conference room. Beginning in October, the board will resume its regular monthly schedule of the second and fourth Tuesdays of each month.

By Marilou Newell