WESTFIELD – The Legislative & Ordinance Committee will discuss two motions tonight dealing with regulating E-cigarettes and with access to fire hydrants, both of which are poised to become curve balls when the City Council meets Thursday.
L&O Chairman Ralph Figy, the Ward 2 council representative, said this morning that he had planned to refer a motion of At-large Councilor David A. Flaherty to regulate nicotine delivering devices “the same a regular smoking products, to the council’s Public Health & Safety Committee and to the Law Department.
“I was told by Shanna Reed of the Law Department that the Board of Health is already dealing with this issue,” Figy said. “So I may recommend that the City Council take no action at this time and that we wait and see what action is taken by the Health Department, which may also include raising the minimum age to21 to purchase tobacco and related products.”
Health Boards across the Commonwealth, under state law, have the authority to establish policies to protect the health of the public. Those policies have the same legal weight as local ordinances and by-laws.
Local health boards often frequently adopt policies which eventually are adopted by the state Legislature as state law. An example is the smoking ban, which is now a state law, but was initially adopted piecemeal by local health boards.
More than 50 health boards have already adopted policies either regulating e-nicotine products or raising the legal age to 21 years to purchase those products, which could lead to legislative action.
“My thought is to wait to see what happens rather than having to amend the ordinance several times,” Figy said this morning.
The other issue, referred to the L&O by the council’s Public Health & Safety Committee, pertains to a motion to require residents to clear snow from fire hydrants.
“It sounds like a no brainer, but it’s more complicated,” Figy said. We have had some discussion to require people to clear snow from around fire hydrants which sound reasonable because it’s for their own protection.
“The issue is that snowbanks are often several feet high or that the plows don’t get to the curb so people would have to clear the road to open access to the hydrant, which I don’t think is reasonable,” Figy said. “So I’m sure there will be discussion tonight on that issue as well.”
The L&O will also consider resolution pertaining to the Columbia Greenway and to regionalization of animal control services.
The Friends of the Columbia Greenway are seeking City Council approval of a memorandum of understanding, a legal document, between their organization and the city, an agreement to allow the Friends to use funds to improve and maintain the linear park.
The Town of Southampton is also seeking the City Council’s approval of an inter-municipal agreement to give that community access to the city’s animal control services and animal shelter. The city currently has similar agreements with West Springfield, Agawam and Easthampton.
