Great Barrington Board of Health Meeting Summary - September 3, 2026

The Great Barrington Board of Health met remotely on September 3, 2026, after a brief delay due to technical problems. Members discussed pool fencing compliance, housing and environmental inspections, a new Massachusetts kratom ban, and a tobacco sales violation, and voted on the tobacco enforcement action.

Minutes

• Approval of the August 6, 2026 meeting minutes was delayed because one board member had not attended that meeting and could not vote on them; action was postponed until that member returned.

Public Comments & Testimony

• A public attendee asked whether the scheduled October 8 hearing notice for the Lipton Marsh tobacco sales violation was required; the board said it would look into whether a hearing is required.

Discussion Items

• Pool fencing at Landtram property: Contractor Shimmy Rochus (phonetic) proposed shrinking gaps between horizontal cedar slats to one inch as an alternative to a required chain-link fence, saying it would preserve visibility, protect the appearance of the $35,000 fence, and avoid metal-on-wood oxidation. Health Agent James, who had visited the site, said the horizontal slats and one-inch gaps could still allow a young child to climb, and suggested a black rubber-coated chain-link overlay. The contractor said the building inspector's office had told him a six-foot cedar fence would not require a permit, while the board noted that pools in semi-commercial or commercial settings fall under board of health jurisdiction. Board members expressed concern about approving a solution they would not approve for others, and agreed the health agent should speak directly with the building inspector.
• Pool ladders: The contractor also raised an issue about stainless steel pool ladders, saying a previous health inspector required an additional 1.5 feet and a later walkthrough created uncertainty about whether measurements should be taken from the ladder or the pool edge. The board said it would look into the issue.
• Housing inspection: Health Agent James reported that he had contacted the occupant of a unit at 12 Windrush and scheduled a comprehensive housing inspection for the next day because the occupant had concerns about a previous inspection.
• Garage collapse: The board was told that cleanup work was continuing alongside environmental cleanup contractors and MassDEP, and that some information had been released about the situation.
• Kratom ban: The board announced that as of August 28, 2026, Massachusetts had removed kratom and associated chemicals from legal sale, with restrictions broader than the DEA order. Letters were sent to Great Barrington retailers, follow-up checks found all retailers compliant, and enforcement options were outlined. A board member noted concerns for people with existing kratom use who may experience withdrawal, and pointed to helplines, primary care, and harm reduction services.
• Tobacco violation: Kate Fletcher of the Tri-Town Health Department Tobacco Awareness Program reported an August 6 sale of Marlboro cigarettes to an underage youth at Lipton Marsh. She stated that state law mandates a $1,000 fine and that local regulations require a tobacco sales suspension of one to five days, recommending that the board set a date about two weeks out.
• Regulation updates: The board said it was updating regulations for body art and other permitted business categories, and invited public comment.
• Health updates: Health department representatives reported the start of flu season and West Nile virus activity, including five Massachusetts cases and mosquito evidence in the Berkshires. They also described ongoing education of restaurant owners on best practices.

Key Outcomes

• The board voted to impose a $1,000 fine and a one-day suspension of tobacco sales for Lipton Marsh; the effective date was to be finalized with staff assistance.
• The pool fencing issue was tabled to the next month's agenda. Health Agent James will coordinate a meeting with the contractor and the building inspector's office and revisit the site, with a board member offering to join.
• The board will investigate whether a hearing is required for the tobacco violation and how to handle the October 8 hearing notice.
• The board will continue to monitor kratom retailer compliance and local West Nile virus risk.

The meeting adjourned after a motion to adjourn was seconded and approved by voice vote.