Laserfiche WebLink
and vaping products on the internet. He stated that he is encouraged that there is a section in <br /> the new law that allows the Attorney General (AG), the Department of Revenue (DOR), and the <br /> Department of Public Health (DPH)to establish regulations for persons engaged in the online sale <br /> or delivery of tobacco products. Mr. Harrington advised the Board about pending litigation in the <br /> Town of Yarmouth having to do with a portion of the model regulation that was adopted by the <br /> Yarmouth Board of Health; however, he did not have any details on the matter. <br /> Mr. Harrington went on to comment that the state had already addressed the sale of tobacco <br /> products by healthcare institutions and, per that new prohibition, Stop & Shop food facility (not <br /> the gas station) and Walgreens would not be able to renew their tobacco sales permits. This <br /> would reduce the total number of permits in Mashpee to 18, which would be the maximum <br /> allowed if the regulation is adopted. Mr. Harrington recommended an effective date of January <br /> 1, 2019 for the new regulation, to coincide with the State Law. Mr. Baumgaertel requested that <br /> Mr. Harrington circulate the language of the bill that was passed. He inquired if the bill requested <br /> that DPH promulgate any regulations of their own, and Mr. Harrington answered in the <br /> affirmative, and to expect DPH to follow suit. <br /> Mr. Harrington reminded the Board that a public hearing on the Draft Tobacco Regulation had <br /> been scheduled for October 25, 2018 at the Mashpee Public Library. He informed members that <br /> the meeting will be recorded but there is no live broadcast capability from that location, He <br /> mentioned that the military would be presenting their update on the plumes that same meeting. <br /> 2. Discussion of ©raft Rental Property Regulation. Mr. Harrington recalled that the first public <br /> hearing was held on April 5, 2018, where homeowners, realtors, and property managers voiced <br /> their opinions. He stated that no new discussions or revisions had been made since that time, as <br /> members preferred to wait for a full Board. Mr. Harrington learned that the state was in the <br /> process of promulgating laws for the licensing and taxation of short-term rentals. The bill, known <br /> as Bill 4841, was sent to the Governor who sent it back to the legislature with comments. The <br /> Governor requested that rentals of 14 days or less per year be exempt from the bill, and that <br /> addresses be left out of the state registry. Mr. Harrington informed the Board that there was a <br /> provision in the bill that only towns that adopt a by-law at Town Meeting would receive any of <br /> the lodging taxes paid. One of the requirements of that new by-law would be an inspection <br /> process that included both sanitary code and safety inspections. Mr. Harrington informed the <br /> Board that he had not heard any other updates to the state bill. He left it up to the Board whether <br /> they wanted to continue work on the Draft Rental Property Regulation or wait to see how the <br /> state responds. He stated that,while the state deliberates Bill 4841,the Town continues to have <br /> issues with noise,overcrowding, etc. <br /> Ms, Langler asked what type of comments were heard during the public hearing, and Mr, <br /> Harrington answered that they were 1) high fees, 2) goal would be better accomplished through <br /> zoning reform, and 3) realtors were worried that fees and strict enforcement would discourage <br /> people from renting, leading to reduced rental inventory. Mr. Harrington stated that property <br /> owners who are worried about inspections are the properties most likely to have violations or <br /> issues, He agreed that there is a great need for affordable, year-round rentals for people who <br /> work on the Cape. Mr. Baumgaertel inquired if the 14-day limitation fully exempt properties from <br /> the law orjust from the tax itself, and Mr. Harrington answered that the exemption is.from room <br /> occupancy tax only. He recommended a meeting with full Board prior to scheduling another <br /> public hearing on the Draft Rental Property Regulation, and suggested continuing the discussion <br /> to the October 25, 2018 meeting. Board members were in agreement, and proposed a public <br /> hearing on the matter should take place in November. <br /> 3 <br />