LONGMEADOW — On Nov. 4, residents of Longmeadow attended the town’s Special Town Meeting at the Longmeadow High School gymnasium to vote on 19 articles.
Article 2 was one of the motions that garnered the largest debate, asking residents to increase the violations for not removing snow from their sidewalk within 24 hours of a snow event from $10 to $50 on first offense, $125 for the second offense and $200 for the third or any future offenses.
In reading the reasoning for the article, Select Board Chair Joshua Levine cited two reported injuries as a result of uncleared sidewalks last year.
After questions from residents about the rigidness of the proposed change, Town Manager Lyn Simmons explained that all that was changing in the bylaw that already exists is the fine structure.
“I think the important distinction is that this bylaw currently exists. The only change that’s being presented with this article tonight is to increase the fines and add staggered fines,” Simmons said. “That is after education that’s done by the code enforcement officials, that’s their primary motivation, it’s to have the sidewalks clear, their goal is not to fine everyone.”
Resident Curt Freedman presented an amendment to change the motion from a $50 fine on first offense to $30, and $50 on all subsequent offenses. The amendment also included a provision that residents would continue to be fined for each day the sidewalks were not cleared. It also stated that the fines would be reset at the beginning of each winter.
Freedman said that his biggest concerns were that there was no time duration between the first and subsequent violations, that the language in the article about which sidewalks residents are responsible for, there are no defined standards for snow and ice removal and the article did not make any hardship exemptions. He also called the proposed fines “excessive.”
Levine encouraged attendees to turn down the amendment.
“If the violations were reset at the beginning at the end of each winter season, that would mean that somebody could pay $80 and leave their sidewalks uncleared for the rest of the season,” he said. “We are trying to do this because people create a dangerous situation and there needs to be some teeth to this bylaw, right now there is not.”
The motion to amend failed with a 59-119 vote.
Speaking to the original motion, resident Larry Star said that the bylaw was poorly written and that fire hydrants should be cleared as part of the bylaw to help the Fire Department and suggested that the motion be sent back to the committee.
Resident Mike Kirby presented a second motion to change the wording to state that residents would be required to clear their sidewalks within 24 hours of when the DPW completed snow and ice removal on all town owned roadways.
“I can clear the sidewalk at the end of a snowstorm, but if the DPW has not completed plowing the street, often times my sidewalk gets covered with snow and ice again from the plows that are plowing the streets to its full width and thereby causing me to be once again in violation of the bylaw,” he said.
The second amendment was also voted down 46-124.
Speaking to the original motion again, Simmons explained that the fines would reset to the initial $50 with each storm. She also said that it would be up to the discretion of the code enforcement officers to determine if residents had extenuating circumstances that prevented them from clearing the sidewalk.
Ultimately, the motion narrowly failed with an 82-94 vote.
Voters also decided to take no action on Article 4, which would have created a new revolving fund to support the DPW’s electricity and energy improvement after Levine explained town counsel was drafting language for the article.
Although some concerns were raised about Article 9, which asked residents to authorize the treasurer to borrow $8.5 million for the water main replacement project on Western Drive, voters approved the appropriation 114-29, which required a two-thirds majority vote.
Articles 10 and 11 also requested borrowing $2.5 million to fund the Western Drive CIPP-lining manhole rehabilitation project and $1.5 million to implement water meter replacements. Both articles passed with 112-22 and 114-7 votes.
All other articles on the warrant passed with little discussion.
