Snow Shoveling Ordinance Stuck In Neutral

MELROSE, MA — A proposed ordinance that would require most residents to rid their sidewalks of snow stayed in committee after a lengthy debate Monday night.

The Appropriations Committee met at City Hall to revisit the ordinance proposed earlier in the year by President of the Board of Aldermen Mike Zwirko. The ordinance essentially would require able residents to clear the snow from their sidewalks in a set amount of time after it snows. Multiple offenses would result in $50 fines, in most cases.

>>>Read: Shoveling Sidewalk Would Be Required In New Proposal

At the end of the evening, the committee didn't seem much closer to a decision than when it started.

Some aldermen questioned the financial impact and necessity of the ordinance, but what was really scrutinized was the subjectivity of its enforcement.

"Something that could end up being selectively enforced ... If I'm going to support an ordinance I want it to be fairly enforced," Alderman Monica Medeiros said.

Alderman Frank Wright, who proposed a similar ordinance in 2015, said that to assume selective enforcement would be to assume the worst.

Zwirko has said he hopes discussions would result in tightening up some of the looser points. On Monday, he was frustrated the aldermen were pointing out what they didn't like as opposed to how to remedy the issues.

"We are here to work through this," he told the committee, sharply adding they should "file an amendment" if they weren't satisfied with the current language.

Alderman Peter Mortimer had no interest in proposing amendments.

"I've been against it from the get," he said.

Mortimer said this ordinance would impact the 1 to 2 percent of Melrose homes with sidewalks who don't shovel their sidewalks, not a large enough number to necessitate a change.

Mortimer added any resources should go to making for more sidewalks in Melrose, saying 31 percent of homes don't have sidewalks, "so those people have to walk in the street 12 months a year, not just in the winter."

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Zwirko was disappointed there wasn't much progress Monday, since DPW Director John Scenna said he'd like some time to educate the public before it became official. The ordinance as written would take effect in Jan. 1, 2019.

Scenna has said his department doesn't have the manpower to enforce such an ordinance.

"We don't ticket, we don't enforce," he told the committee. "We observe."

Alderman John Tramontozzi questioned how there could be no cost to the ordinance, even though it would need a review committee for potential appeals of fines.

Wright's 2015 proposal was discussed for the better part of the year, finally being defeated, 6-5, in December.

If the remaining aldermen who voted for and against the ordinance in 2015 vote that way again, it would mean five votes in favor (Bob Boiselle, Scott Forbes, Jen Lemmerman, Frank Wright, and including Zwirko,) and three against (Monica Medeiros, Peter Mortimer, and Tramontozzi.) That would leave Zwirko needing the three other new aldermen - Manisha Bewtra, Kate Lipper-Garabedian, and Shawn MacMaster - to all vote in favor for it to pass.

Bewtra and Lipper-Garabedian indicated at the meeting they would be in favor of such a proposal, if some changes were made.

MacMaster is skeptical about certain issues, but told Patch over the phone Wednesday he had an open mind and was working to learn more before making a final decision. He won't be able to do that until a revised draft comes before the Board.

"I've had concerns with the idea of the ordinance from the start," MacMaster said, adding that he reached out to Zwirko and Wright in advance to express that.

MacMaster said he had concerns "about an inherently governmental function being passed on to residents" - in reference to the maintenance of streets and sidewalks - as well as setting precedent and enforcing the ordinance.

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Photos by Mike Carraggi, Patch