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N.A. Council Eyes Scooter Limits, Wood Furnace BanBy Tammy Daniels - August 27, 2008
iBerkshires Staff
NORTH ADAMS — The city is preparing to crackdown on operators of the motorized wheelchairs that seem to have proliferated over the last few years.
The council on Tuesday referred a letter from Councilor Richard Alcombright about the possible requlation of motorized wheelchairs to the Public Safety Committee and the Commission on Disabilities.
"All I'm trying to do is create some awareness for maybe an ordinance or some sort of policy that affects the safety and well-being of the operators of these chairs and allows the piece of mind of residents coming down the street," said Alcombright.
The councilor said he had two close calls with motorized wheelchairs, including one in which he nearly hit a man who entered the crosswalk from behind another vehicle. "All I could see was the top of his head," said Alcombright, who suggested that an orange flag attached to the wheelchair would have been more visible.
In his letter, first submitted to the Traffic Commission, he wrote "While most people appear to operate the wheelchairs in a responsible manner, there have been many instances where wheelchairs are being operated in the road without any safety markings such as flags or reflectors."
Councilor Ronald Boucher, chairman of the Public Safety Committee who requested the referral to his panel, said he, too, was concerned at the number of electric wheelchairs in the roads.
"I noticed a lot more little children in the laps of people operating these things in the road, not on the sidewalk," said Boucher. "I think something needs to be in place to have some kind of structure for motorized wheelchairs."
Mary Ann Benoit-Albee of Brayton Hill Terrace told the councilors she had been involved in the Americans with Disabilities Act commission in Springfield under three different mayors. That city took a harder line with motorized wheelchairs, she said. "If you are caught riding in a wheelchair without a flag, it's a $25 fine, and if you're riding double I believe there's a fine for that also."
There are programs, such as through United Cerebral Palsy, that provide flags free of charge. But, said Benoit-Albee, if North Adams created its own ADA commission and more vigorously enforced the federal law, it could have access to funding to aid in compliance.
"When I came here I noticed sidewalks in dire need of repair, a police station that is not accessible, a courthouse that was recently built but with stairs, when you get arrested you have to go down them and ... wheelchairs with no flags, people riding double. I drive so it affects me also."
The council referred the issue to committee review with the order it come back by the council's first meeting in October with recommendations.
After the meeting, Beverly Goodell, who has had to use a motorized wheelchair for some years, said she was not against regulations: "I want people to be safe. We need them to work every day.
"A lot of people want to follow the rules and need help to do it," she said.
The council also approved a resolution declaring a moratorium on the installation of outdoor-wood furnaces.
Alcombright brought the issue to the council over concerns that the energy crisis may prompt residents to buy the furnaces, which emit air pollutants. Adams banned the furnaces last year.
It was not known if any wood furnaces were operating in North Adams and the mayor cautioned that the council should take any possible existing furnaces into consideration when crafting a ban or limitations. The "infernal machines," as Billings called them, can cost up to $14,000 installed.
"My intention is not to support a ban at this point in time but to suspend their installation and operation until we can get our arms around the health and public safety issues that are relevant," Alcombright said.
Other municipalities have found the furnaces being used as incinerators, too, for trash and inappropriate materials that can give off toxins.
Billings objected that he didn't believe the council had a right to "declare" anything at this point, that "support" would be a better word.
Marden countered that the council "can declare all we want, but I don't know if anyone listens."
The resolution was approved 7-1 with Billings voting no; the issue was also referred to the Public Safety Committee for review. Councilor Marie Harpin was not in attendance.
In other business, the council:
Approved an appropriation of $19,350 from the Overlay Surplus Account to pay for the appraisal of all personal property owned by the city. Mayor John Barrett III said such an appraisal is done every few years.
Warned the state primary election to be held on Tuesday, Sept. 16, from 7 a.m. to 8 p.m.
Approved an awning for Shima at 105 Main St. and a sign for Christo's Famous Pizza at 20 Holden St.
Postponed taking up on an ordinance amending regulation and maintenance of vacant properties until the council's first meeting in October.
Referred a communication from Boucher about ongoing complaints of conditions at 129 North St. to the mayor's office. Property owner Edward Burdick said a fire in February had started the problems and that neighbors had consistently complained about the progress of the work. "We're working to resolve the problems," he said.
The driveway has been blacktopped and electrical work was expected to be back on this week, said Burdick, but he asked for the names of the neighbors who had complained through a Freedom of Information Act. Chairman Alan Marden said the council did not have the names; Councilor Clark Billings said it was up to Burdick to file an FOIA.
Marden said he should contact the mayor's office. |
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