Chicopee committee approves several winter-related damage claims, postpones others pending more documentation

CHICOPEE — The Chicopee City Claims & Accounts Committee on Wednesday approved several small claims for vehicle and mailbox damage tied to winter potholes and plow operations, while postponing or denying other storm-related claims after debate over a mayoral press advisory and missing evidence.

The committee approved reimbursement for multiple claims recommended by the Department of Public Works, including payments for pothole and mailbox damage. John Boleyer, representing the Department of Public Works, told the committee after on-site review that “we do feel that the city is responsible” for several pothole incidents and that DPW recommended payment at the adjusted cap the City Council set earlier this year.

The approvals covered: a claim filed by Deborah Nato for damage after hitting a chunk of asphalt on Angela Drive (committee approved $600, per the council's new limit); mailbox claims including Michael Gazda ($329), Paul and Andrea Irielt ($270.18), and Michelle Watson ($299); and several vehicle-tire claims, including one from Justin Stratton ($156.03) and a right-front tire claim for 73 Bonneville Avenue ($175.31). Jim Albert’s older pothole claim was also approved after the DPW recommended payment.

Why it matters: The committee’s decisions thread two recurring issues for residents after severe winter storms — when the city is responsible for damage caused by potholes or plows and how the city documents and vets claims. Committee members repeatedly cited a mayoral public advisory issued during the storm that asked residents to stay off the roads because of limited salt and sanding supplies; DPW officials used that advisory when recommending that some claims be denied.

Most of the approved claims were motions the committee passed on unanimous roll calls after DPW recommended payment. For example, the committee voted 4–0 to approve the NATO claim at $600, and to approve the mailbox and pothole payments for Gazda, the Irielts and Watson. For the tire claim from 73 Bonneville Avenue, the committee approved $175.31 after the claimant described hitting an unmarked pothole in late February.

Not all requests passed. The committee debated several claims tied to storm conditions and emergency messaging from city officials. The claim from Angel Centeno of 439 Oldfield Road — who said his commercial van became stuck in snow at Sarah Jane Park and required towing — drew the most debate. DPW recommended denying the claim because a mayoral press release warned residents to avoid travel when roads were icy. Councilor Tim Wagner urged the committee to hear Centeno’s testimony; Centeno appeared later in the meeting and told the committee he called the police and that the officers arranged the tow, and that city staff had told him the city would cover the cost. The committee was split on approving Centeno’s claim and, after an attempted approval failed on a 2–2 vote, voted to reconsider and then to postpone the item to the “call of the chair” so the claimant can provide additional documentation the committee requested (police report, photos and supporting paperwork).

Another contested item involved an exhaust-damage claim for a 2016 Nissan Maxima seeking roughly $1,373.51 in repair costs. DPW recommended denial because of the mayor’s advisory to stay off the roads; Councilor Wagner moved to approve. The motion to approve failed on a 2–2 vote (two yes, two no), leaving the DPW recommendation in place.

Several councilors voiced that their “no” votes were based on missing documentation rather than a judgment that the claimant was dishonest. Councilor Balakir and Councilor Shumsky repeatedly asked for police reports, photographs or the original claim paperwork during the meeting. The committee’s city attorney and administrative staff confirmed that some claim files did not include police reports or claimant photos; a claimant who had photos said they were on his phone and not uploaded to the meeting packet.

The committee also referenced a recent City Council adjustment that raised the DPW’s payment cap for small claims to $600; the change was cited when members approved several claims with that ceiling. Boleyer told the committee DPW staff aim to plow curb to curb but that “sometimes when it’s heavy, wet snow, this happens.”

The meeting concluded with direction to notify claimants whose items were continued about the specific documentation the committee wants for reconsideration. The committee also approved minutes from its Dec. 9, 2024 meeting and adjourned.

The committee’s next procedural step for continued claims is to obtain the police reports and photos requested and to consider those materials at a future committee meeting or for the full council to review the claimant’s request if the committee’s recommendation remains split.