Update: Who Will Shovel Your Sidewalk? You!

UPDATE: The Irvington Board of Trustees voted tonight to approve an amendment to village law making all property-owners responsible for right-of-way maintenance and sidewalk snow and ice removal.  The measure was approved unanimously, with the exception of  recent apointeeKenneth Bernstein who abstained from voting.  

Two recent changes to the amendment presented tonight were the effective date--July 15, 2010--and a stipulation stating that in the event of a snow emergency, requirements laid out in the law will be waived until the emergency alert has been lifted.  

According to the law, all homeowners will  be responsible for maintaining the "right-of-way" that lies between their property lines and curbs—regardless of whether it is paved or unpaved.  Maintenance is defined as cleaning trash and leaves, mowing grass and trimming bushes.  

All home and store-owners in the Main Street Area will have to clear sidewalks of snow and ice by 9 a.m. and 4 p.m. each day, even while snow is still falling, unless of course it is deemed a snow emergency. (The definition of Main Street Area can be found on the Irvington Village website).

All property owners outside of that designated area will need to clear snow within 12 hours of its cessation. 

Property- owners who do not comply will be charged the Village's snow removal fee, plus an additional 50 percent to cover supervision and administration.

But trustees tonight emphasized the need to join forces in explaining to the community the new protocol to avoid unnecessary distress.

"We need to make sure people are confident that we won't let anything horrible occur," Trustee Constance Kehoe said, responding to concern that senior citizens unable to shovel might be subject to fines.

"The idea is not to be draconian," Mayor Jonathan Siegel echoed. "The most important part will be solidifying the details and getting the word out." 

The board in conjunction with Village Administrator Lawrence Schopfer currently are in the process of drafting an official statement outlining the law's requirements and compiling a list of people, mainly students, who will voluntarily shovel for those unable to do so.  

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One unique feature of the Village of Irvington is that historically the Department of Public Works has been responsible for sidewalk maintenance, even on residential streets.  But given the difficult economic times, the Mayor and board of trustees decided last year that uniqueness had become a luxury and that Irvington's sidewalks were no different from those in neighboring villages.

"By no longer plowing, mowing and cleaning sidewalks, the village can save approximately $200,000, which came out to a two percent tax rate decrease," Lawrence Schopfer, Irvington Village Administrator, said. 

Throughout the lengthy budget-planning process that spanned months earlier this year, Schopfer along with Mayor Jon Siegel and members of the board calculated that by losing one DPW worker by attrition, not paying village workers overtime to plow sidewalks, subtracting part-time summer labor normally responsible for sidewalks and avoiding the expense of a new snow-removal cart, the village would save a sizeable sum. 

"You can't imagine how many people have come to me this year saying that taxes are so high they can't afford to stay in their homes," Mayor Siegel said during Monday's public hearing on the new law. "It is very distressing."

However the new law which, was expected to be adopted Monday after the hearing, has been put aside until the next board of trustees meeting at the end of the month after unhappy residents voiced a number of concerns, some arguably more constructive than others.

The proposed "right-of-way maintenance and sidewalk snow and ice removal" law states that all homeowners will from here on out be responsible for maintaining the "right-of-way" that lies between their property lines and curbs—regardless of whether it is paved or unpaved.  Maintenance is defined as cleaning trash and leaves, mowing grass and trimming bushes.  

Liability for the area, though, will not be passed on to the homeowner, allaying at least one common fear residents had of possibly facing lawsuits if someone were to get hurt. 

But the most controversial aspect of the law is undoubtedly the latter portion: snow removal.

"My street, Sunnyside Lane, is only 20 feet wide," Anthony Russo, 86, said. "And when they plow the road, the snow gets thrown directly back onto the sidewalk." 

According to the proposed law, home and store-owners in the Main Street Area would have to clear all sidewalks of snow and ice by 9 a.m. and 4 p.m. each day, even while snow is still falling.  (The definition of Main Street Area can be found on the Irvington Village website).

All property owners outside of that designated area would need to clear snow within 12 hours of its cessation. 

All those who did not comply would be charged the Village's snow removal fee, plus an additional 50 percent to cover supervision and administration.

Bob Connick, a senior citizen living in the Main Street district, also voiced dissatisfaction.

"This is a serious safety hazard," Connick said.  "How do you expect seniors to shovel?"

Schopfer responded that he had already contacted school administrators to help forge a network of teenage volunteers, but the more than 25 residents present at the meeting were still not convinced.

"I live on Broadway, and I have seen how the professionals mow the grass on the edge of the right-of-way," Claire Cornish said. "They are followed by a cart with flashing lights.  If my husband or I did it, we'd be killed."

Cornish also pointed out the negative environmental impact of multiple single-family snow blowers versus one for the entire village. 

"I thought the focus was on sustainability," she said. 

Although tensions ran high throughout the duration of the hearing, specific suggestions did resonate with the board of trustees, who decided to take another two weeks to tweak the law before voting.

"The ideas of safety and what happens when snow is re-plowed on the sidewalks are valid concerns," Trustee Walter Montgomery said after taking in the more than two hours of public anger.  "We should definitely look into that." 

And even though everyone's voice was heard and ideas entertained, village officials responded ultimately to logic rather than emotion. And, albeit it slightly amended, the law will most likely be approved within the month.

"I understand that Irvington's commitment to its residents is an important part of its character," Siegel said. "But we have to balance some of those amenities with the economic impact.  If we don't account for the accruing costs, people won't even be able to afford to live here."