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Today's Poll: Who should keep sidewalks cleared of snow and ice?

By Howard B. Owens
Bea McManis

Posted by Lorie Longhany on December 14, 2009 - 9:02am

Lorie wrote this on another thread, but it is just as important on this one.

"Chris, you illustrated in your storm story what we as citizens of a community do when a storm hits -- 'we help one another'. We help ourselves by shoveling our driveways so we can get to work the next day. And we may even go over and pitch in with a neighbor, who we may not know very well, and help her out. We help our neighborhood and community by shoveling the sidewalk in front of our property. We even tend to go way outside our comfort zone and reach out to a total stranger. Like the story a friend told on Saturday about the stranger with the 4-wheel drive who stopped to see if she was alright as she was pulled off to clear her wipers of ice. She then told him she had to get off the main drag because her destination was a back road and he offered to drive out in front of her to make sure she got there safely.

I live in the country. We don't have sidewalks that we're responsible for. I do, however, live on Rte 5 -- very busy and lots of plow activity during and after a storm. The plows push the snow back into our cleared driveway. We in turn have to go out and unplug all that heavy, salt and sand filled road snow so we can continue to get out of our driveway. We complain about it to each other, but we both know that the busy state road must be cleared so that the masses can keep moving. It isn't about me. It's about keeping the larger community mobile.

My point is that as a community we pull away from the 'me and I' mentality and shift to 'we and us'. What's better for the greater community? The crisis of a storm helps us make this shift and most of us quickly make the transition naturally because we want to help our fellow neighbor or even the stranger that we've never met.

Here's the wikipedia entry for the word 'community'.
http://en.wikipedia.org/wiki/Community
It's fascinating to see that the book "Bowling Alone" has an entire paragraph. Storms teach us how to interact with each other again."

Dec 14, 2009, 9:27am Permalink
Tom Gilliatt

I wonder who voted <b>It's not really important.</b> I guess they have no family.Try pushing a baby stroller down the side of a road because the side walks were not shoveled then see if you would still vote <b>It's not really important.</b>

Dec 14, 2009, 9:45am Permalink
Tom Gilliatt

Well Richard if you really need to know a couple years ago me and the family were going to TF Browens for Christmas dinner! I have no car and it is something TFB does every year and I don't have one of those sleds.

Dec 14, 2009, 10:02am Permalink
steven gaylord

We, in the town of byron, take care of our own sidewalks.MY neighbor , who is retired and also takes care of his wife makes sure that the sidewalks are clean so that the kids can get on the bus safely. People need to stop whining and get off their butts and work together instead of waiting for the town, city or state who are overburdened and working with a decreased budget and less manpower. Hats off to Joe Riggi of byron for his unselfish acts. I wish there were more Joes in society.

Dec 14, 2009, 10:25am Permalink
Bea McManis

Posted by Tom Gilliatt on December 14, 2009 - 9:45am
I wonder who voted It's not really important

I'm more interested in the 70+ who voted the city should take care of the sidewalks. How many of those are the same who complain about high taxes?

Dec 14, 2009, 10:45am Permalink
Jim Burns

"I'm more interested in the 70+ who voted the city should take care of the sidewalks. How many of those are the same who complain about high taxes?"

Good question. I bet you are correct. Although I know the taxes are high and I voted for citizens and business.

So for those that voted, for citizens and business should take care of the sidewalks, how many stepped up and helped someone last week when it snowed? Can we see that poll?

Dec 14, 2009, 11:13am Permalink
John Roach

I'd like to see people who have their driveways plowed made to clear the sidewalk after the plow gets done.

The plows pile the snow so deep onto the sidewalks, the City sidewalk plow has a hard time getting through.

Homeowners who have plowing done have no right to also block the public sidewalks.

Dec 14, 2009, 11:31am Permalink
Karen Miconi

I think it should be a "Combined" effort from residents(that can shovel,lets remember alot cant), business owners, and the City of Batavia employees. I have noticed there are only "certain" sidewalks, and streets that are plowed "Nicey-Nice", and those that are a bumpy, snowfilled mess. Why is this?? anyone?? Just my 2 cents.

By the way Howard, you missed the Tim Hortons incident this morning. I was not involved, but find it amusing to watch some "BUTT" in line, through the side parking lot. Then even more funny, was that the "BUTTer" is the one who called the police on the other BUTTer behind her. 3 police cars showed up.
What are people thinking. Halarious!!

Dec 14, 2009, 11:59am Permalink
Mark Janofsky

Snow covered sidewalks should be handeled in the same manner as unkept lawns this past summer. The city code clearly states it's the property owner's responsibility.

I drove down Washington this morning. None of the offices on the south side of the street had their sidewalks cleared. These are profesional offices that are down the street from a school! I guess they don't care about our/thier comunity. However, the worst offender by far, that has no possible excuse, is the State School For The Bilnd.

Dec 14, 2009, 12:19pm Permalink
Beth Kinsley

Agreed Mark! My daughter has to walk that way home from school and her option is either Centennial Park or in front of the Blind School. When neither are cleared she has to walk in the road which happens way too often.

Dec 14, 2009, 12:19pm Permalink
bud prevost

I have great neighbors, who help us, and we help them. It's called being good neighbors. Before the government brainwashed everyone into thinking the government is our new messiah/savior, people looked out for each other. Whether it was harvesting, building,plowing, everyone helped everyone without government assistance/regulations.
Now, your neighbor sits back and waits for the government to help, all the while bitching about taxes and the oversized government. Ironic, huh?
Instead of mandates, why don't people take it upon themselves to help each other? The govt running every single tiny aspect of our lives is not healthy. "We the People" should always strive to help the people we reside near. The world would be a much better place. :)

Dec 14, 2009, 12:29pm Permalink
Mark Janofsky

Beth, my daugher also.

Does anyone remember the kids that got struck on Niagara Falls Boulvard in Amherst a few years ago? They were walking in the street because the plows that were clearing the adjcent parking lots, piled the snow on the sidewalks.

Clear your sidewalks! If you can't, call your church!

Dec 14, 2009, 12:46pm Permalink
Karen Miconi

I agree Bud. I dont know what happened to Good Neighbors. There are some people that CAN"T shovel their sidewalks. Should we Nail Them To The Cross for it? NO, we should offer assistance. The world is so diverse, and every situation is different. Ya Know.... Work Together.. Like we were taught in grade school...
Filthy lawns, and homes have nothing to do with snow removal.
So do you want them to Ticket the eldery, and crippled for not shoveling?? The City has so many Bigger Eggs To Fry. UG What a world...

Dec 14, 2009, 1:01pm Permalink
John Roach

As a side note, I asked once why the sidewalks on some streets don't get the sidewalk plow.

I was told that many of the walks are too narrow for the plow blade. It seems new sidewalks are wider than in the past and the blades are made for the newer sidewalks.

The problem is supposed to be greater in the older sections of the south side.

Dec 14, 2009, 2:38pm Permalink
Teresa Poole

I think the city should plow the sidewalks. Isn't that what we pay taxes for or is it to watch the city employees just drive around in thir vehicles not doing nothing. Look at all the kids who had to walk in the street on friday because of the sidewalks. Wake up and make th city plow the sidewalks. Oakfield has their sidewalks plowed by the village. Why can't we ?

Dec 14, 2009, 6:40pm Permalink
Howard B. Owens

Teresa, we pay taxes for a lot of things, but we don't pay taxes for the city to clear sidewalks in front of our properties. To get that service done, it would mean a tax increase.

It's really surprising to see that so many people think it's the city's responsibility.

You know what, it is our own responsibility. Even if the city had a robust sidewalk plowing operation, they're still not going to get to every sidewalk in a timely matter. That would be physically impossible, unless they hired one crew person for each city street. Think of the expense of that.

And sidewalk clearing the city does is a "nice to have" but it doesn't releave us our own responsibility to our friends and neighbors.

As members of a community, we have a responsibility to the community to do things for our fellow community members -- we should shovel the sidewalks in front of our houses for the kids going to school, for the people walking their dogs, for the old lady that needs to go two doors down to visit a neighbor, for the mailman, for anybody in our community who has a need to walk in a safe and passable sidewalk.

To me that's just part of the social pact of living in a community. We cooperate in the community or go become hermits in the desert if that isn't our cup of tea.

Dec 14, 2009, 9:00pm Permalink
bud prevost

OK, 12 hours into your poll Howard, and I am SHOCKED at how many think it's the government's responsibility to clear the snow in front of their home or business. This not only affirms the entitlement mentality which is so predominant here, but it also points out how phucking lazy people are!! That's right, lazy fat couch potatoes who are too good to clear their own sidewalks, they depend on the city to do what they should do! Take responsibility for your inch of the world, and stop depending on the DPW to do your job.

Dec 14, 2009, 9:17pm Permalink
Steve Ognibene

Howard I disagree. The man or person who drive the city side walk plow machine works for the city and it is taken out of our taxes. It is very dangerous to have kids walking on the streets because of this to get to school. I am sorry but I firmly believe the city needs to put more machines around the schools. ESPECIALLY the elementary schools. The majority of kids in the district walk to school or being drove by their parents. Plowing the areas first around the areas leading to the schools should be top priority before children get injured or hit by a car. The city owns all property from the sidewalks to the street. They are 100% responsible!

Dec 14, 2009, 9:47pm Permalink
Beth Kinsley

I disagree Steve. The City has an easement or a right of way but that doesn't mean that they own it. The homeowner owns it and is responsible for it.

Dec 14, 2009, 9:54pm Permalink
Mark Janofsky

Karen,

You said, "we should offer assistance." Who is "we"? Tax payers via taxes, individuals of their own accord or something else?

In my opinion, filthy lawns and homes have everything to do with snow removal. They are the similar except for one difference. Not clearing your sidewalk is an immediate safety issue. Not cutting your grass is an aesthetics issue that can lead to a safety issue.

People, regardless of their disposition, should be responsible for the maintenance of their property. Whether it be snow, grass, garbage or whatever. If they can't find a way to maintain it (on their own or with the help of family, friends, neighbors, church, service club or elsewhere), they have no business owning the property. If that means making an example of them or "Nail Them To The Cross for it?" So be it.

"The City has so many Bigger Eggs To Fry." Look after the pennies and the pounds will look after themselves.

Dec 14, 2009, 9:59pm Permalink
Howard B. Owens

I'm with Bud. The idea that it's the city's responsibility smacks of "the government should take care of me."

That's how we wind up with out-of-control government growth and high taxes.

Communities only thrive when they take care of themselves.

Really, to me, this isn't about taxes and government spending, though -- not shoveling your side walk, not cutting your weeds are emblematic of a lack of concern for the community as a whole.

And really, I think this goes beyond clearing your own sidewalk -- it's also about clearing your neighbors.

It's an attitude I hope The Batavian can play a role in turning around, and something that I know Jason Molino wants to address in his approach to community engagement.

Dec 14, 2009, 10:07pm Permalink
Mark Janofsky

I also agree with Bud. So does the City Code. See Below:

159-8. Snow on sidewalks.

A. Responsibility. The owner, occupant or lessee of any lot or lands adjoining any public sidewalk shall keep the same free from snow, slush or ice. In case of failure or neglect to comply with this requirement within 24 hours following any storm depositing such snow, slush or ice, such may be removed by the Department of Public Works at the direction of the Director of Public Works. Failure to complete such removal shall not be deemed an act of negligence by the City of Batavia. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. Cindering, sanding. In the event that snow, slush or ice may become frozen on sidewalks in such a way that removal is difficult or injurious to sidewalks, the sidewalks shall be rendered safe for public travel by use of cinders, sand or other suitable materials and shall be properly cleaned thereafter when weather permits. If any owner, occupant or lessee of lots or lands abutting sidewalks fails to comply with this requirement, the walks shall be rendered safe by the Department of Public Works and thereafter cleaned at the direction of the Director of Public Works. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

C. Work performed by Department of Public Works. Any work performed by the Department of Public Works pursuant to this section shall be charged against the property owner and shall be billed and collected by the Clerk-Treasurer. Such charge shall be a lien on the adjoining realty to the same extent as city taxes, and may be included in the general city tax roll and enforced in the same manner as other city taxes. All actual items of work, including labor and materials, plus an administrative and supervisory expense of 50% thereof, shall be charged; provided, however, that the minimum charge for each occurrence shall be $5 per lot or parcel of land. Editor's Note: Former Section 44.10, Telephone facilities on public streets, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Dec 14, 2009, 10:15pm Permalink
Mark Potwora

Mark i have read that code also..the problem is the city never enforces it..so why have it..I agree that the homeowner or store owner should have to remove there own snow..the store owners dont like the snow piled up in front of there stores,i don't like the plows dumping snow in my driveway but i deal with it and shovel myself out..How did all the kids get to school years ago when there was no sidewalk plow..Besides i have seen sidewalks cleared and kids still walking in the road...Its time to enforce the rules on the books..

Dec 14, 2009, 10:33pm Permalink
Mark Janofsky

Mark, lack of code/law enforcement isn't anything new. My favorate is when they make new codes/laws on top of the already unenforced ones.

I was told by someone with the City that it's not cost effective to enforce this code. I find that hard to believe.

When I was a kid, my brother and I cleared the snow. It was always done before my father got home from work.

Dec 14, 2009, 10:48pm Permalink
Howard B. Owens

I knew the code existed, but I didn't look up the code before making my comments, because I really don't care what the law says. It's just good neighborliness to shovel your sidewalk. To me, that's the message that needs to get through.

Dec 14, 2009, 11:12pm Permalink
Mark Janofsky

True Howard. That's what I was doing Thursday. Play hookie from work. Spent the morning with my kids. In the afternoon I cleared three of my neighbor's sidewalks, one of my neighbor's driveways plus my own. Not a big deal. I'm all dressed up and covered in snow anyway. Some people just need a "prod" to get going. After that they may realize it's not all that bad.

Dec 14, 2009, 11:33pm Permalink
Bea McManis

The walk in front of the Bank of Castile was cleared yesterday afternoon.
I don't know if the city used their sidewalk plow, or if Bank of Castile arranged to have it cleared. Whatever the case, I'd like to believe that the comments left on this site spurred the action taken.
Thanks to all of you who supported the need to have that area cleared. I'm sure your concern was heard.

Dec 15, 2009, 8:19am Permalink
Karen Miconi

You should see the crews in front of city hall right now clearing the snow. While I commend them for their efforts, it seems like the public has to complain before the city does any snow removal. Why is that? As for the sidewalk plow, I have lived here on Vine St. for 16 years, and up to a couple of years ago, the sidewalk plow could be heard in the early morning, plowing the sidewalks to JK and Middle School. It was the norm to clear the sidewalks for the walkers. It is a safety issue, and until you have walked youself in bitter cold temps, can you judge those less fortunate, that have no choice. What happened to this practice? I also observed the local firemen clearing the fire hydrants. Good safety practice guys!! Thank You. Maybe we will see some of that 250,000+ profit, our local ambulance made last year... Thats right, its a fact!!....They did make a profit for the city. Just ask Jason. If code says get out there and shovel then I would guess that would mean everyone? including city hall employees?? Imagine that...

Dec 15, 2009, 9:15am Permalink
Lucille Van Son

On my way home yesterday, I noticed that all of the snow in Latina's lot is now gone and the sidewalks were cleaned down Ellicott St. There were sidewalk plow tracks on the side streets also.

Dec 15, 2009, 9:05am Permalink

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