It’s the Law: Clear Snow and Ice from Your Own Sidewalks

Report on the Meeting of the Town Services and Outreach Committee, February 15, 2024

The meeting was held over Zoom and was recorded. The recording can be viewed here.

Present
Andy Steinberg, (at large, Chair), Hala Lord, (District 3), George Ryan (District 3), Jennifer Taub (District 4), Robert Hegner (District 5)

Staff: Rob Morra (Building Commissioner), Athena O’Keeffe (Clerk of Council)

New Meeting Time
The meeting time of the Town Services and Outreach Committee (TSO) has been changed to 10 a.m. typically every other Thursday.

This meeting addressed enforcement of the snow and ice bylaw, a proposed wayfinder sign for Amherst College at the intersection of South Pleasant and College Street, the 2021 report of the Participatory Budgeting Commission, the charge of the TSO, and priorities for future agendas. The committee also received updates on a proposed new lighting policy and a revised trash hauler bylaw. No votes were taken at this meeting.

Snow and Ice Bylaw
The Obstruction of Public Ways and snow and ice bylaw was amended last June and assigned enforcement to the town’s Department of Inspection Services. Previously, complaints about obstructions of the public way or failure to clear walks had been directed to the Department of Public Works (DPW). So far this year, Inspection Services has received complaints about six locations during the two storms January 18–30, and Code Enforcement Officer Ed Smith received complaints about four additional locations during that time frame.. Building Commissioner Rob Morra reported that the process for keeping the public ways clear is complaint driven, though Inspection Services is taking time during routine inspections of larger buildings, rental complexes, and fraternities and sororities, to educate residents and managers about the bylaw and ensure that the management plans for services on those properties include their front sidewalks.

The discussion among the councilors centered on obstacles to compliance with the bylaw and emphasized a lack of public awareness. They also spoke about the challenge of sidewalk maintenance for what both Andy Steinberg and George Ryan described as an increasingly aged population. There was general agreement that more outreach and public education was needed and the councilors agreed to undertake that work.

Morra also pointed out the heavy buildup of plowed snow near certain intersections and curb cuts, which homeowners might not be able to remove on their own. Larger properties, he said, typically hire services with appropriate equipment to deal with the problem and have been responsive to the challenge. But some homeowners have been asking, “What do I do with this cross walk and intersection where I’ve got this giant pile of snow built up from a snow plow?”

He added that many residents are not aware of the requirement that a homeowner, property owner, or tenant has the responsibility to deal with this, although  the public response, after being informed, has been very good. And problems are usually resolved immediately by residents who are contacted by  Inspections Services. 

Ryan spoke of the difficulty of navigating Amity Street after a storm due to the failure of many homeowners to clear their walks. According to Ryan, the problem of blocked walks is more pronounced for private homes than for rental properties, and  the curb visibility issues mentioned earlier by Morra are especially a problem near the intersection of Amity Street and Lincoln Avenue. He also suggested that some people may not be aware of their responsibilities to remove snow outside their residences,  but others might not be physically able to clear their own walks and not financially able to hire someone to do it.

Jennifer Taub asked that the link for filing complaints with Inspection Services be made widely available, including on town websites, in councilor communications with constituents, and perhaps in the Town Manager Report, so that residents are better informed about where to take their complaints. 

Hala Lord agreed, and suggested the need for an outreach campaign. Until recently, she said, she had not been aware of the requirement.

Ryan also agreed that outreach is needed and suggested that TSO consider taking it on.

Morra said he would consult with the town engineer, Jason Skeels, about how to address the problem of piled-up snow at intersections and curb cuts. 

In response to a question from Ryan regarding how complaints about individual home owners are addressed, Morra explained that it depends on the specific property. “Sometimes we have to go out and inspect the area to determine where the problem is. But if we know exactly the location or have a picture that was sent to us, we’ll first try to find a contact for that property owner via email or phone. If not, we’ll knock on the door… During the January 18 storm, it took a couple of extra days to get one of the locations in compliance because they were waiting for their service contractor to show up, but the rest of [the owners] have been very responsive.”

Robert Hegner asked, “If you go to a house, a private residence, and the people say, ‘We’d like to do it, but we just can’t physically do it,’ what’s the response to that situation?”

Morra said that his department really hasn’t had to deal with that kind of situation yet, though Ryan and Taub later spoke about it being an issue in their districts. Morra indicated that the mandate to clear is ultimately the homeowner’s responsibility and that the town would ask them to come up with a solution. He also said that he would consult with DPW on the matter and try to be prepared for when it does come up.

Taub reported that her constituents have asked why the town can’t just do it, adding that she recently discovered that it is, in fact, state law that makes residents and property owners responsible for keeping their sidewalks clear. 

Ryan and Steinberg spoke again about the challenges faced by older residents who can’t clear their own walks or find someone to do it for them, and claimed  that Amherst’s population is “substantially older” than in the past.

Steinberg suggested that it is relatively easy to contract with someone to plow a driveway but not to  shovel off the walk in front of your house.

Taub spoke about neighbors getting together to help people who can’t clear walks themselves,

Ryan suggested that TSO reach out to the volunteer organization Amherst Neighbors to get their take on the challenge and ask if they might serve as a clearinghouse for meeting such needs. Taub suggested also contacting the District One Neighborhood Association (DONA) in North Amherst, saying that  both groups are already plugged into local networks. Lord offered to follow up with Amherst Neighbors.

Amherst College Gateway Sign
At the Town Council meeting of February 5, a request by Amherst College to install a large gateway sign at the corner of South Pleasant and College Streets was referred to TSO.

Concerns raised previously by the Town Council and other town committees centered on the sign’s large size and concerns that it might even obstruct vision at the intersection. Also of concern was its visual impact and the possibility that it would distract drivers trying to look at all of the other wayfinder signs there. Finally there were concerns that the sign is on town land (designated as part of the Town Common) and does not in fact demarcate an entrance to the Amherst College campus.

An extensive discussion followed in which Ryan and Lord suggested that the town has little to lose in approving this sign and should grant approval as a matter of good will toward the college. Taub and Hegner had concerns about safety, consistency with other wayfinding signs in town, and with ceding town land to the college — and in so doing, giving the impression that the boundary of the campus is within the Town Common. All agreed that they hoped to see greater collaboration with the college, and indeed more fiscal support from the college for the town, although they did not agree on who should make the first move.

Ryan said that he thinks that “the sign represents the long and deep history and connection between Amherst College and Amherst the town. And it’s meant to catch the eye of someone entering the community. And you’re right. It’s not actually on college land. It’s on town land and we could say, OK, it’s got to be moved. Can’t be there. But I don’t see the logic of that. Yes, it’s actually on our land. That’s why this is before us. Will we give them permission to put it there? I think we should. I think, given the larger issues that are going on right now in terms of the future of the town, its economic status, and so forth, and negotiations between the Town Manager and the college… This is a place where we can make a gesture that I think would be appreciated by the college … .though perhaps we should have someone come and just confirm for us that it’s not going to be an issue in terms of visibility.”

Taub responded, “ I don’t want it on our land and — I’m just going to put it out there, we have a major deficit at the school. It would be nice if Amherst College helped out —that could be part of the conversation.”

Hegner agreed, saying “ I do think it doesn’t need to be there, and I agree with the comments that this is town land. You know, town land — people should feel that this is their town land, and they can go there and use it without getting permission from Amherst College.”

Ryan responded, “I’ve lived in the center of town for 36 years and I walk the common in this area almost every day. And I have never seen that space used ever, by anybody, picnicking, whatever…students, out-of-towners, anybody. It’s never been used for any kind of public fair or anything like that, partly because of Route 9. So it’s a space that essentially de facto has become associated with the college, but in a matter of actual ownership it belongs to the town. 

“The second thing I’d just like to say is that we have now a college president and people at the college talking seriously about being engaged and active with the town, perhaps with our schools, with our downtown businesses — I don’t see the point. I’m making a big issue about this being a place marker for them.” 

“It is meant obviously to say to people, here’s Amherst College. Jennifer’s correct. It’s actually not theirs. It’s about 50 or 60, or 150 feet further back. So we could say, No, you can’t have it there because that’s not actually where the college begins. But that is the place where it should be in terms of a place marker, acknowledging the connection with the college and the town. 

“So I would really strongly urge us to think hard about whether we want to make a big issue out of this or even a small issue about this at a time when we’re hoping that Amherst College is going to be receptive to a more supportive and engaged relationship with the town.”

Lord said, “I’ve been hearing about how Williams College  pledged $5 million for a fire house, and I’m excited about how we might engage with the different colleges again. I know it’s been attempted, and some has happened, but so if we have a generous spirit, or if we’re expecting a generous spirit from the others… I would like to lead with a generous spirit. Not quid pro quo, just, from a kind place. Even though I don’t necessarily understand ‘our’ land, ‘their’ land.”

Taub responded, “I just have to say, concerning the town and the college, I’ve been here for a long time, and now we’re just at the point where we’re hoping to engage them to support the town. It’s long overdue. I just have to say that.”

Steinberg suggested that TSO reach out to the town engineer to see if the proposed sign would pose any visibility problems and to Town Planner Chris Brestrup to see how it meshes with other wayfinder signage going up around the town. He noted that most of the signage is  directional, but  this one is not.

Town Lighting Policy
Steinberg reported that co-sponsor Mandi Jo Hanneke and members of the DPW  want to arrange a meeting with the policy  sponsors and the contractor who provides the town’s lighting supplies. 

Participatory Budgeting
The town’s short-lived Participatory Budgeting (PB) Commission referred its final report of 2021 to TSO, but nothing has been done since. Steinberg said that the commission put in a lot of work on their report and that it merits a response. Ryan suggested that TSO has more pressing matters in front of them and that town residents already have “other” means to bring project proposals before the town for possible funding. Athena O’Keeffe pointed out that PB was not on the evening’s agenda as an action item, and if the committee wants to consider a tabling action they should put it on a future agenda as an action item.

The Town Charter requires the creation of a Participatory Budgeting Commission for the purpose of exploring the possibility of participatory budgeting in Amherst.

The report concludes, “The Commission has come to the consensus that a traditional form of participatory budgeting is not feasible for Amherst at this time. Two key requirements for such a program to be successful and sustainable – designated funding and staff support – are not possible in our current situation, and the lack thereof would have a negative impact on any rollout of a traditional participatory budgeting program in Amherst. The Commission has thus focused its attention on assessing current opportunities for resident participation in budgeting decisions and how these existing programs might be enhanced to create similar method(s) of resident participation in the budgeting process in Amherst.”

Waste Hauler Bylaw
Taub asked when the committee could expect to see the responses that had been received, to the town’s request for information that was sent to local haulers. Steinberg agreed to check with the Town Manager and DPW to get those reports to the committee.

Creating a TSO Web Site
Ryan spoke to his suggestion that the committee should have a web site. Taub questioned why, since none of the other committees seem to have one.

Ryan responded, “We’re the Town Services and Outreach Committee. We’re kind of where the rubber meets the road. Most of the things that people complain about or concerned about — [they] have questions about sidewalks, streets, potholes, lights, senior services, recreation fields. These are all services the town provides, and I’ve always seen this committee as kind of a place to hear what the residents are saying about how well the town is doing with its services. Also, in terms of outreach. I don’t see why it hurts to have links to certain things… as we learned today, it’s not easy actually to find how to make a complaint about snow and ice. it would be a simple matter for us simply to have that link.”

O’Keeffe warned that what Ryan is proposing might be intruding into the Town Manager’s prerogatives. “I want to frame the committee’s discussion in a way that makes it clear that the committee isn’t going to be advising the Town Manager about how to do his job… I think that we can put something together. I’m not sure that it lives on the TSO web page, or if that’s most or if it, or if maybe it lives on the council page, [or] is resources for constituents, or something like that.”

Ryan responded that he thinks this is the committee that residents should be able to come to when they have concerns about town services. And because outreach is part of the mandate, being more proactive about outreach makes sense.

O’Keeffe responded that the committee needs to take a look at its charge because the charge is very specific in terms of what the committee does and doesn’t do. 

Ryan asked that the role of TSO in addressing town services be put on a future agenda. Taub concurred.

O’Keeffe reported that the Government, Organization and Legislation Committee (GOL) has asked that all committees review their charge and provide feedback to GOL.

The next TSO meeting is scheduled for March 14.