Port Jervis sidewalks addressed

ANYA TIKKA
Posted 8/21/12

PORT JERVIS, NY — A Safe Sidewalk project prompted discussion at the Port Jervis Common Council meeting on February 22, bringing back to life the old debate about the city’s bluestone paving, and …

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Port Jervis sidewalks addressed

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PORT JERVIS, NY — A Safe Sidewalk project prompted discussion at the Port Jervis Common Council meeting on February 22, bringing back to life the old debate about the city’s bluestone paving, and who’s responsible—and liable—for maintenance and accidents.

Pieces of sidewalk are missing in several places, and while everyone wants safe walkways, there were questions about what substance they should be made of. Residential front yards also came under scrutiny when Local Law Seven was discussed. The city wants concrete, not blacktop, for sidewalks in front yards. Wayne Kidney from the First Ward asked if walkways to the doors would be included under the new law, and the council members explained they were not part of the law.

Resident Judith Tompkins said, “My parents have blacktop. The city is now... a dictatorship. Concrete is lot more expensive. I’m 100% against this. [I] can’t afford… to pay for concrete.”

Mayor Kelly Decker explained not many people are objecting to green space in front of properties, and the law arose because people were blacktopping their whole front yard.

Councilmember David Bavoso explained both Middletown and Newburgh have the same law.

Councilmember Bob Ritchie stated that over time it becomes a parking lot if blacktop is used. “The law is you can’t park in front of the house, keep it green. In sidewalks, do whatever you want.”

Councilmember Stan Siegel was ready to do battle if Safe Sidewalks required abandoning bluestone. He said, “A lot of people want their bluestone. It would be a court battle for me.”

One main obstacle for bluestone, however, is that it can’t be made to comply with the Americans with Disabilities ACT (ADA), as it’s not smooth. “It has gaps between the plates, and a wheelchair trying to go over those gaps would have difficulty. If we skip over it, is the city liable for it?” the presenter Ted Otteny from CHA Engineering asked.

Another set of problems are the sewers and gas lines under the sidewalk. Years from now, if and when sewers have to be renewed or gas lines upgraded, if there were a different material from concrete, the material would not be replaced.

“From lessons learned, we have to shy away from [bluestone] for the future problems. They will be torn out. If there’s bluestone on the property, they will not be replaced with same,” Otteny said.

Some residents protested government interference, saying the homeowners should be allowed to have different materials. “Perhaps there’s a way to plan to make the concrete look like maybe slate to avoid legal problems?” a resident wondered.

Otteny continued, “I didn’t see a lot of good shape bluestone. Most of it is broken up to pieces.” He added that aesthetic consistency is important, and that the Tree Commission has offered to plant trees in places were bluestone is removed. The Safe Sidewalks project will move forward.

In other business, Local Law Five came under scrutiny, when the city proposed a $600 transfer tax to be paid by the buyer on real estate transactions.

“This is yet another tax for the people,” a resident who has property for sale complained.

Siegel claimed a realtor told him recently in the last 420 days only 61 properties were sold in Port Jervis, for an average of $65,000, and he opposed the fee.

“People just don’t have the money today. I think it’s a great thing to do, but not right now. I’m asking for a moratorium, so people can get themselves together and we don’t force people out… until economy and people get better.” The council voted to reject the current proposal, and to possibly come back with a different number later.

Local Law Six about snow and ice removal on sidewalks near fire hydrants caused more comments about enforcement, fines, inspections and compliance.

Suggestions were to use firefighters, and possibly public works personnel to shovel after storms.

Bavoso said clearing at least a foot near hydrants was not different from clearing the sidewalk, and no overtime should be paid to DPW. “Private citizens could get hurt. If it’s an elderly widow… make sure they clear it for her.” The proposal was passed.

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