Council ponders assuming all
 sidewalk maintenance

(10/19) Commissioner Mike McNiesh proposed changing the town’s sidewalk ordinance to allow the Town to take responsibility for all sidewalk maintenance, which is historically the financial responsibility of the homeowner.

The proposal was in response to the Maple Avenue project where the town assumed financial responsibility in replacing all the sidewalks on Maple Avenue. When Commissioner Betsey Brannen asked why the town assumed the expense, Commissioner Mary Ann Brodie-Ennis replied, "It is because the road was continuously being paved over but the failures were never fixed, just covered up."

Town planner Sean Willams pointed out that the town is traditionally responsible for the roadway and curb repair, but it was found to be impossible to properly match them up to the existing sidewalk, so logically that had to be replaced as well.

McNiesh believes replacing the sidewalks on Maple Avenue was a mistake. However, because "the door was opened," the town should now assume responsibility for all the towns’ sidewalks. "We need to make this consistent across town," he said. "This way everyone gets the same treatment."

Commissioner Tom Gilbert stated, "In the past, I recommended that an income-based allocation be applied to sidewalks. If you make X amount of money, that would be equal to a percentage you would be responsible for." He believes homeowners should be responsible for their sidewalks; however, the Maple Avenue project is a ‘different story.’ He shared his surprise at getting a free sidewalk to which McNeish pointed out that the plan was created before Gilbert was in office. However, the vote was after he was reelected, so essentially, he voted for a free sidewalk.

McNeish continued his point by asking, "Right now, we are saying if you live in Old Town, you get a free sidewalk, and the current code only applies to the rest of town? That is not fair," he said. Brodie-Ennis asked, "What about the homeowners that have already paid to replace their sidewalks? What do we tell them?" She shared her frustration that there isn’t an easy answer to the sidewalk problem. McNeish shared an idea of including a restitution fund for anyone in that position.

Gilbert pointed out, "We have a nice capital surplus paid through taxes over the years, so why not at least share in the cost?"

Williams commented that after repairs for the recently approved Deerfield repair project and Green Street repairs, they may be able to use the extra toward sidewalks as needed. He said applying for grants may be a possibility as well.

The town makes anywhere from $150,000-$200,000 on bank interest alone, and that could be used as a sidewalk fund, Williams said.

McNeish endorsed using the town’s surplus. "Right now, we have a surplus and we need to take care of the problems we have now and not worry about the future."

Brannen asked the Town to consider replacing a portion of the town’s sidewalk every year, starting with the worst spots first and asked how a sidewalk in need of repair would be determined.

Commissioner Gary Baker asked for a full estimate to replace one sidewalk pad, pointing out that "It’s not just pouring new concrete. The old sidewalk and gutter needs torn out and the new one reframed and poured." The estimate would allow the Town Council to plan for future sidewalk replacement costs.

The Council opted to hold off on changing anything in the sidewalk ordnance until town staff could give them an estimate as to the cost to the town for assuming sidewalk maintenance.