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Westerly council backs state takeover of sidewalks along state roads after heated debate; vote 6–1
Summary
The council approved a resolution asking the town's state legislative delegation to shift maintenance responsibility for sidewalks along state highways back to the Rhode Island Department of Transportation; the measure passed 6–1 after extended debate over likely state funding and legal responsibility.
The Westerly Town Council approved a resolution asking the town’s delegation in the General Assembly to sponsor legislation that would make the Rhode Island Department of Transportation responsible for maintenance of sidewalks along state highways, excluding snow and ice removal. The resolution passed on a recorded voice count the council summarized as six in favor and one opposed.
Council debate was extensive. Councilor Aiello cited state law and past court decisions that place broad maintenance responsibilities on municipalities unless the state specifically assumes them, and warned the council that DOT funding to assume maintenance statewide may not materialize. Aiello said: “If we think the [state] is going to fund everything down here...we're all gonna pay it,” and cited a 1999 Supreme Court decision (Lincoln v. State of Rhode Island) that he said supports municipal responsibility for many rights-of-way.
Other councilors argued the resolution protects town taxpayers by encouraging the state to assume responsibility for sidewalks on state rights-of-way. Councilor Shalaba, who said she lives on a state road, said the measure would “protect the citizens of this town” and refrain from diverting town funds to state-maintained infrastructure. Council President Duhamel noted the resolution’s language would not prevent the town from spending money on state roads if it chose to do so.
Councilor Aiello stated he would not support the resolution as written, citing concerns about the state’s ability or willingness to fund all required maintenance. Despite that opposition, the motion to approve the resolution carried. The tally announced by the council was 6 in favor and 1 opposed.
The resolution asks the town’s legislative delegation to request that the state place maintenance responsibility for sidewalks along state highways with the Rhode Island Department of Transportation; the motion and vote were taken after public discussion and council debate.
