Macomb Township residents press board over new sidewalk maintenance program as officials cite legal risk

Macomb Township opened a public hearing on June 25 for its newly implemented sidewalk maintenance program after the township sent letters identifying slabs that need repair or replacement. Supervisor Viviano said the township’s ordinance places responsibility for sidewalk upkeep with homeowners and that a recent change in state law and court precedent has increased municipal liability.

The program matters because, officials said, the township can face lawsuits if sidewalks are not maintained. “All municipalities such as cities, villages, and townships are required to maintain their sidewalks,” the township’s counsel said at the hearing, describing how the Michigan Supreme Court’s rejection of the “open and obvious” defense has led to more trip-and-fall litigation against local governments.

At the public hearing, more than a dozen residents described wide cost differences between bills, concerns about how contractors were selected, and hardship for elderly homeowners on fixed incomes. “I have elderly neighbors that are crying,” said Valerie Folkes McCreary, who identified herself as a district precinct delegate. Sam Marasco, a resident on Valerie and Hayes, told the board: “I don’t understand why we’re doing that,” and questioned why five adjacent properties received markedly different price estimates.

Township staff and the DPW director, identified in the record as Mr. Johnson, explained the program mechanics and the procurement process used to select contractors. Johnson said the township used an RFP process posted…