The recently passed city budget includes funds to repair sidewalks and possibly reimburse those who paid for their own repairs
During budget discussions at a recent meeting, Milford City Councilman Dan Marabello questioned a fund set aside for sidewalk repairs as he was under the impression property owners were still required to repair their sidewalks and had the option to pay over time. According to information provided by City Manager Mark Whitfield in the packet, the capital budget included funds for sidewalk replacement as well as reimbursement to homeowners who had previously paid for sidewalk replacement. He also indicated this would mean less capital funding for other projects.
“I think the council members speak but when this whole thing came out, it’s probably been four years now,” Mayor Todd Culotta said. “You know, the idea was to make Milford more walkable city and fix sidewalks. And then we looked at our charter and said, ‘Well, you know, it’s actually in our charter it’s, which has always been the case that the homeowner is responsible for the maintenance and upkeep on their sidewalks.’ I felt because Milford city management operations let it go for so long and other councils and, no I’m not faulting anybody in the current setup that, you know, that was a big ask, and caught a lot of people off guard. And you know, and it wasn’t efficient.”
Mayor Culotta continued, stating that the city chose what sidewalks needed to be repaired.
“So you know, you come to my house and tell me I need to fix these two squares. And they’re one square apart between them. Now I’m cutting out those two squares and putting them in when if they just cut all three of them out, it would be a lot cheaper, more efficient. But we couldn’t make that decision because it was at the discretion of the homeowner who had to pay for it. And then we push this through, or we push this out for discussion. But we forgot to add at the end of the what the options were. Option one was to do it yourself. Option two was to let us do it and we’ll charge you. The third option was if you don’t do anything, we will do it and still charge you,” Mayor Culotta said. “And then the fourth option should have been if you feel this is a financial hardship and you can demonstrate need, council may make money available, but that isn’t our charter. So altogether, I think the individual is responsible for shoveling the sidewalk, but as far as maintaining and taking care of sidewalks, keeping them safe, I think we can take that over as a city.”
Mayor Culotta felt that the residents of Milford were willing to give when necessary, and this was a way for them to give back.
“You know, we asked our taxpayers for our new police station and they gladly gave it to us. Every time we go to them with increases in rates, we know most people understand the thought process behind it,” Mayor Culotta said. “And I don’t think maintaining existing sidewalks in town are a big ask. But also remember when new developments are built or new houses, like infill houses, that builder is responsible for putting in a new sidewalk. So we’re not doing that. We’re just fixing the ones that we have in Milford and reimbursing the folks that have already paid for theirs.”
Councilman Marabello questioned how much this was going to cost the city, with concerns that it could get out of control.
“I think it’s my personal belief was that first of all, they went off the information they had on how much everybody spent fixing sidewalks that were pointed out to be fixed. Okay. And on the grand scheme of things, it was $240,000 or something that wasn’t a lot,” Mayor Culotta said. “And also, I think it’s our duty as council people to beautify our city. And when we can do it this way. I like that. I think there’s an unfair advantage. Sometimes with some of the new developments they’re not even new anymore, but they don’t have sidewalks in them. We said we want a walkable city.”
Councilman Marabello stated that he knew some developments did not have sidewalks.
“So they will be paying a disproportionate amount of money for everyone else’s. But I’m concerned about the insurance liability that will be taken on to be responsible for the sidewalks,” Councilman Marabello said. “I think when people own their home they take it as part of ownership and taking care of the property.”
Councilman Marabello felt more discussion was necessary and that a new policy had to be created. He had many questions and felt this could get out of hand in a budget year that was already tight. Mayor Culotta pointed out that if the city had spent $50,000 on sidewalks every year for the past ten years, they would not be having this conversation.
“I would like to say something. In regards to the condition of the sidewalk, this program was implemented four years ago. And anybody in Ward 2 that walks at all, I would say one out of three times that I go out in the neighborhood, I will stub a toe,” Councilwoman Nadia Zychal said. “Neighbors on my street have gone airborne from tripping. So, if you’re concerned about liability, I’m concerned about liability and injury right now with the condition of the sidewalks in a program that was implemented four years ago that clearly has not been working. It is a mess”
Councilwoman Madula Kalesis agreed with Councilwoman Zychal.
“If I may, can make a comment to what Todd said, Mr. Mayor. The city comes out and makes this assessment of what is appropriate and what is not. Now I’ve walked Nadya’s street. If you’re walking it, it’s very dangerous. You could break a foot, you can’t wear a high heel because God forbid you’re gonna break something,” Councilwoman Kalesis said. “But I also walk outside my street and was forced to fix my sidewalk. My sidewalk was fine. There was literally two feet from my sidewalk that was cracked and the rest of my sidewalks were fine. But the city said I have to fix all of this and you’re gonna pay for it. I didn’t have a problem. I paid for it. But you know when the city comes and tells you we’re going to fix this whole street all the way down because we think that we have to fix it. I can afford it. I can’t afford to pay it. But not everyone can.”
Councilwoman Zychal felt that sidewalk repairs fell to the city.
“At the end of the day, the city is responsible for the curb and that’s a cost and that could be done at the same time as sidewalks and there would be an economy of scale and there would be efficiency in this way,” Councilwoman Zychal said. “It wouldn’t be a patchwork approach to try to play Whack a Mole with sidewalks waiting for people to choose one of three options and then seeing none of them done or it could be a economies of scale. It could all be done block by block. It could be done in an efficient and cost effective manner and be done.”
Councilman Jason James provided historical background to the sidewalk issue.
“I will try to do this in a quick order. Because there are some misconceptions and misinformation. So let me see., 2019 is the date I remember, maybe 2020, it was already in our ordinance. If anyone’s read the ordinance that says that the individual is responsible for the sidewalk that’s adjacent to their property for repair and maintenance,” Councilman James said. “I challenged that. When I challenged that, I was given a history on sidewalks throughout the city of Milford, I did research to see what other municipalities are doing with sidewalks and found we weren’t unique. I was told at the time that the myth was that a large number of people can’t pay for it. I asked if there is anything available, like the property tax appeals for people over a certain amount or when there’s an income level? There was a presentation of how we would do that on who would be qualified. I rewrote it to make it better so more people could qualify and it was accepted. When it went out to the individuals that was missing, that they could apply not just for if they pay right away to get a discount. They could pay for five years. But if they met certain income levels, they get a reduction amount that they would have to pay overall.”
Councilman James continued with his historic explanation.
“That major sticking point then that I was told that the reason why the city couldn’t take it over and pay for it which I believe they should because the taxpayers are already paying for it. Because remember, the city doesn’t have any money. We are already using taxpayers money. It is not the city’s, it is the taxpayer has already been impacted no matter how you slice it,” Councilman James said. “So, the question I asked for offset and I think it needs to be spoken to now and to give everyone clarification including the public. What is the legal ramifications and how does it change from where we were to now and the city taking the position to pay for our sidewalk repair and to reimburse those who have already paid what? What changes in the legality of it?”
City Manager Mark Whitfield explained that the money allocated in the budget was simply set aside should council decide to change the sidewalk code at a later date. Staff was working on a comprehensive sidewalk plan which could be tweaked, but since council had requested funding be set aside for the potential change to the code, that was included in the budget.
When it came time to vote for the budget, Councilman Marabello voted no based on the inclusion of the sidewalk repair allotment as he felt he needed to have more discussion before it was included. The budget still passed with vote of six to one with one member absent.
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