Senate passes bill requiring state maintenance of sidewalks on its roads

Legislation is approved in upper chamber as the EP City Council also broaches topic

By Mike Rego
Posted 6/11/24

EAST PROVIDENCE — On the same day, June 4, as a member of the City Council here broached the subject during a discussion item on the meeting agenda later that evening, the Rhode Island Senate …

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Senate passes bill requiring state maintenance of sidewalks on its roads

Legislation is approved in upper chamber as the EP City Council also broaches topic

Posted

EAST PROVIDENCE — On the same day, June 4, as a member of the City Council here broached the subject during a discussion item on the meeting agenda later that evening, the Rhode Island Senate passed a bill that would require the state maintain sidewalks along the highways it owns, including a handful here in East Providence.

The legislation (2024-S 2019) introduced by Senator Gordon E. Rogers (R-Dist. 21, Foster, Coventry, Scituate, West Greenwich) would mandate "all maintenance" of walkways, with the exception of snow and ice removal, be the responsibility of the state.

As it stands, the Rhode Island Department of Transportation has authority over sidewalks and curbs along state roads, but the "burden of maintenance" lies primarily with the municipalities. The bill, which now heads to the House for its consideration, shifts the responsibility for maintenance and repairs, again with the exception for snow and ice removal, to state authorities.

Rogers cited the support of the Rhode League of Cities and Towns, doing so in a letter to the House Finance Committee for similar legislation introduced in the lower chamber. The letter read in part, “that sidewalk maintenance is a vital public safety issue that should be addressed at the state level.” The League also noted state oversight would bring equity and consistency to public safety and maintenance as well as financial relief to municipalities.

Rogers has intricate knowledge of the situation professionally from his post as the Director of Public Works for the Town of Foster.

“This bill is crucial for public safety and essential for the equitable and consistent upkeep of sidewalks on state roads across varied and disparate municipal budget constraints. It makes sense that if a sidewalk is on a state road, it’s a state responsibility,” said Rogers. “With this legislation, we can level the playing field for municipalities, preserve infrastructure investments, and enhance pedestrian safety and accessibility.”

The status of sidewalks in East Providence has been a going concern for years. The state has done a fair job of upkeep on some of its roads, such as improvements to Warren Avenue. However, the condition of walkways along Pawtucket Avenue, much like the tarmac itself, has been the bane of administrators and elected officials for years.

Current Ward 3 City Councilor Frank Fogarty had placed an item on his body's June 7 meeting docket prior to the Senate vote.

Fogarty's item read "Request for sidewalks on Pawtucket Ave done in concrete as previously discussed in coordination with our state paving, ensuring all handicap entrances and exits are quality for our wheelchairs, bicycles, walkers, and our signage is visible and appealing."

"That says it right there, right. That says it all," Fogarty said upon the item being read into the record at the meeting. "It's needed."

Fogarty said currently the sidewalks are too narrow and cluttered, making them almost impassible for users of wheelchairs or more than just a couple of people walking.

"We need to address it and move forward. I want to clean it up. That's all I want," Fogarty said.

Brought to the discussion for his input, City Director of Public Works Dan Borges replied, "It will be addressed as part of the repaving...when they cut into the road they're going to replace all the handicap (access points).

The city has long sought to not only have the sidewalks on Pawtucket Avenue repaired, but also the extremely busy thoroughfare be repaved as well. However, as discussed last week, Fogarty quoted RIDOT director Peter Alviti directly in saying the earlier date the city's main artery will be fixed is now 2026.

The previous incarnation of the Council, back in 2021, led by the then holder of the Ward 3 seat Nate Cahoon, sought state permission to address the situation in the short term at least. The body eventually earmarked a $1 million set-aside in that fiscal year's capital improvements budget to address the sidewalks, but in asphalt. Not the concrete Fogarty aims to see used.

Fogarty also asked if the repaving of state roads would be impacted by the now some $450 million estimated cost to replace the westbound portion of the Washington Bridge.

Pawtucket Avenue is one of several roadways included on RIDOT's State Transportation Improvement Program, known colloquially by the acronym "STIP."

To Fogarty's reference to his conversation with Alviti, Borges said he "believed" the design plan for the Pawtucket Avenue project is the 2026 date, but that the actual start of construction "was further out." He said he would check with the state and soon get back to the body with updated information.

Mayor Bob DaSilva later joined the discussion, acknowledging the "bridge project could have an impact on the STIP." He did, however, say the city is "still pushing" for the repaving of Pawtucket Avenue be expedited.

DaSilva noted as well Willett Avenue and Veterans Memorial Parkway are also on the STIP list to be repaved.

Like the much-loathed intersection at Pawtucket and Waterman Avenue's, where motorists attempting to turn left get no assistance from the traffic signal there, DaSilva said it's likely the sidewalk remedy would be included once the total refurbishing of Pawtucket Avenue commences.

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