Liability shouldn’t be a problem if streetlights are turned off in Whitefield, said a state Dept. of Transportation (DOT) spokesman this week.
Voters at the annual March town meeting approved zero dollars for renewing Whitefield’s lease with Central Maine Power in fiscal year 2009-10, which begins July 1.
Two members of the board of selectmen recently visited approximately 27 locations and questioned whether the town might be liable for an accident occurring at a dangerous intersection.
Sue McKeen commented, “If we shut lights off at a bad intersection, you’re putting people in jeopardy.” Of particular concern were junctions with Rtes. 17 and 126.
DOT region traffic engineer David Allen said, “I don’t think it will open the town up to liability. The town chose to install (the lights) and can choose to discontinue them. I don’t think a road is inherently unsafe without lights.”
Allen also said that the state has already curtailed operational hours, between 10 or 11 p.m. and 5 a.m., for overhead lighting on the Interstate highway.
At the state level as with the town, “it comes down to economics without hurting safety,” he said.
Considering less traffic volume at intersections, that such junctions are appropriately designed, that drivers are using headlights and traveling with caution, “I don’t think you would see a detectable difference” in terms of safety, Allen said.
Whitefield road commissioner and winter maintenance contractor David Boynton told selectmen recently, “From a plowing point of view, (streetlights) are a godsend, a beacon in the wilderness.”
Board chairman Steve McCormick said since the amended town meeting warrant article was “to raise zero dollars,” it might be possible “to take money from elsewhere in the budget to keep on the important ones.” The original article was “to see what sum the town will vote to raise and appropriate for streetlights,” with a recommendation to raise $3851 from taxes.
Elsewhere on the warrant, voters approved an article authorizing the board to transfer up to 10 percent of any line item account to another.
Maine Municipal Association spokesman Michael Starn said, “The decision of having or not having streetlights is legislative. Town meeting has every right to have lighting or not, and in the current economic climate many communities are looking at reducing or eliminating them. Many communities have none at all.”
At the same time, whether the selectmen have the authority to transfer money from another account “raises a red flag of caution,” he said. “It would be wise for the selectmen to get a legal opinion,” Starn said, based on the actual wording of the articles.
It’s possible assigning funds for the purpose, if such money comes from property taxes, would have to be approved at a special town meeting.
