Ordinance Changes

At the most recent City Council meeting (5 Sept 2006) three ordinance changes and a petition relating to the Rt 12 project were on the agenda. These changes we're told must be made before MassHwy can put the project out to bid and they want to put it out to bid by the end of the month so destruction can begin in the spring.

Pardon me, but when did poor planning on the part of MassHwy become an emergency for the city. Seems to me that the urgency is overstated, especially considering that MassHwy must also complete all takings before the project can go to bid and I've yet to meet anyone whose property involves a partial taking that has recieved any notice of taking at this time.

These ordinance changes need to be explained and evaluated before they are approved. They should not be rubber stamped as it appears the council is headed towards doing. As indicated by the fact that they moved the petitions to first and second readings and they suspended the rules and passed Mr. Meunier's petition.

Here are the ordinance changes so you don't have to go to the city's website to read them.

1. 261-06. AN ORDINANCE: Amending Chapter 169-24 of the Code of the City of Fitchburg (Parking prohibited at all
   times) as it pertains to Water Street, Benson Street and Bemis Rd.
   (First Reading)
2. 262-06. AN ORDINANCE: Amending Chapter 169-59 of the Code of the City of Fitchburg (One way streets) as it pertainsto Devlin Passway and Old Leominster Rd.
   (First Reading)
3. 263-06. AN ORDINANCE: Amending Chapter 169-76 of the Code of the City of Fitchburg (Stop intersections) as it pertains to Carey Street, Old Leominster Rd., Falulah Street and Abbott Avenue.
   (First Reading)
4. The Petition
   264-06. Denis R. Meunier, Commissioner Dept. of Public Works, to make various changes in the Code of the City of Fitchburg
   related to traffic patterns on various streets necessitated by the redesign and construction of Route 12.

Notice anything about the ordinances and petition? That right - the text tells you absolutely nothing about what the actual changes are. You'd think that the councilors who voted to move these forward had a more detailed description of the changes like maybe which way travel would be allowed on Old Leominster Road, but from what I've been told by one councilor, they didn't have anything more that what was printed in the agenda. And of course they did pass the petition and moved the ordinances to First and Second readings. BTW: Councilor Donnelly took offense to Mr Boutwell's, Politics as usual comment, but it didn't stop him from voting to move these forward without even knowing what was in them. Sounds to me like Mr Boutwell hit the nail on the head.

In any case there will be a special joint meeting of the Public Works and Public Safety Committees this Tuesday 12 September at 6 PM with the three ordinances on the agenda. Not surprisingly the S&E, longtime supporters of this project did not include this special meeting in the list of public meetings in the Sunday Edition today.

So what are the issues as I see them.

Regarding the ordinance changes.

1. 261-06. Exactly from where to where and on which side of the street will the no parking at any time be implemented on Bemis, Water and Benson.
2. 262-06. Devlin Passway is one way so lets assume it will become two way - Old Leominster Rd is currently 2 way so they must plan on making it a one way. Why is it deemed neccessary to make it one way. Which direction? Expect follow up questions depending on the responses.
3. 263-06. Stop intersection - which intersections are get stop signs - which will have stop signs removed. Is the list complete?

Other issues I'd like to see addressed before this project goes to bid.

1. It's been over three years since MassHwy held the 25% hearing for Phase II of the project at Leominster City Hall (June 03). I'd like to MassHwys responses to my comments for that hearing.
2. Some of MassHwys responses to my comments on Phase I indicated that certain issues are responsiblity of the various city departments. Included in those are traffic violations and snow removal - no city department has yet provided a plan for either.
3. A signifiant Right of Way issue at the Water St/Bemis Rd intersections remains unexplained. Any widening of Rt 12 at that location requires land from the Railroad ROW. Original plans showed 6 lanes. (Later plans showed only 5 - probably a response to my Phase II comments) A 5 lane road would require a 66 ft ROW where today there is only a 50 ft ROW. How can this project move forward without MassHwy taking the land needed from CSX? I've heard rumors that MassHwy will only be granted an easement on CSXs ROW. What will happen to Rt 12 if CSX takes the ROW back as it would be able to do if the ROW is Banked?

There will be one representative of MassHwy at this special meeting. I don't think that's going to be sufficient. I would think as a minimum, the district director, the district's chief engineer, and a representative versed in ROW and Rail Banking to back them up. But of course that's just my opinion.