Accessibility gets focus in town plan

January 31, 2003

Accessibility gets focus in town plan
Southbridge makes move to comply with order

Worcester Telegram & Gazette (MA)
Author: John Dignam

SOUTHBRIDGE -- Almost three years after a suit was filed to force the town to make all streets and pedestrian walkways accessible to the disabled, the town has begun an accessibility plan for the handicapped.

James M. Mazik of Hardwick, a consultant, met last night with the Commission on Disability to explain the accessibility plan, which is due March 3 at U.S. District Court in Worcester.

``That's not a lot of time, but it will be done,'' he said. ``I'm confident about that.''

Mr. Mazik said he would present a draft of the plan Feb. 20. A public hearing will be held Feb. 27.

The Town Council voted Monday to hire Mr. Mazik at a cost of $20,890. The only other bid for the project was for $90,000.

Mr. Mazik told commissioners last night he came to Southbridge two weeks ago and started gathering information. He said he also has sent surveys to department heads on the services their departments provide and accessibility issues, and has already received information.

The plan was mandated by the Americans With Disabilities Act of 1990 and should have been done about a decade ago. It also follows an administrative consent order and a contempt of court judgment against the town.

A federal judge in November found the town in contempt because it did not comply with a 2001 consent agreement to make public facilities accessible to the handicapped.

In his ruling, Judge Nathaniel M. Gorton ordered the town to allocate $5,000 to the town's disability commission, pay $4,180 in plaintiffs' lawyers' fees and complete an accessibility plan to comply with the court order by March 3.

He also fined the town $190 because a representative of the town was an hour late to the hearing Nov. 25 in U.S. District Court in Worcester.

The Town Council and former Town Manager Michael J. Coughlin Jr. had agreed to the consent order in August 2001. That order arose out of a June 2000 lawsuit filed by Charles Henries of Southbridge and Active Voices in Disability, an activists' group, to force the town to make all streets and walkways accessible to the disabled.

Under that agreement, the town was to undertake a transition plan to make public buildings accessible, establish a commission to oversee the plan, and correct curb cuts.

Within the next month, Mr. Mazik must evaluate about 10 programs and 50 buildings or facilities, such as recreation fields, for compliance with the Americans With Disabilities Act.

The accessibility plan will include a review of policies and procedures, a self-evaluation and the completion of a transition plan. He also will identify physical obstacles that limit accessibility, specify how to remove barriers to accessibility and include general cost estimates.

Mr. Mazik told commissioners last night that the state already has accepted a Southbridge School Department transition plan that identifies accessibility problems and sets a timetable for corrections.

Commission Chairman Mark P. Zarazinski said residents with concerns or suggestions about accessibility in town should contact him or the town manager's office.

ACCESS TO TRAILS

In other business, Conservation Commission Chairman Kenneth S. Pickren told commissioners that there are three trails in town that could be accessible to the handicapped.

One is the Heritage Trail from West Street School to Marjorie Lane and the Westville Lake recreation area. Mr. Pickren said about 800 yards of the trail along the Quinebaug River already is handicapped accessible. He said a section that is about three-tenths of a mile to Marjorie Lane could be made accessible.

Mr. Pickren said the state Division of Fisheries & Wildlife has provided a $5,000 grant for the project. He estimated it would cost a total of $12,000.

Mr. Pickren also described two other trails that could be made accessible to handicapped persons.

About a half-mile of the McKinstry Brook Trail could be made accessible to a picnic area along the brook, according to Mr. Pickren. A level trail leads to the site, but it needs to be improved.

Also, a four-mile section of the Grand Trunk Trail from Westville Lake parking area to River Road in Sturbridge could be used by the disabled if work was done on a short incline at the parking area to connect to the trail.

He said the trail itself, located on an old railroad bed, ``is as flat as a pancake.''

Commissioners said they would discuss the trail projects at a meeting next month.

Copyright (c) 2003 Worcester Telegram & Gazette Corp.
Record Number: 0301313716