Regional Transportation Plan

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PART 7B:

PUBLIC PARTICIPATION PLAN


and environmental

justice POLICY

 

 

Como discutir la transportacion en Espanol


INTRODUCTION TO
PUBLIC PARTICIPATION

For its transportation planning, the HVCEO maintains an official relationship with the Connecticut Department of Transportation (Conn DOT) in regard to all aspects of planning activities.

Federal transportation planning rules require that HVCEO maintain this written public participation plan. As detailed below, this plan details the process for collecting public input on HVCEO's transportation documents.

Concerned citizens will be interested in influencing the two main documents produced by the HVCEO regional transportation planning program. These are first the Regional Transportation Plan (RTP), a statement of future transportation projects.

And second the Transportation Improvement Program (TIP), a statement of more immediate and actual projects that Conn DOT intends to fund using federal dollars for construction in the near future.

Citizen access is facilitated by the fact that HVCEO by federal law makes the RTP and the TIP available to citizens and take into consideration any comments they may make before a decision to amend or adopt these key documents is reached.

Further, armed with knowledge from the RTP and TIP as to what is being proposed for transportation changes in their community, citizens work outside of the HVCEO process to lobby state representatives or other parties with influence over transportation decisions. Details as to HVCEO citizen participation policies follow below.

 

PUBLIC INPUT TO DRAFT POLICY
DOCUMENTS BEFORE COUNCIL MEETINGS

Access to draft transportation documents and all other transportation program components is the right of every citizen. Below are methods to facilitate this access:

Legal Notice in News Times. Concerning pending adoption of HVCEO's Regional Transportation Plan and Transportation Improvement Program, to alert citizens and advocacy groups in advance, a legal notice regarding upcoming adoption of these documents will be placed in the area's major newspaper in Danbury, the News Times.

Citizens groups commonly review notices in this newspaper in order to alert themselves to growth, transportation and development issues. The notice will be written in clear and welcoming language.

Direct Mailing List to Environmental Justice Groups. Interested public agencies, private providers of transportation, and other parties may elect to receive the Regional Transportation Plan and Transportation Improvement Program directly by mail. A mailing list for this outreach process is maintained at HVCEO. The list meets federal Environmental Justice rules by including minority membership organizations and institutions serving low income populations.

Public Access to Documents. Public access to documents is available at the HVCEO office 8:30 AM to 4:30 PM Monday thru Friday, evenings by appointment, or through direct mail from HVCEO. Internet access is also available.

Length of Comment Periods. Mailing and notice dates will be scheduled such that the public comment period will be at least 30 days for the Regional Transportation Plan and at least 30 days for the TIP and major TIP amendments.



Scene from HVCEO meeting of June 17, 2010

Public Information Meetings. For the draft TIP and draft Plan, in addition to the other participation mechanisms HVCEO will hold public information meetings. The HVCEO will advertise the public information meetings as legal notices in the News Times at least 30 days in advance of the information meeting.

Changes to Documents After Draft Reviewed. Also, if the final RTP or TIP either differs significantly from the ones which were first made available for public comment, or if they raise new material issues which interested parties could not reasonably have foreseen, an additional opportunity for public comment on the revised draft RTP or draft TIP will be made available.

Summary of Comments. When written or oral comments are received on the draft RTP or TIP as a result of the public involvement process, a summary, analysis, and report on the disposition of each comment shall be made part of the final RTP and TIP.

Direct Inquiries. All comments regarding HVCEO transportation planning should be directed to HVCEO Executive Director Jonathan Chew at HVCEO, 162 Whisconier Road, Old Town Hall, Route 25, Brookfield, CT 06804, 203-775-2656, or email atjchew@hvceo.org.

NOTIFICATION OF HVCEO MEETINGS
DEALING WITH TRANSPORTATION ISSUES

The following procedures shall apply:

General Transportation Planning Other Than the RTP and TIP
. There is more to the transportation planning process than just the Regional Transportation Plan (a statement of future improvement projects), and the Transportation Improvement Program (the more immediate list of projects by Conn DOT soon to be implemented).

Major transportation studies, transportation policies and status reports on projects are also discussed by the chief elected officials of HVCEO on a regular basis.

For persons wishing to shape transportation investments, it is often wise to make their views known early and often, before the periodic RTP and TIP updated are even formulated. Thus all HVCEO meetings are open to the public.

No advance notice is needed; a public comment period is provided for citizens at each meeting and visitors are made to feel comfortable.

Posting of Meeting Agendas. To facilitate opportunities for public input, advance notice of all HVCEO meetings is provided to city and town clerks where the meeting agendas are publicly posted. Agendas and minutes are internet posted.

Transportation planning related agenda items are clearly described in these notices. This meeting notification process is designed to be in full compliance with Connecticut's Freedom of Information laws, as well as the rules for openness guiding the federal transportation planning process.

Agendas to Media. Meeting notices are provided to the media to stimulate coverage. This mailing will include the New Times as the regional daily newspaper.

Citizens on Mailing List. All citizens wishing to be on the HVCEO meeting notice distribution list are accommodated at no charge. This will include parties interested in or affected by transportation plans and projects.

HVCEO Web Site. Transportation projects will also be listed on the HVCEO web site at hvceo.org. Access will be from the main home page of the site. This Public Participation Plan is also available on the HVCEO web site. Comment on the public participation policies themselves is invited.

FURTHER IMPROVING THE
PUBLIC PARTICIPATION PLAN

The HVCEO Public Participation Plan will be reviewed periodically to assure full and open access to all. Such revisions can be made at any time.

However, at a minimum, these policies will be reviewed every time the Regional Transportation Plan is updated, that schedule determined by federal rules. As the Public Participation Plan is itself part of the Regional Transportation Plan, a coordinated update process will not be inadvertently omitted.

In addition, for every Regional Transportation Plan update minority membership organizations and institutions serving low income populations will receive notifications by mail.

A Power Point presentation on the transportation planning process and area transportation issues is maintained. It is colorful, understandable by the layman, entertaining and about 45 minutes in length. This show is available to civic and citizen groups.

The HVCEO will consider as public input to HVCEO all CT Public Transportation Commission hearing testimony made by the Region's residents.

PUBLIC INVOLVEMENT PROCESS AS
PUBLIC HEARING REQUIREMENT FOR FTA

In October of 1996 the Federal Transit Administration issued revised Circular C9030.1B for the Section 5307 Urbanized Area Formula Program (the former Section 9 Program).

This streamlined the public hearing requirements for FTA Section 5307 grants by permitting the grantee, in our area the Housatonic Area Regional Transit District, or HART, in cooperation with HVCEO to satisfy the “afford an opportunity for a public hearing” requirement through the HVCEO citizen participation process, rather than HART duplicating it.

Therefore the HVCEO public involvement process will satisfy the opportunity for the public hearing requirement for most routine, traditional Federal Transit Administration Section 5307 grants, including the provision for public notice and the time established for public review and comment.

However, use of the HVCEO process will only satisfy the hearing requirement for routine projects. Projects requiring an environmental assessment or an environmental impact statement will require additional public involvement, in accordance with joint Federal Highway Administration/Federal Transit Administration regulations, 23 Code of Federal Regulations, part 771.

FTA projects that do not normally require an environmental assessment or environmental impact statement include operating assistance, purchase and rehabilitation of replacement bus or rail vehicles resulting in no or only minor expansion of the fleet, equipment for existing facilities, reconstruction and rehabilitation of transit buildings, rehabilitation of rail track, etc.

HVCEO and HART coordinate to ensure that the public is aware that the TIP development process satisfies the above participation requirements, by including this item in these policies, by having draft TIP items to HVCEO forwarded to HART, and having all draft HART TIP items forwarded to HVCEO.

PUBLIC ACCESS VIA WEB BASED
PLAN VERSUS PAPER COPY OF PLAN

Throughout the web based Regional Transportation Plan links to related resources are provided. The web based Plan is then copied to become the paper copy Plan, as it would be wasteful to update and maintain two identical copies in different formats. It is understood that only persons who have access to the Internet will be able to view those links.

How to keep this process fair? There are no HVCEO policies available via links in the electronically plan; all HVCEO policies are included in the paper copy of the plan.


ENVIRONMENTAL JUSTICE POLICY

POLICY OVERVIEW

The HVCEO's Regional Transportation Plan, TIP and Public Participation Plan as described above must also comply with Title VI of the Civil Rights Act of 1964, the 1994 Executive Order 12898 on Environmental Justice, and the U.S. DOT Order to Address Environmental Justice in Minority Populations and Low Income Populations.

Those interested in the details of Environmental Justice policy may contact HVCEO and/or access the federal Environmental Justice web site.

Spanish language information on this topic is also available; Una Perspectiva sobre la Transportacion y la Justicia Ambiental.

In its planning and project development, HVCEO is committed to FHWA guidance on this matter:

To avoid, minimize, or mitigate disproportionately high and adverse human health and environmental effects, including social and economic effects, on minority populations and low-income populations, to ensure the full and fair participation by all potentially affected communities in the transportation decision-making process, and to prevent the denial of, reduction in, or significant delay in the receipt of benefits by minority and low income populations.

Specifically concerning the Regional Transportation Plan, Environmental Justice mandates will be met by requiring that HVCEO studies determine impacts and benefits upon the population groups of concern.

It must be ascertained that they will benefit from a project in the same manner as will the general population, rather than be singled out for receipt of negative impacts of proposed projects.

IDENTIFICATION OF TARGET POPULATIONS

For a spatial mapping methodology to determine an “Environmental Justice Evaluation Area”, data from the latest census regarding 1) Black population, 2) Hispanic and Latino population, and 3) median household income by census tract and block group is used. These are the primary data sets traditionally used for identifying lower income and minority populations.

The Black and Hispanic and Latino populations are calculated as a percentage of total persons in the analysis area. The median household income for census tracts (subsets of the municipality) are calculated as a percentage of statewide median household income.

A threshold level of minority percentage is needed in order to determine “concentration.” For the minority populations, the regional averages are used. Similarly, A threshold level for median household income is needed in order to determine “concentration.” The statewide average is used, a broader measure than regional average as incomes are relatively high in this area.

Continuing with use of the income figures, a threshold level of 80% of median is used to determine low and moderate income, as this is the same percentage used for many years by state housing programs in Connecticut.

Income patterns vary throughout the Danbury metropolitan
area. HART bus routes serve all of the lower income areas.
Source: Bus routes superimposed over a regional income map.

The resulting calculations set the geographic boundaries for an “Environmental Justice Evaluation Area.” Federally funded transportation projects within this area are then subject to review for Environmental Justice considerations.

For the Housatonic Valley Planning Region, the demographic data sets described above worked well for 2004-2011. The review area became a large part of the City of Danbury. As a point of good practice the review area was then rounded out to fit the Danbury City Limits.

Thus as Danbury transportation projects are developed, in cooperation with the Conn DOT, special attention will be paid to determine if there are any adverse impacts to the defined populations. The 2012 update (assumed to be when data is available) will see if the review area should be expanded.

By using the above methodology we expect the HVCEO's Regional Transportation Plan, TIP and Public Participation Plan to help comply with Title VI of the Civil Rights Act of 1964, 1994 Executive Order 12898 on Environmental Justice and related U.S. DOT orders.

 

POLICY ON BENEFITS AND BURDENS
OF TRANSPORTATION INVESTMENTS

Specifically concerning Environmental Justice and the Regional Transportation Plan (RTP), Environmental Justice mandates will be met by determining that the population groups of concern will benefit from a project in the same manner as will the general population, rather than be singled out for inadvertent receipt of negative impacts of a proposed project.

Methods for these determinations can be project specific. If homes are removed for a transportation project the determination as to this being “good” or “bad” could be complex. And then some planned projects are still in the conceptual stage and until property impacts are estimated, there is not definitive delineation of the project right of way to review against census criteria.

It is prudent to leave room for Environmental Justice evaluation methods to remain flexible such that they can evolve in consultation with the community and officials if and when a transportation idea is flushed out enough such that possible benefits and burdens can be discussed.

The "benefit and burdens" analysis below can be updated once detailed demographic data is available for the 2010 census. The current analysis is as follows:

1. ROUTE 6. Conn DOT Project in Danbury No. 34-288: Widening of Route 6 from Kenosia Avenue easterly to just past I-84 Exit 4. This project is large enough such that it has a separate environmental report prepared by Conn DOT, a “Final Environmental Assessment” approved by FHWA on 9/25/2002.

That report concluded that “Any potential for direct impacts to minority, elderly or low income populations are extremely limited.” Also, the project “will not target an economically disadvantaged area.” Specifically from the perspective of Environmental Justice, the report concludes that “the proposed reconstruction of Route 6 would not result in a disproportionately high and adverse impact on a minority or low income population.”

2. MAIN STREET NORTH. Conn DOT Project in Danbury No. 34-302: Main Street North Streetscape Enhancement Plan. No right of way activities are associated with this project. This is beautification only, involving sidewalk redesign and pedestrian improvement, plantings and landscaping. No impact due to diversion of traffic to another roadway is involved.

3. ROUTE 37 AT STACEY ROAD. Conn DOT Project in Danbury No. 34-305: Realignment and signalization of Route 37 at its intersection with Stacey Road, most work involving the Stacey Road approach. Only very minor right of way land takes involved, no buildings moved, no diversion of traffic to another roadway.

4. ROUTE 806. Conn DOT Project in Danbury No. 34-H050: Widen Route 806 to provide for a west bound left turn lane at old Shelter Rock Road and signalize the intersection. Minor safety improvement, no diversion of traffic to another roadway.

5. I-84 INTERCHANGES. Conn DOT Project in Danbury No. 34-308: Design for minor modifications to I-84 Interchanges 2, 4, 5, and 6. Only Interchange 6 has a commitment for funding of its minor modifications. None of these involve changes to road with or takings of properties. The other interchange improvements are yet to be designed.

By way of background, the initial planning for these projects appears in a Conn DOT report dated June 2000 and entitled “I-84 Corridor Deficiencies and Needs Study Final Report.” This report includes an Environmental Justice evaluation as required of an FHWA report of this nature (Executive Order 12898 is cited). The findings are below:

Interchange 2: Scope is to extend eastbound off ramp deceleration lane, extend westbound on ramp merge area, and widen Old Ridgebury Road approaching Route 6. The EJ finding is that there is “virtually no adverse environmental impact” and “no business or residential displacements would occur.”

Interchange 4: Extend deceleration lanes, new right turn lane on Segar Street. No EJ impacts cited from this minor work.

Interchange 5: Extend westbound and eastbound on ramp acceleration lanes, extend westbound and eastbound off ramp deceleration lanes, and revise signal timing. No EJ impacts cited from this minor work.

Interchange 6: Extend eastbound acceleration lane, extend westbound deceleration lane, restripe under bridge, signalize intersection of Route 37 with eastbound on ramp. No EJ impacts cited from this minor work.

6. ROUTE 37. A proposed Conn DOT Project in Danbury but no project number yet assigned, widening of Route 37 from Main Street north to Stacey Road: Very initial and conceptual improvement plan being developed by Conn DOT Project Concept Unit, no detailed strategy ready for first concept hearing.

7. ROUTE 806. Concept Plan for widening Newtown Road from 2 to 4 lanes from Old Shelter Rock Road easterly to Plumtrees Road: This project has not yet reached the stage where property impacts are known. This is a major commercial corridor, and the concept of the project does not relocate any traffic into any residential areas.

8. ROUTE 53.Concept Plan for creating a full four lane cross section on Route 53 from South Street northerly to Boughton Street: The right of way of Route 53 here is already wide enough for four lanes. The project would be to reorganize traffic such that the pavement width available could be better utilized. Thus no property impacts are anticipated. Also, no rerouting of traffic to residential areas is involved.

9. KENOSIA AVENUE. Widening of Kenosia Avenue from 2 to 4 lanes from Backus Avenue northerly to the vicinity of Lake Kenosia. Preliminary 2003 cost estimate by City is $3.0 million. This is a commercial corridor , and the concept of the project does not relocate any traffic into any residential areas.

10. BACKUS AVENUE. Backus Avenue Corridor improvements, including signal coordination on Backus Avenue near the Danbury Fair Mall, and widening from 2 to 4 lanes from Kenosia Avenue westerly to Miry Brook Road. Preliminary 2003 cost estimate by City for widening is $3.0 million, signal coordination cost estimate pending. This is a major commercial corridor, and the concept of the project does not relocate any traffic into any residential areas.

11. BUS SERVICE. Public Bus Transit in Danbury: It should also be noted in this section that within the City of Danbury and the wider metropolitan area, the Housatonic Area Regional Transit District submits a report regarding compliance with Title VI.

This compliance report is a review of the provision of public bus service level of quality with Title VI equity requirements, the ”Transit Monitoring Report.” This relates detailed demographic criteria to FTA supported bus routes. Thus this HART document can also be considered an Environmental Justice monitoring tool for the area.

In addition to specific route analyses in its Transit Monitoring Report, HART periodically makes assurances to the Federal Transit Agency, which support Environmental Justice concerns with the planning and operation of the regional bus system. These assurances, also hereby endorsed by HVCEO, are as follows:

A. No person on the basis of race, color, or national origin will be subjected to discrimination in the level and quality of transportation services and transit-related benefits.

B. The HART will compile, maintain, and submit in a timely manner Title VI information required by the FTA under Circular 4702.1 and in compliance with the Department of Transportation's Title VI regulation, 49 CFR Part 21.9.

C. HART will make it known to the public that those person or persons alleging discrimination on the basis of race, color, or national origin as it relates to the provision of transportation services and transit –related benefits may file a complaint with the Federal Transit Administration and/or the U.S. Department of Transportation.


POTENTIAL OR EMERGING
ENVIRONMENTAL JUSTIC ISSUES

Considering activities between 2004 and 2011, in 2009 a significant potential project was flagged by HVCEO staff as in need of analysis specifically concerning Environmental Justice. This was part of a 2009 staff report on the impacts of potential tolls on I-84 in Danbury which included an Environmental Justice evaluation.

A report on tolling options by the Transportation Strategy Board was evaluated by staff. “Regarding Concept F-2 "Toll All Lanes Danbury to Waterbury," for the criteria Environmental Justice the CT Tolling Study's Table 12.12 states: "Yes, minor adverse in Danbury and Waterbury." But HVCEO staff questions this, finding:

Federal "Environmental Justice" mandates are met for tolling if a detailed tolling feasibility study determines that low income and minority groups benefit from the toll project in a manner similar to that of the general population, rather than be singled out for receipt of negative impacts of proposed projects.

The lower income neighborhoods in central Danbury shown on this map would, according to the CT Tolling Study, be bisected at their center by the I-84 toll plaza diversion traffic route carrying 12% of formerly I-84 traffic.

In 2007 HVCEO specifically designated central Danbury as an Environmental Justice evaluation area where the equality of project outcome must be determined for all federal transportation projects that HVCEO endorses.

The question is would the Environmental Justice impact in central Danbury exceed the "minor adverse" predicted by the CT Tolling Study.” Again, this has been flagged as an issue in the latest Regional Transportation Plan.

Consider also that a state policy document, officially known as the Conservation and Development Policies Plan for Connecticut, has been maintained by CT OPM since 1973. Its purpose is to coordinate and shape all major state agency funded construction.

This master State Plan was not included as an impact criteria by the CT Tolling Study. HVCEO recommends that if state tolling studies proceed to detailed siting that it be included.

The most serious conflict between the CT Tolling Study and the State Plan concerns the State Plan's protection district for Downtown Danbury. The Tolling Study predicts that the I-84 toll plaza diversion route would run directly through Downtown Danbury and that district.

The State Plan's "Regional Center" designation is valuable in that state agencies must give such areas "highest priority for affirmatively supporting rehabilitation and further development toward revitalization of the economic, social, and physical environment."

Presumably this high sounding policy would preclude deliberate state actions to divert nearby I-84 traffic into the designated central Danbury protection area.

An excerpt from the State Plan Map Legend and the State Map itself regarding Downtown Danbury are shown below:

 

Excerpt from the State Plan legend
showing some of its category definitions.

Excerpt from the State Plan Map for Danbury.

A state protection district known as "Regional Center" is in red. Proceeding
from west to east the CT Tolling Study's diversion route enters this protected
area at the intersection of Lake Avenue and Westville Avenue, passes
through Downtown, and then exits the protection area at
the intersection of White Street and Triangle Street.

The 2009 HVCEO Regional Plan Map is almost identical to the state plan map in its geographic designation of a special protection district for Downtown Danbury.

This separate policy map guides HVCEO's regional transportation policy.

 

LIMITED ENGLISH PROFICIENCY PLAN

As determined back in 2004 Spanish is the appropriate alternative language for this MPO to focus its energies on as access by persons with “limited English proficiency” is enhanced.

As agreed HVCEO developed a Spanish language page on the hvceo.org web site. This indicates some basics about the transportation planning program and how Spanish speaking persons can contract HVCEO in their own language.

In addition, a statement in Spanish on all MPO agendas will define how to access participation in that language.

This is linked from the main transportation related pages, where a short Spanish text appears as a hyperlink to this main Spanish language page.

The web page above gives a phone number to HVCEO and we will then engage a bilingual person who is familiar with the MPO program. Note that in each annual services contract between the HVCEO and the Housatonic Area Regional Transit District (HART), it is specified that HART staff will provide the Spanish translation needed to meet HVCEO's obligation.

The translator and the MPO Director may also meet with callers at a location convenient to them. Any resulting input to the program will then be handled in accordance with the regular public participation rules. The time expended, second meetings, additional persons, etc., will be relative to the complexity of the issues raised.

Further, if inquires reach the point of a meeting with the translator and the MPO Director, and the inquiring party wishes to personally address the MPO in Spanish, then the MPO should fund the translator to attend the MPO meeting and make this possible, the most aggressive Environmental Justice strategy practicable given the limited HVCEO transportation planning budget.

The practicality of this translation service arrangement will be enhanced by the fact that the translator will be an employee of the Housatonic Area Regional Transit District, a nearby organization which has a permanent long term relationship with the MPO.

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