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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