Agenda Packet

AGENDA Naugatuck Valley Council of Governments and Central Naugatuck Valley MPO Virtual Video Conference Meeting 10 a.m., Friday, May 14, 2021

Please email [email protected] or call 203-757-0535 by Wednesday, May 12, 2021 concerning attendance.

1. Commencement of Meeting a. Pledge of Allegiance b. Roll Call c. Public Comment

2. CNVMPO Meeting (Voting members for these items are limited to the 15 CEOs in the CNVMPO area) a. Approval of Amendments to the 2021-2024 CNVMPO TIP (Gabriel Filer, attachment, motion) i. Approval of CNVMPO Resolution 2021-14 1. Project No. – 0430-XXXX Battery Electric Buses 2. Project No. -- 0300-0196 Rehabilitation of Train Bridges 3. Project No. -- 0400-XXXX Bus Facility Improvements ii. Approval of CNVMPO Resolution 2021-16 1. Project No. – 0170-3605 and 0170-3606 CMAQ Statewide Transportation Demand Management b. Endorsement of FY 2022-23 Unified Planning Work Program (Mark Nielsen, attachment, CNVMPO Resolution 2021-15) c. CNVMPO Self Certification (Mark Nielsen, CNVMPO Resolution 2021-17)

3. NVCOG Administrative Items a. Approval of the Minutes of the April 9, 2021 NVCOG and CNVMPO Meeting (attachment, motion) b. Approval of Agency Financial Reports and Summaries for the Period Ending 3/31/21 (Michael Szpryngel, attachment, motion) c. Designation of Annual Auditor (Michael Szpryngel, motion) d. Year End Projections (Michael Szpryngel) e. Director’s Report (Rick Dunne) • Staffing Update • Legislative Update • Kinneytown Update

4. Municipal Shared Services Update (John DiCarlo)

5. Emergency Management Update (Joanna Rogalski and John Field) a. COVID-19 Response Update • Long Term Recovery Update

Continued b. Regional Emergency Planning Team Update c. Community Emergency Response Team Update

6. NVCOG Planning/Transportation (Mark Nielsen) a. LOTCIP i. Adoption of NVCOG Resolution 2021-17: New Project – Provide Supplemental Funding for Improvement of Local Roads Impacted by the Route 34 Reconstruction Project, State Project No. 0036-0184, Derby (attachment, motion) b. LOTCIP Update and Status c. Approval of Proposed Corridor Planning Studies (attachment, motion, Resolution 2021-18) i. Ansonia – Planning and Preliminary Engineering and Environmental Assessment for the Relocation of Route 334 ii. Woodbury – US Route 6 Safety and Traffic Assessment Study

7. Other

8. Adjournment

Called by Neil O’Leary, Chairman

Any member of the public wishing to address the board at a CNVMPO/NVCOG virtual meeting should send an email to [email protected] with the following information:

• Your name, address, and any professional affiliation (for the public record) • Your phone number (only if you are using the phone dial-in option) • The item number on the agenda you plan to address in your comments

Your Information must be received by 4:30 pm on the day before the meeting.

Because of the need for stable meetings and public security, anyone who does not provide the above information cannot be admitted to our online meetings.

May 14, 2021

MEMORANDUM: 20210514-TIP AMD

To: Central Naugatuck Valley MPO Board Members and Alternates From: Gabriel Filer, Transportation Planner Subject: Amendment to the 2021‐2024 Transportation Improvement Program

The CT DOT is requesting five new projects be added to the CNV MPO 2021-24 TIP.

Project No. 0430-XXXX: Section 5339 Low or No Emissions (LoNo) Grant Program (Waterbury) This project utilizes funding from the Section 5339 Low or No Emissions (LoNo) program to fund improvements to the Waterbury division of CTTransit. Part of this project involves purchasing ten (10) new Battery Electric Buses and making adequate facility modifications to accommodate new fleet. In addition, ten (10) vehicle charging stations would be installed along with the purchase of support equipment. This project doesn’t require any local match.

Funding Total Federal State Local Code Phase Year ($000) ($000) ($000) ($000) Comments 5339Q ALL 2022 9,255 7,404 1,851 0 New project

Project No. 0300-0196: Section 5337 State of Good Repair Grants Program (District 5) This project utilizes funding from the FTA State of Good Repair Grants Program to cover the cost of rehabilitating train bridges along the Metro-North Railroad New Haven Line, which includes the Waterbury Branch. This project benefits the region by performing full repairs of existing transit systems while enhancing train service. No local match is required to cover this project.

Funding Total Federal State Local Code Phase Year ($000) ($000) ($000) ($000) Comments 5337 CON 2021 8,000 6,400 1,600 0 New project

Project No. 0400-XXXX: Section 5339 Bus and Bus Facilities Program (District 5) This project utilizes funding from the Section 5339 Bus and Bus Facilities Program to replace computer hardware and software on buses operated by CTTransit. Funds would also cover the replacement of support vehicles and equipment. This project takes place across District 5, which encompasses the entire CNV MPO region. No local match is required to cover this project.

Funding Total Federal State Local Code Phase Year ($000) ($000) ($000) ($000) Comments 5339 OTH 2021 1,051 841 210 0 New project

BEACON FALLS • BETHLEHEM • BRISTOL • CHESHIRE • MIDDLEBURY • NAUGATUCK • OXFORD • PLYMOUTH

PROSPECT • SOUTHBURY • THOMASTON • WATERBURY • WATERTOWN • WOLCOTT • WOODBURY

Project No. 0170-3605: Congestion Mitigation and Air Quality Improvement (CMAQ) Program (Statewide) Funding from the CMAQ Statewide Transportation Demand Management (TDM) program will cover the cost of providing outreach to individuals and employers in supporting the CT DOT’s carpool and vanpool programs in Southwestern Connecticut, which includes the Greater Waterbury region. This program offers resources to help employers create teleworking programs. It aims to reduce the number of employee trips, decrease traffic congestion, and air pollution. No local match is required for this project.

Funding Total Federal State Local Code Phase Year ($000) ($000) ($000) ($000) Comments CMAQ OTH 2021 3,355 2,684 671 0 New project

Project No. 0170-3606: Congestion Mitigation and Air Quality Improvement (CMAQ) Program (Statewide) This project utilizes funding from the CMAQ Statewide Transportation Demand Management (TDM) program to cover the cost of providing outreach to individuals and employers in supporting the CT DOT’s carpool and vanpool programs statewide. This program offers resources to help employers create teleworking programs. It also aims to reduce the number of employee trips, decrease traffic congestion, and air pollution. No local match is required for this project.

Funding Total Federal State Local Code Phase Year ($000) ($000) ($000) ($000) Comments CMAQ OTH 2021 2,106 1,685 421 0 New project

Recommendation: MOTION: To approve CNVMPO resolution 2021-14 and 2021-16

Central Naugatuck Valley MPO 2021-2024 Transportation Improvement Program Amendments - FFY 2021-2024 TIP/STIP

Project #: 0170-3605 Town: Statewide Route/System: VARIOUS Region: 75

Statewide Transportation Demand Management (NY-NJ-CT Moderate) FACode: AQ Code: Phase: Year: Tot$(000): Fed$(000): Sta$(000): Loc$(000): Comments: ChangeCode: CMAQ X6 OTH 2021 $3,355 $2,684 $671 $0 New project 05

Project #: 0170-3606 Town: Statewide Route/System: Various Region: 76

Statewide Transportation Demand Management (Greater CT Moderate) FACode: AQ Code: Phase: Year: Tot$(000): Fed$(000): Sta$(000): Loc$(000): Comments: ChangeCode: CMAQ X6 OTH 2021 $2,106 $1,685 $421 $0 New project 05

Project #: 0300-0196 Town: Various Route/System: NHL- ML Region: 01,05,07,08

NHL - Scour Rehabilitation Project FACode: AQ Code: Phase: Year: Tot$(000): Fed$(000): Sta$(000): Loc$(000): Comments: ChangeCode: 5337 X6 CON 2021 $8,000 $6,400 $1,600 $0 New project 05

Project #: 0400-XXXX Town: Various Route/System: CTTRANSIT Region: 01,05,08,10,11

CTtransit Systemwide Admin Capital/Misc Support FY 2021 FACode: AQ Code: Phase: Year: Tot$(000): Fed$(000): Sta$(000): Loc$(000): Comments: ChangeCode: 5339 X6 OTH 2021 $1,051 $841 $210 $0 New project 05

Project #: 0430-XXXX Town: Waterbury Route/System: CTTRANSIT Region: 05

CTtransit Waterbury Division - LONO Discretionary - Facility modification, purchase ten (10) Battery Electric Buses and support equipment FACode: AQ Code: Phase: Year: Tot$(000): Fed$(000): Sta$(000): Loc$(000): Comments: ChangeCode: 5339Q X6 ALL 2022 $9,255 $7,404 $1,851 $0 New Project 05

RESOLUTION 2021-14

AMENDMENT FFY 2021-2024 TRANSPORTATION IMPROVEMENT PROGRAM CENTRAL NAUGATUCK VALLEY MPO

WHEREAS, the Central Naugatuck Valley MPO is authorized by the Fixing America’s Surface Transportation Act (FAST Act) and related US Department of Transportation regulations to prepare, endorse, and periodically amend a short range Transportation Improvement Program for the 15-town MPO area within the Waterbury Urbanized Area and is required to maintain a fiscally- constrained program of priority projects.

WHEREAS, the CNVMPO endorsed the FFY 2021-2024 Transportation Improvement Program for the Central Naugatuck Valley Planning Region (TIP) at its October 9, 2020, meeting; and the US Department of Transportation (Federal Highway Administration and Federal Transit Administration) have approved the State FFY 2021-2024 Transportation Improvement Program (STIP).

WHEREAS, the Connecticut Department of Transportation is requesting amendment of the FFY 2021-2024 TIP to allocate Section 5339 Low or No Emissions (LoNo), Section 5337 State of Good Repair and Section 5339 grant funds for projects 0430-XXXX, 0300-0196 and 0400-XXXX.

WHEREAS, the proposed projects do not necessitate a new Air Quality Conformity Determination.

WHEREAS, the public notification and review of these amendments was consistent with and followed the procedures set forth in the MPO’s public involvement guidelines, and the proposed amendments are consistent with the metropolitan transportation plan for the Central Naugatuck Valley planning region.

NOW, THEREFORE BE IT RESOLVED that Central Naugatuck Valley MPO approves the amendment of the FFY 2021-2024 TIP to allocate federal aid funds as listed and described in the attachment to this resolution.

This resolution shall become effective as of May 14, 2021.

I do hereby certify that the resolution adopted by the Central Naugatuck Valley MPO at a public meeting held on May 14, 2021, at which a quorum was present and that the same is a correct and true transcript from the original thereof.

May 14, 2021 Ed Mone, Secretary Date

BEACON FALLS • BETHLEHEM • BRISTOL • CHESHIRE • MIDDLEBURY • NAUGATUCK • OXFORD • PLYMOUTH

PROSPECT • SOUTHBURY • THOMASTON • WATERBURY • WATERTOWN • WOLCOTT • WOODBURY

RESOLUTION 2021-16

AMENDMENT FFY 2021-2024 TRANSPORTATION IMPROVEMENT PROGRAM CENTRAL NAUGATUCK VALLEY MPO

WHEREAS, the Connecticut Department of Transportation is requesting amendment of the FFY 2021-2024 TIP to allocate Congestion Mitigation and Air Quality Improvement (CMAQ) Program grant funds for projects 0170-3605 and 0170-3606.

WHEREAS, the proposed projects do not necessitate a new Air Quality Conformity Determination.

This resolution shall become effective as of May 14, 2021.

May 14, 2021 Ed Mone, Secretary Date

BEACON FALLS • BETHLEHEM • BRISTOL • CHESHIRE • MIDDLEBURY • NAUGATUCK • OXFORD • PLYMOUTH

PROSPECT • SOUTHBURY • THOMASTON • WATERBURY • WATERTOWN • WOLCOTT • WOODBURY

May 14, 2021

MEMORANDUM: 03122021UPWP

To: Central Naugatuck Valley MPO Board Members and Alternates From: Mark Nielsen, Director of Planning Subject: FY 2022-2023 Unified Planning Work Program

The NVCOG, as the host agency for the Central Naugatuck Valley MPO, is required to prepare a Unified Planning Work Program that describes the planning tasks to be completed over the two- year time period from July 1, 2021 through June 30, 2022. The draft UPWP for the NVCOG was prepared in accordance with Title 23 CFR Part 420 and Part 450 Section 308. The metropolitan transportation planning activities documented in the UPWP will be performed using funds provided by the U.S. Department of Transportation (Federal Highway Administration and Federal Transit Administration), under Title 23 U.S.C. and Title 49 U.S.C. Chapter 53.

The planning tasks and studies are intended to address the transportation issues and constraints facing the metropolitan area and help achieve the goals and objectives listed in the MPO’s long range transportation plan.

The UPWP has four main tasks:

· Task 1: Data Collection and Analysis: This task monitors transportation performance and uses performance measures to assess and analyze how effective transportation improvements have addressed issues and deficiencies. The use of the NVCOG’s Geographic Information System (GIS) is a key element of transportation performance monitoring and provides support to the transportation planning process. Additionally, NVCOG’s is setting up a regional travel demand model (TransCAD model) to assess travel patterns and inform highway investment strategies. The NVCOG subscribes to the StreetLight Data transportation analytics platform to determine and analyze travel patterns. As data from the 2020 Census becomes available, NVCOG will download demographic and journey to work data and use it as part of its transportation plans and projects. Due to population changes, the designation of urban areas may change. NVCOG will assist CTDOT in assessing possible changes affecting the Waterbury UZA.

· Task 2: Transportation Planning: This task covers both short-range and long-range planning activities and includes three sub-tasks: regional planning, transit planning and planning for active transportation. Short-range planning involves conducting traffic operations, environmental mitigation, providing technical assistance to member communities and project scoping and development, including managing and operating

BEACON FALLS • BETHLEHEM • BRISTOL • CHESHIRE • MIDDLEBURY • NAUGATUCK • OXFORD • PLYMOUTH

PROSPECT • SOUTHBURY • THOMASTON • WATERBURY • WATERTOWN • WOLCOTT • WOODBURY

the Local Transportation Capital Improvement Program (LOTCIP). Active transportation studies focus on enhancing bicycle and pedestrian facilities, promoting complete streets, and ensuring safety of pedestrians and bicyclists. Long-range planning activities include undertaking corridor studies and focus on preparation of the long-range Metropolitan Transportation Plan (MTP), sustainable development planning efforts, developing a 10- year transit capital plan, and TOD and livable communities initiatives. Implementation- related efforts are included in each sub-task, as appropriate, and involve overseeing progress in advancing highway and transit capital improvement programs. The MTP will updated to include assessments on micro-transit opportunities and mobility as a service.

· Task 3: Program Management and Administration: Under this task, the NVCOG performs the management and administrative functions related to conducting the regional transportation planning process and includes development of work programs, preparation of grant applications and work programs and work related to the consultant selection process. Program management tasks will also involve administering work related to the possible re-designation of MPO boundaries, as may be necessary. Work under this task also supports efforts to provide a proactive public involvement process and ensure timely public notice, full public access, and early and continuing public involvement, including facilitation of public outreach in the region for the CTDOT’s strategic transportation plan and update of the statewide long-range transportation plan. A major emphasis is complying with federal requirements regarding Title VI, Environmental Justice and Limited English Proficiency, identifying innovative ways to encourage greater public participation and creating electronic versions of plans and reports. The purpose of Public Participation in the Naugatuck Valley planning region is to provide fair and balanced planning.

· Task 4: Other Technical Assistance: Under this task the NVCOG supports and provides technical assistance relating to major corridor studies, project development and delivery, participation in special studies and projects under the sponsorship of CTDOT, FHWA and FTA, and services carried out on behalf of member towns. Project implementation activities consisting of developing and maintaining the Transportation Improvement Program (TIP), project development, regional review and prioritization of projects and oversight and project management of active transportation improvement projects.

The following table indicates the federal, state and local funds available to the NVCOG from all sources to conduct the metropolitan transportation planning program. The funding sources including planning funds provided by the Federal Highway Administration and Federal Transit Administration. The federal funds account for 80% of the planning program budget. Non-federal match is provided by the State of Connecticut through the Connecticut Department of Transportation and local funds. The two-year agreement covered by the FY 2020-2021 UPWP is based on the state providing a 10% match of federal funds with the MPOs contributing 10%

Based on unofficial audits, carryover funds from FY 2018/2019 have been allocated to FY 2022 and 2023 budgets. The state is currently anticipating provide a 10% non-federal match of the carryover funds; local sources are required to contribute the other 10% match.

FY 2022 and FY 2023 Program Revenues by Funding Sources Central Naugatuck Valley MPO

Regional FHWA PL + Funding Program State Local Total Sponsor FTA 5303

FY 2022 FHWA PL + FTA 5303 NVCOG $638,745 $79,843 $79,843 $798,431

FY 2023 FHWA PL + FTA 5303 NVCOG $638,745 $79,843 $79,843 $798,431

FY 2018/19 Carryover NVCOG $349,517 $43,690 $43,690 $436,897

Total $1,627,007 $203,376 $203,376 $2,033,759

Recommendation:

Motion: To adopt Resolution 2021-15 endorsing the FY 2022-2023 UPWP.

RESOLUTION 2021-15

ADOPTION FY 2022-2023 UNIFIED PLANNING WORK PROGRAM CENTRAL NAUGATUCK VALLEY MPO

WHEREAS, the Central Naugatuck Valley MPO is required to conduct the federal metropolitan transportation planning process in accordance with federal planning regulation.

WHEREAS, the Naugatuck Valley Council of Governments is the designated host agency for the Central Naugatuck Valley MPO and has prepared the FY 2022-2023 Unified Planning Work Program in accordance with the federal planning guidelines.

WHEREAS, the draft UPWP lists and describes the planning tasks to be completed over the next two fiscal years and has developed task allocation budgets to accomplish such tasks.

NOW, THEREFORE BE IT RESOLVED Central Naugatuck Valley Region MPO approves, endorses and authorizes the Unified Planning Work Program, as prepared by NVCOG and negotiated with the State Department of Transportation, as the CNVMPO’s Transportation Work Plan for FY 2022 and FY 2023.

This resolution shall become effective as of May 14, 2021.

I do hereby certify that the resolution adopted by the CNVMPO at a public meeting held on May 14, 2021, at which a quorum was present and that the same is a correct and true transcript from the original thereof.

Respectfully submitted,

Ed Mone, Secretary Date

BEACON FALLS • BETHLEHEM • BRISTOL • CHESHIRE • MIDDLEBURY • NAUGATUCK • OXFORD • PLYMOUTH

PROSPECT • SOUTHBURY • THOMASTON • WATERBURY • WATERTOWN • WOLCOTT • WOODBURY

MEMORANDUM: 05142021-Certification

To: Central Naugatuck Valley MPO Board Members From: Mark Nielsen, Director of Planning Subject: Transportation Planning Self Certification

Section 450.336 of the Metropolitan Planning Rules (23 CFR Part 450) requires that at least every four years, the Metropolitan Planning Organization certify that the planning process is addressing the major issues facing the area and is being conducted in accordance with applicable federal laws and regulations. The requirements are contained in the following legislation and regulations:

1. 23 U.S.C. 134, 49 U.S.C. 5303, The Metropolitan Planning Rules These laws and regulations provide the legal framework for conducting the transportation planning process in Metropolitan Planning Areas. They direct the process for developing transportation plans, programs and activities and promote the safe and efficient management, operation and development of multimodal transportation systems through a continuing, cooperative, and comprehensive planning process. 2. The Clean Air Act (42 U.S.C.7504, 7506(c) and (d), 23 U.S.C. 134, 40 CFR 93 In non-attainment and maintenance areas, these laws and regulations discusses the planning and development of an air quality State Implementation Plan and require an air quality conformity analysis to demonstrate that the transportation plans and programs are consistent with the objectives of the State Implementation Plan. 3. Title VI of the Civil Rights Act of 1964 Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color, or national origin in all federally assisted programs. Subsequent laws and Presidential Executive Orders have added handicap, sex, age, and income status to the criteria for which discrimination is prohibited. Furthermore, recipients of federal funding must make environmental justice a part of their agency mission and ensure that individuals are not denied benefits or the opportunity to participate in the public discourse because they have limited English language communication skills. 4. 49 U.S.C. 5332 This section states a person may not be excluded from participating in, denied a benefit of, or discriminated against under, a project, program, or activity receiving financial assistance under this chapter because of their race, color, religion, national origin, sex, disability, or age. 5. Section 1101(b) of the FAST Act –LU (Pub. L. 114-357) and 49 CFR part 26 These sections provide the legal and regulatory framework regarding the involvement of disadvantaged business enterprises in USDOT funded projects.

BEACON FALLS • BETHLEHEM • BRISTOL • CHESHIRE • MIDDLEBURY • NAUGATUCK • OXFORD • PLYMOUTH

PROSPECT • SOUTHBURY • THOMASTON • WATERBURY • WATERTOWN • WOLCOTT • WOODBURY

6. 23 CFR part 230 This section provides regulatory standards for the implementation of an equal employment opportunity program on federal and federal-aid highway construction contracts. 7. The American Disabilities Act (ADA) of 1990 (42 U.S.C. 12101 et seq) This Act, along with the Department of Transportation (DOT) regulations “Transportation for Individuals with disabilities” (49 CFR Part 27, 37, and 38), prohibit discrimination against people with disabilities in employment, transportation, public accommodation, communications, governmental activities, and at commercial facilities. 8. The Older Americans Act, as amended (42 U.S.C 6101) This Act prohibits discrimination on the basis of age in programs or activities receiving federal financial assistance. 9. Section 324 of title 23 U.S.C. This section prohibits discrimination based on gender. 10. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), 49 CFR part 27 This section prohibits discrimination against individuals with disabilities. The NVCOG conducts its federal transportation planning program and process in accordance with these regulation by maintaining and preparing the Metropolitan Transportation Plan (MTP), compiling and updating the metropolitan Transportation Improvement Program (TIP), ensuring its plans, programs and projects adhere and conform to federal air quality regulations and do not cause a violation of the National Ambient Air Quality Standards, and implementing a proactive public involvement process.

Recommendation

MOTION: To endorse the proposed CNVMPO Resolution 2021-17, certifying that the transportation planning process is being conducted in accordance with federal requirements.

RESOLUTION 2021-17

URBAN TRANSPORTATION PLANNING CERTIFICATION CENTRAL NAUGATUCK VALLEY MPO

WHEREAS, the Central Naugatuck Valley MPO (CVNMPO) is required by the Fixing America’s Surface Transportation Act (FAST Act) and related US Department of Transportation regulations to certify that the metropolitan transportation planning process is being carried out in accordance with all US Department of Transportation requirements and regulations and must submit such certification concurrent with the submittal of the entire proposed Transportation Improvement Program to the Federal Highway Administration and Federal Transit Administration as part of the STIP approval.

WHEREAS, the Naugatuck Valley Council of Governments is the designated host agency for the Central Naugatuck Valley MPO and conducts the transportation planning process in accordance with the regulations promulgated by the US Department of Transportation and specified in the FAST Act, by preparing a Unified Planning Work Program, conducting and performing the transportation planning activities contained in the UPWP, preparing, maintaining and amending the endorsed short-range Transportation Improvement Program (TIP), preparing and updating the metropolitan transportation plan (MTP), assessing the air quality impacts of the proposed transportation improvement projects included in the TIP and MTP, and proactively involving the public in the metropolitan transportation planning process.

WHEREAS, the CNVMPO adheres to the principles of non-discrimination on the basis of race, color, creed, national origin, sex, or age in employment or business opportunity, as specified in Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 and the Older Americans Act, and regarding the involvement of disadvantaged business enterprises in USDOT funded projects and the implementation of an equal opportunity program on Federal and Federal-aid highway construction contracts.

NOW, THEREFORE BE IT RESOLVED that the Central Naugatuck Valley MPO, the metropolitan planning organization for the Central Naugatuck metropolitan planning area and the Waterbury urbanized area hereby certifies that the urban transportation planning process has been and is being conducted in accordance with the terms and provisions of the rules and regulations promulgated by the US Department of Transportation under the FAST Act and all applicable provisions relative to public and private providers of mass transportation, civil rights, involvement of minority business enterprises, special efforts for elderly and disabled persons, the Clean Air Act and amendments, 23 USC and 49 USC have been satisfied.

BEACON FALLS • BETHLEHEM • BRISTOL • CHESHIRE • MIDDLEBURY • NAUGATUCK • OXFORD • PLYMOUTH

PROSPECT • SOUTHBURY • THOMASTON • WATERBURY • WATERTOWN • WOLCOTT • WOODBURY

This resolution shall become effective as of May 14, 2021.

Respectfully submitted,

May 14, 2021

Ed Mone, Secretary Date

MINUTES Naugatuck Valley Council of Governments and Central Naugatuck Valley MPO Virtual Video Conference Meeting (with limited in-person attendance) 10 a.m., Friday, April 9, 2021

NVCOG Representatives: David Cassetti, Mayor, Sheila O’Malley, Alternate, Ansonia; Gerry Smith, First Selectman, Beacon Falls; Len Assard, First Selectman, Bethlehem; Jerry Sitko, Alternate, Cheshire; Rich Dziekan, Mayor, Derby; Ed St. John, First Selectman, Middlebury; Pete Hess, Mayor, Naugatuck; George Temple, First Selectman, Oxford; Bob Chatfield, Mayor, Prospect; Annmarie Drugonis, First Selectwoman, Seymour; Mark Lauretti, Mayor, Shelton; Jeff Manville, First Selectman, Southbury; Ed Mone, First Selectman, Thomaston; Judy Mancini, Proxy, Waterbury; Mark Raimo, Town Manager, Watertown; Tom Dunn, Mayor, Wolcott, Barbara Perkinson, First Selectwoman, Woodbury.

Guests/Other: Attorney Ron Shems; John Field, DEMHS Region 5; Jennine Lupo, Congresswoman Jahana Hayes’ office; Sara Radacsi, CTDOT; Hedy Ayers, Samantha LaBonne, Eversource; April Chaplin, Kennedy Center; Lou Mangini, Congresswoman Rosa DeLauro’s office; Ellen Graham, Senator Richard Blumenthal’s office; Representative Cindy Harrison; Ed Davis.

Staff: Rick Dunne, Mark Nielsen, Josh Lecar, Aaron Budris, Joanna Rogalski, Lauren Rizzo, John DiCarlo, Michael Szpryngel, Richard Crowther, Jr., Gabriel Filer, Ricardo Rodriguez, Jeremiah Vargas.

1. Commencement of Meeting (Pledge of Allegiance, Roll Call, Public Comment) Vice Chairman Mark Lauretti called the meeting to order at 10:05 a.m. Those in attendance recited the Pledge of Allegiance and the roll was called. For public comment, Samantha LaBonne said Eversource is hosting its annual emergency response plan meetings for first responders in early May. Additionally, Eversource has kicked off its annual season of giving through community impact grants. Eversource will be reaching out to emergency management directors to review gas critical facilities

2. CNVMPO Meeting (Voting members for these items are limited to the 15 CEOs in the CNVMPO area) a. Approval of Amendments to the 2021-2024 CNVMPO TIP i. Approval of CNVMPO Resolution 2021-11 – Project No. 0153-0125 – Watertown Recreation Trail ii. Approval of CNVMPO Resolution 2021-13 – Project No. 0174-0443 – Traffic Signal Replacement Program

Gabriel Filer said the Watertown project will use Transportation Alternatives Program funds for building a new pedestrian bridge over Steele Brook and improving user experience by connecting two existing greenway segments. The second project will use Surface Transportation Project funds to cover the cost of replacing traffic signals throughout District 4, which encompasses most of the CNVMPO region. On a motion by Ed Mone, seconded by Ed St. John, it was unanimously

VOTED: To approve CNVMPO Resolution 2021-11 and 2021-13.

b. Endorsement of NET Transit Safety Targets and Public Transportation Agency Safety Plan – Mark Nielsen explained that FTA requires MPOs to support and endorse the safety efforts of public transportation agencies, in this case North East Transportation (NET), which serves the greater Waterbury area. CTDOT and NET collaborated in the development of this Public Transportation Agency Safety Plan (PTASP) and NET will implement it. The aim of the PTSAP is to help manage safety risks and prioritize capital investments through performance-based planning. NVCOG reviewed this PTSAP and found it to be consistent with FTA regulations and recommends accepting and supporting the safety performance targets listed within it. On a motion by Ed Mone, seconded by Ed St. John, it was unanimously

VOTED: To adopt CNVMPO Resolution 2021-12 accepting and supporting the Transit Safety Performance Targets as listed in the Public Transportation Agency Safety Plan for North East Transportation Co.

3. NVCOG Administrative Items a. Approval of the Minutes of the March 12, 2021 NVCOG & CNVMPO Meeting – On a motion by Ed Mone, seconded by Rich Dziekan, it was unanimously

VOTED: To approve the minutes of the March 12, 2021 NVCOG and CNVMPO meeting.

b. Approval of Agency Financial Reports and Summaries for the Period Ending 02/28/21 – Michael Szpryngel said the report reflects a deficit of about $21,000. Mr. Szpryngel expects the deficit to be approximately $5,000 when he has completed year-end projections. The reasons for the deficit are that the actual indirect rate has been outperforming the rate that was approved, and NVCOG is not generating as much fringe and overhead reimbursement for the grants that cover additional costs. Items such as software and accounting are showing significantly higher expenses as it becomes time to renew yearly subscriptions and the accounting is finished for the year. The category of Legal is about 82% overbudget, due to activities with Kinneytown Dam. Rick Dunne noted that legal expenses for the Kinneytown Dam were approved and authorized by the Executive Board to come from fund balance if a net accounting deficit is run for the year. On a motion by Ed Mone, seconded by Ed St. John, it was unanimously

VOTED: To approve the financial reports and summaries for the period ending 02/28/21.

c. Director’s Report – Rick Dunne provided staffing updates and introduced Josh Lecar as the newly hired Assistant Director of Planning, and Ed Davis as NVCOG’s virtual CIO who will be handling IT training and network systems. Mr. Davis is a contractor.

Mr. Dunne said CTCOG will be taking up discussion of the distribution of recovery funds that are federally designated as county funds. The state’s plan is to distribute county funds on a per capita basis to the municipalities, but this leaves the nine COGs without a funding source for the coordinating responsibilities to staff and carry out the Governor’s directives. CTCOG would like to see OPM allocate 1% or 2% of the funds to the COGs.

Mr. Dunne said appropriations and earmark request inquiries have been fielded by NVCOG and NVCOG has issued endorsement letters to a number of towns for projects that are being submitted through members of the congressional delegation.

He also said a prospective infrastructure and transportation bill is coming up. NVCOG has a number of long-range identified projects such as the regional wastewater consolidation, TOD improvements on the Waterbury Branch Line, and a CTfastrak extension. While NVCOG is focusing on regional projects, any NVCOG municipality that has a project that would fit the parameters of this future infrastructure bill should submit the projects to NVCOG so they can be assembled and submitted jointly.

Mr. Dunne then moved on to the state legislative agenda. A hot-list of bills was sent to NVCOG members earlier in the week. NVCOG is tracking a number of bills, such as an enterprise zone in Plymouth and the regional economic development pilot program in the Naugatuck Valley. NVCOG has received feedback on the zoning bills and affordable housing bills in the state and is monitoring them Discussion on zoning and affordable housing ensued.

Mr. Dunne said NVCOG is also tracking the cannabis bill from a local and zoning standpoint. George Temple said he is opposed to the bill and Jeff Manville said he thought any tax revenues received from the sale of cannabis should be earmarked for addiction programs. Mr. Dunne said NVCOG staff is happy to carry whatever message the members direct, but as a work product, the agency will stay focused on local impact issues.

Mr. Dunne said a bill approved by the Legislature’s Transportation Committee designates improvements for the for Waterbury Branch Line There is another bill before the Finance, Revenue and Bonding Committee that would allows for the purchase of needed rolling stock. There is strong support for improvements to the line and 30-minute service can be expected starting in 2024 for the morning and evening peaks, with one hour service the rest of the day.

There is a bill in the Planning & Development Committee that finalizes and reforms the rules around Councils of Governments. It will formalize the formula under which COGs are funded by the state. Under this formula, NVCOG may see a slight reduction in funding. Mr. Dunne said he is comfortable with the number and thinks the distribution is fair.

4. Municipal Shared Services John DiCarlo said the first of three annual household hazardous waste events for the 15 participating towns will be held on April 17 in Naugatuck. He also said MIRA held its annual town meeting that included the participation of representatives of dozens of towns throughout the state. The MIRA Hartford facility will be closing in July 2022, which will impact disposal and corresponding costs throughout the state. Several NVCOG CEOs are interested in forming a working group to engage with the legislature to craft a sustainable policy for disposal. Anyone interested in joining should contact Mr. DiCarlo.

5. Emergency Management Update a. COVID-19 Response Update –John Field of DEMHS Region 5 said FEMA mobile vaccine units are now in the state. A unit will be in Waterbury for four days, starting on April 20.

Through Griffin Health, vans will be going out to very specific neighborhoods delivering vaccines on a daily basis. There has been a reduction in testing, most likely due to the number of vaccines being administered. DEMHS continues to work with FEMA and OPM concerning reimbursements for Covid and Tropical Store Isaias. The legislature approved the extension of the governor’s emergency powers to May 20. He noted that some weekly update calls have now been changed to monthly calls.

· Long Term Recovery Update – Joanna Rogalski said Covid cases have been increasing in Region 5. The major need of people who are going through quarantine or recovery from Covid is food security. The need is being met. Arts and culture components hope to reprogram to outdoor venues. A statewide database is needed for finance and philanthropy for all non-profit grant opportunities.

b. Regional Emergency Planning Team Update – Ms. Rogalski said the April 19 meeting has been rescheduled to July 19. Variable message sign inspections took place as planned.

c. Community Emergency Response Team Update – A training day will take place in the form of a half-day virtual event to increase participation. The Naugatuck CERT received a certificate of appreciation from the Western CT Agency on Aging.

6. NVCOG Planning/Transportation a. LOTCIP Update – Mark Nielsen reviewed slides that showed NVCOG’s allocation compared to expenditures. Expected to advance to construction are LOTCIP projects in Thomaston, Waterbury, Oxford, Plymouth, and Prospect. The total value of the projects is $17.9 million. A project in Beacon Falls is being added to the list to address a road closure.

b. Corridor Planning Solicitation – Mr. Nielsen said project proposals had been solicited. The program includes a local match component. Two corridor studies are currently underway. Preliminary proposals for this round of funding are due by the end of April. The Transportation Technical Advisory Committee (TTAC) will review and rank the projects. The board will be asked to endorse the list of projects.

7. Environmental Planning a. Revolving Loan Fund Update – Ricardo Rodriguez said that within the last two weeks NVCOG has awarded slightly over $1M in local brownfields projects. The funds come from NVCOG’s Revolving Loan Fund program income and a 2016 EPA Assessment Grant. Awards went to the City of Waterbury for remedial activities on three sites, the Borough of Naugatuck for clean-up and remedial activities at two sites, and the City of Derby for clean-up, planning and remediation at two sites. EPA’s Davis-Bacon interviews will be required on all projects. Additionally, the Regional Brownfields Partnership committee awarded funds to complete a Phase 3 Environmental Assessment in Derby. In early May, NVCOG expects to hear back from the EPA as to the status of its 2020 Assessment Grant application. A supplemental RLF application request will also be submitted.

b. Composter & Rain Barrel Update – Aaron Budris said Brand Builders, the company NVCOG is working with on this effort, has set up an online store. Residents are invited to purchase

items at the online store and Brand Builders will distribute those items at pick-up events in the region on June 19 in Cheshire and Southbury. c. Kinneytown Dam Update – Aaron Budris said that since the last NVCOG meeting, the Kinneytown coalition partners met with CT DEEP. A strong case was made for CT DEEP to take a more active role in the FERC proceeding. There were also two important FERC docket filings. On March 19 Hydroland Omega LLC assumed ownership, and late last week the Department of Fish and Wildlife Service (FWS) submitted a letter in response to the dam owners March 1 letter, in which the dam owner suggested minor alterations to the dam structure and operations to improve fish passage. FWS refuted Hydroland’s claims that those proposed actions would solve the fish passage issues, and it also declared its intent to conduct an engineering study at the dam. Next steps will be to review CEII dam safety document, once received, and the submission of additional FERC dockets if warranted. Rick Dunne added that support from the congressional offices had been instrumental in FWS involvement.

d. Executive Session – Kinneytown Dam – On a motion by Ed Mone, seconded by Ed St. John, with invitations extended to Attorney Ron Shems, Rick Dunne, Mark Nielsen, Josh Lecar, and Aaron Budris, it was unanimously

VOTED: To enter into Executive Session subject to adjournment.

The Executive Session adjourned at 11:31 a.m.

Respectfully submitted by Lauren Rizzo Administrative Services Coordinator for Ed Mone, Secretary

May 14, 2021 MEMORANDUM: 05142021-FIN-01

To: NVCOG Executive Board Members From: Michael P. Szpryngel, Director of Finance Subject: Financial Report for Period Ending March 31, 2021

Financial Statements

NVCOG Balance Sheet For Period Ending March 31, 2021

ANSONIA • BEACON FALLS • BETHLEHEM • BRISTOL • CHESHIRE • DERBY • MIDDLEBURY • NAUGATUCK • OXFORD • PLYMOUTH

PROSPECT • SEYMOUR • SHELTON • SOUTHBURY • THOMASTON • WATERBURY • WATERTOWN • WOLCOTT • WOODBURY

NVCOG Bank Balances For Period Ending March 31, 2021

NVCOG Deferred Revenue For Period Ending March 31, 2021

NVCOG Profit & Loss | Budget vs. Actual For July 1, 2020 – March 31, 2021

NVCOG Profit & Loss | Schedule 1 G&A Profit & Loss | Schedule 1 G&A For July 1, 2020 –March 31, 2021

Finance Report

NVCOG is 9 months through Fiscal Year 2020 – 75%

 Bottom Line: ($66K) . Expenses . Actual Indirect Rate Out-Performing Approved Rate . Software – Yearly Subscription Renewals & Modernization . Accounting – Fully Expended for the Year . Legal – 189% Over Budget | Kinney Town Damn

Notes to Financial Statements

Balance Sheet

[1] There is a difference in the cash balances from the bank statements and the cash balance from the Balance Sheet due to checks to vendors that have not been cashed.

[2] Net Position is adjusted to reflect Expenses incurred but pending approval from project managers. Once approved, revenue will be reflected on Balance Sheet.

Budget to Actual

[1] RSG - "No Cost" Extension for Wastewater Project & Oxford Main Study

[2] Formerly Labeled "Municipal Shared Planner"; Combination of Municipal Shared Planner and Shared Building Inspector

[3] Not in Adopted Budget

[4] Smaller projects not covered in Adopted Budget

Schedule 1 G&A

[1] Previously "IT Maintenance Agreement"; includes the maintenance agreement and additional computer maintenance

[2] Will be opening an FTA grant for a Facility Assessment of the Derby Train Station; this will move all or part of the cost to direct pass through

[3] Unemployment not previously in budget

[4] Not previously in budget; People's Bank is adding fees to our account, will shop around for a new bank with no fees

[5] N/A

STATE OF CONNECTICUT

OFFICE OF POLICY AND MANAGEMENT

TO: Chief Financial Officer, Treasurer, and Chair Boards of Finance

FROM: Kimberly Kennison Kimberly Kennison Executive Financial Officer

DATE: April 26, 2021

SUBJECT: Appointment of Auditor Notification/Electronic Filing of Reports for Audited Agencies

Connecticut General Statutes (C.G.S. 7-396 and 4-232) require the appointing authority of any audited agency to annually file with the Secretary of the Office of Policy and Management (OPM) the name of the independent auditor designated to conduct the annual audit of its accounts. The notification must be made at least thirty days prior to the end of the fiscal period for which the audit is required.

Our records indicate that your current fiscal year will end on June 30, 2021. Please complete the enclosed appointment of auditor notification form and furnish it to our office by June 1, 2021. Please note that this appointment notification to OPM must be made regardless of whether you have retained the same audit firm as in the past.

Audit reports are due no later than 6 months subsequent to the entity’s fiscal year end unless an extension of time for submittal of the report has been granted. In addition to filing hardcopies of the audit reports with OPM, the reports are also required to be filed electronically on OPM’s electronic audit reporting system (EARS) by your entity’s independent auditor. Filing the reports electronically in this manner eliminates the need to transmit hardcopies of the reports to multiple state agencies.

Audited agencies issuing a Request For Proposal (RFP) for audit services should, in accordance with Government Auditing Standards (Yellow Book), request a copy of the latest results of the proposer’s external quality control review. It is the responsibility of the audit firm to furnish this review with its proposal. A sample RFP for auditing services, the appointment of auditor notification form, other frequently requested documents and the link to filing the audit report electronically can be found on the OPM website at the following link: Audit Forms

The Executive Board of the Government Finance Officers Association (GFOA) has issued a number of best practices which may be useful in the independent auditor selection process and in ensuring that the audit is completed in a timely manner, including best practices pertaining to audit procurement, the establishment of audit committees, and improving the timely issuance of financial reports. These GFOA best practices can be found on the GFOA web site at http://www.gfoa.org/best-practices.

You may contact Michael Reis at [email protected] or Morgan Rice at [email protected] if you have any questions. Thank you for your attention to this matter.

Encl. cc: Audited Agency Chief Executive Officer (w/out encl.) Independent Auditing Firms (w/out encl.) APPOINTMENT OF AUDITOR ANNUAL NOTIFICATION

TO: Municipal Finance Services Complete this fillable form and return by e-mail attachment to the Office of Policy and Management e-mail address below. For questions on this form please contact us 450 Capitol Avenue, MS#54MFS at the telephone number indicated below. Hartford, CT 06106-1379

E-Mail: [email protected] Telephone: (860) 418-6400

FROM: Entity Name:

Entity Address:

Federal Employer Identification Number (FEIN): Chief Fiscal Officer (Municipal): Executive Director (Nonprofit): Telephone (with area code): Email Address: Chair, Board of Directors (Nonprofit): Telephone Number of Bd. Chairman:

The following information is furnished in compliance with CT General Statutes 7-396 and/or 4-232:

1. Independent Accountant or Accounting Firm Performing the Audit: Firm Name: Firm Address:

State of CT Board of Accountancy CPA Firm Permit: Audit Firm Federal Employer Identification Number: Contact Person & Title: Telephone (with area code): Email Address: 2. Fiscal Period of Audit: From: To: (beginning of fiscal year) (end of fiscal year)

3. Appointment Date of Auditor: 4. Name/Title of Appointing Authority:

Note: C.G.S. 7-396 and 4-232 require this form to be submitted on an annual basis no later than 30 days prior to the fiscal year end of the entity to be audited. This form will not be accepted without a complete and accurate federal employer identification number of the entity and its auditor. 4/22/19

Memorandum: 05052021KD To: NVCOG CEOs From: Aaron Budris, Senior Regional Planner Kinneytown Dam Fish Passage Issues & FERC Docket Briefing Memo

Updated May 5, 2021 - New Information Highlighted

KINNEYTOWN DAM BACKGROUND

Kinneytown Dam is a hydroelectric facility located in Seymour, CT on the Naugatuck River. It was recently owned by ENEL, a large multinational energy company based in Italy. However, it was recently sold to Hydroland Omega LLC. The facility was designed to produce electricity by driving turbines in two powerhouses. The Seymour powerhouse is adjacent to the dam. The Ansonia powerhouse is located approximately one mile south, and it used a canal and reservoir to deliver water to power it.

The two plants are rated for 2.3mW total energy production (1.5mW at the Seymour plant, .8mW at the Ansonia plant). The Ansonia plant has not operated since at least 2013, apparently due to a fire. The Seymour Plant was also not operational as of Spring 2021, awaiting a replacement part. To our knowledge and understanding from persons associated with operations at the facility, the Seymour plant is understood to generate less than 1 mW on an average basis when operational.

As a power generating facility, Kinneytown Dam is regulated by the Federal Energy Regulatory Commission (FERC). The facility was granted an exemption from licensing in 1983. That license exemption is subject to several conditions, including that the facility operator, Kinneytown Hydro Company, Inc. (KHC), operate both powerhouses, and provide safe, timely and effective fish passage at the dam, although fish passage efforts were not immediately implemented in 1983.

MIGRATORY FISH RESTORATION IN THE NAUGATUCK RIVER

In 1996, the Connecticut Department of Environmental Protection released and began implementing a plan to return migratory fish to the Naugatuck by removing obstacles to fish passage.

Between 1999 and 2004, The Anaconda Dam, Freight Street Dam, Chase Brass Dam and Platts Mill Dam in Waterbury and the Union City Dam in Naugatuck were removed.

Designs for a fish ladder at Kinneytown Dam were developed by FWS and KHC beginning in 1995, with input from DEEP. A fish ladder was constructed in 1998 and began operating in 1999 at Kinneytown Dam, adjacent to the Seymour power plant to provide the fish passage required by the FERC License exemption. Study by DEEP shortly after the ladder opened revealed that the effectiveness of fish

ANSONIA • BEACON FALLS • BETHLEHEM • BRISTOL • CHESHIRE • DERBY • MIDDLEBURY • NAUGATUCK • OXFORD • PLYMOUTH

PROSPECT • SEYMOUR • SHELTON • SOUTHBURY • THOMASTON • WATERBURY • WATERTOWN • WOLCOTT • WOODBURY

passage was greatly reduced during certain flow conditions, namely when water was spilling over the spillway, causing false attraction to the dam and away from the entrance to the fish ladder.

Specifically, the study indicated that fish passage is significantly impaired when flow reaches 500 cfs, and is completely ineffective at 1000 cfs. A review of flow data since the construction of the fish ladder shows that flows exceed 500 cfs for more than 50% of the fish run season. Therefore, even when the fish ladder was operating as designed, fish passage was modest, and possibly ineffective in supporting the restoration potential of the fish run. This issue was then aggravated with the closure of the Ansonia Unit, which eliminated the diversion of flows through the canal resulting in even more overtopping and false attraction events. When the Ansonia Unit closed, fish passage virtually ceased.

In 2014, a $6.3 million fish bypass channel was constructed at the Tingue dam in Seymour. The dam could not be removed without endangering supports for the adjacent Route 8, so the fish bypass channel was developed to mimic a natural streambed, providing a route for fish around and past the dam. The opening of the Tingue Dam Bypass Channel should have provided access for migratory fish to the Naugatuck River and tributaries north to the Plume and Atwood Dam in Thomaston.

CURRENT ISSUE & FERC DOCKET REGARDING FISH PASSAGE AT KINNEYTOWN DAM

The Kinneytown Dam fish ladder is not currently functioning properly, and migratory fish are largely being prevented from accessing the restored habitat upstream.

While there was some modest fish passage in the years after the fish ladder was opened, fish passage since 2013 has been virtually non-existent. In a letter to FERC dated September 29th, 2020, the US Fish and Wildlife Service (FWS) provided documentation of a substantial decrease in fish passage after 2013.

In that letter, FWS explains that the Ansonia Powerhouse has not operated since 2013, causing the dam to spill more frequently, attracting fish to the base of the dam, and limiting the ladder's effectiveness. Concerns about damaged wooden flashboards not being replaced in a timely manner and causing excess spillage at the dam were also raised.

With the FWS Letter, FERC opened a new docket, P-06985-005.

The Kinneytown Coalition formed in the fall of 2020, consisting of concerned organizations working to restore fish passage in the Naugatuck River. It currently includes NVCOG, STS, NRRG, Rivers Alliance, and Housatonic Valley Association. Save the Sound created a Kinneytown Dam Webpage.

NVCOG developed a webpage on the NVCOG website that includes an interactive storymap which walks users through the issues at Kinneytown Dam using maps, images and illustrations.

That both powerhouses operate is a condition of KHC's permit exemption. The Ansonia Powerhouse, however, is in a severe state of disrepair, and would require substantial investment to bring back online. In a letter to KHC on October 9th, 2020, FERC discussed the concerns raised by FWS about the lack of effective fish passage at the facility and requested information about KHC's plans to rehabilitate or decommission the Ansonia powerhouse.

Save the Sound (STS) and the Naugatuck River Revival Group (NRRG) submitted a letter on October 20th, 2020 to the FERC Docket, expressing concerns and indicating that they would be introducing evidence

regarding the current issue of fish passage at the dam, including documentation of large numbers of fish unable to pass the dam and the physical condition of the dam itself.

NVCOG submitted a letter on October 27th, 2020 expressing regional concerns.

ENEL responded by letter on November 9th, 2020, explaining that they did not intend to decommission the unit, but were looking for funding that would make rehabilitation cost effective. As a remedy to the lack of fish passage, they instead proposed spilling water at the Ansonia powerhouse to reduce spillage at the dam during high flows.

According to DEEP and FWS, both agencies had worked with ENEL in the years prior to the FWS letter to FERC, attempting to remedy the fish passage issues. ENEL continually requested more time to investigate, and discussed potential fixes, but never made any effort to implement any solutions.

On November 30th, 2020, Save the Sound and the Naugatuck River Revival Group submitted a second letter to the FERC along with documentary evidence of the long-standing lack of fish passage at Kinneytown Dam. The submission included observation logs about conditions at the dam recorded by Kevin Zak (HERE and HERE); an affidavit by John Waldman, Professor of Biology, Queens College, SUNY; an affidavit by William Lucey, Long Island Soundkeeper; comments by Naugatuck River users; and CT DEEP fish counts at Kinneytown Dam. The main points presented in the letter are that:

1. The potential of restored Naugatuck river fish runs has not been realized because of ineffective passage at the Kinneytown dam. 2. For years, the exemptee (dam operator) has been out of compliance with its license exemption requirements. 3. FERC must require performance-based standards for safe, timely, and effective fish passage and post-installation effectiveness testing (for whatever potential solution is implemented).

On December 4th, an op-ed by John Waldman ran in Hearst Media newspapers and online.

On December 10th, Save the Sound published a blog post detailing issues at the dam.

In December, NVCOG retained attorney Ron Shems, who has considerable experience with the FERC and issues concerning hydroelectric dams, to advise NVCOG on the matter going forward. NVCOG submitted a second letter to the FERC docket on December 16th, 2020 reacting to recent Docket items and requesting time for NVCOG to receive, review, and respond to dam safety information before FERC issues a ruling.

Senator Blumenthal held a press event on December 28th at the dam where he said that he was going to take an active role with FERC in the restoration of fish passage at the dam.

NVCOG Staff met with Mason Trumble, DEEP Deputy Commissioner of Environmental Conservation and Rick Jacobson, DEEP Bureau Chief of Natural Resources on January 7th to discuss DEEP’s role in oversight of fish passage in the past and going forward. DEEP authority is co-extensive with FWS.

In comments filed on January 12, 2021, the FWS further documented the neglect, the difficulty, if not impossibility of repairs to passage facilities, and the owners’ continuing failure to meet the environmental and other conditions of its exemption. The owner has neglected to follow-through with

any attempts by FERC, FWS, or DEEP to remedy the passage issues worsened by the Ansonia Unit shutdown.

NVCOG and Kinneytown Coalition members met with FWS and federal delegation staff on January 13th to discuss FWS next steps.

On February 16th, 2021 FERC submitted a letter to the docket asking why Enel had not responded to hazard potential classification internal review inquiries made on November 2nd within the requisite 60 days. In addition, FERC asked for a response to a request made in July 2019 regarding the deteriorating downstream face of the dam and the dam owner’s plans to repair it. FERC gave 30 days for a response.

Hydroland, responding as the dam owner, submitted a letter and map on March 1, 2021 suggesting changes to operations to address false attraction issues. Coalition partners strongly believe that the solutions proposed by Hydroland are woefully inadequate and will not likely substantially improve fish passage.

On March 19, 2021, Hydroland Omega filed a Notice of Ownership Change with FERC, confirming that they have purchased the facility from Enel Green Power America

NVCOG met with DEEP Commissioner Katie Dykes and DEEP Fisheries staff on March 23rd requesting that the agency take a more active role in the FERC proceeding. Actions that DEEP could and should take were discussed, and are summarized in this memo that was sent to DEEP following the meeting.

In response to Hydroland Omega’s filing, US FWS filed a letter and attachments (here and here) on April 2, 2021 explaining that the solutions proposed by Hydroland would not solve the underlying issues limiting fish passage at the facility, and proposing an engineering study and timeline to develop and implement long term solutions.

FERC sent a letter to the dam owner on April 15th, summarizing filings to date, including concerns of the NVCOG and coalition partners, and endorsing the slate of actions and timeline presented in the March 19th FWS letter. Specifically, the letter directed the dam owner to:

• Return Unit 1 (Seymour) to service by April 15, 2021 • Install flashboards to elevation 54.8 feet by April 15, 2021 • Implement interim stranding prevention measures in the bypass reach during the 2021 passage season (starting by April 15th, 2021) • Insert/remove upper baffles in ladder based on flashboard status April 15 through June 30, annually • FWS conducts a comprehensive field investigation of the project fish passage facilities and features including the bypass reach – No later than May 15, 2021 • Develop a plan to implement interim and long-term solutions to improve fish passage effectiveness at the Project based on a technical memorandum developed by FWS engineers by December 31, 2021. • Implement long-term solutions pursuant to a schedule supported by FWS and CT DEEP.

CT DEEP filed a letter on April 26th discussing the importance of the actions and schedule set forth by FERC in the April 15th letter as an important step to compel the dam owner to restore “full, unfettered fish passage by December 2022.” The letter also explains that if long term solutions do not result in “full,

unfettered upstream and downstream passage of diadromous fish at efficiencies equal or greater than the standards set by USFWS…no later than February, 2022”, then CT DEEP “intends to file a motion for revocation of the exemption currently held by Hydroland, Inc.”

CONCERNS OF NOTE

While reducing false attraction to the dam may help restore fish passage to pre-2013 levels, those levels were never very high. The Connecticut Department of Energy and Environmental Protection estimates that a free-flowing Naugatuck could support annual runs of 10,000 shad and 30,000 river herring. Even prior to 2013 when the ladder was operating as designed, only a handful of fish were making it past Kinneytown annually. NRRG has conducted investigations below the dam for the last several years and has documented large numbers of fish of many species below the dam that are not using the fish ladder. NRRG Presented a video at the November 13th NVCOG meeting clearly showing that there is strong demand for passage.

Comparing counts of fish passing the dam currently with counts of fish passing the dam when the fish ladder was reportedly functioning as designed prior to 2013, as the table in the FWS Letter to FERC does, fails to consider those fish currently being prevented from passing the dam. Thorough effectiveness testing is crucial following any potential fix to understand what percentage of the overall current population of fish is passing. Fish counts from Kinneytown prior to 2013 cannot be used as a baseline.

Concerns have been raised about the original design of the fish ladder. A fish ladder is most effective when the ladder is straight and short. The Kinneytown Dam's ladder is the opposite. Fish entering it must swim through about 5 chambers towards the dam, then make an abrupt turn for another 10 chambers in the downstream direction, then another sharp turn in the upstream direction and then up through approximately 75 more chambers. These factors could limit the potential effectiveness of fish passage even under ideal conditions.

Investigation into fish passage at Kinneytown Dam has also raised concerns about the general condition of the facility. The dam has large cracks throughout, exposing rebar, with water freely flowing through leaks in the downstream face of the dam. Recent development along the river downstream, including recreational development of O’Sullivan’s Island and the Naugatuck River Greenway Trail presents additional risk to life and property should the dam fail.

The complete abandonment of the diversion channel and the Ansonia plant is a real concern. The plant is open to the elements, has been vandalized, and is a clear hazard to the public who apparently enter the site from the adjacent neighborhood. As recently as September the canal was filled with trash. This demonstrates the total lack of attention or investment in this facility by KHC that is not only dangerous to aquatic resources, but to the neighboring and downstream public as well.

The Naugatuck River is a very important resource to Naugatuck Valley communities. Local officials believe that a fully restored river, including the recreational and sport fishing that will result, constitute a key goal in supporting environmental quality and recreational development in this region. River municipalities have worked tirelessly to create opportunities for people to interact with and enjoy the River, including through a coordinated effort to improve access with the continued development of the

Naugatuck River Greenway. Those efforts have been made possible by the dramatic improvement in water quality and wildlife habitat that past restoration work has won. The ultimate success of those and future efforts will rely on continued improvement, including the return of migratory fish.

RECENT NVCOG ACTIONS

Staff updated the interactive storymap to reflect recent events and Docket filings.

NVCOG staff has continued to brief federal delegation staff, working with coalition partners to develop an outline of actions that the US Fish and Wildlife Service should take under the FERC docket process to restore fish passage at Kinneytown Dam. That outline was shared with delegation staff, and the delegation subsequently sent a letter to FWS on March 10, 2021.

NVCOG formally requested Critical Energy/Electric Infrastructure Information (CEII) regarding dam safety at Kinneytown Dam in December 2020. NVCOG was notified by FERC on May 4, 2021 that permission to access that confidential dam safety information has been granted. Staff will be reviewing those documents as they are made available.

On behalf of all members, NVCOG submitted a letter to DEEP Commissioner and Deputy Commissioner on February 4, 2021 requesting that DEEP take an active role in the FERC Docket proceedings. NVCOG met with DEEP Commissioner Katie Dykes and DEEP Fisheries staff on March 23rd requesting that the agency take a more active role in the FERC proceeding. Actions that DEEP could and should take were discussed, and are summarized in this memo that was sent to DEEP following the meeting.

NVCOG Staff and CEOs met with CT DEEP Commissioner Katie Dykes and DEEP staff on May 4, 2021 to discuss DEEP’s April 26th letter to FERC, and the agency’s intended next steps. DEEP staff plans to be on site at the dam with staff from the USFWS and the dam operators on May 7th, 2021 to begin the comprehensive field investigation of the project fish passage facilities as directed by FERC. It was requested that NVCOG have a seat at the table during discussions with Hydroland. DEEP indicated that they would keep an open line of communication with NVCOG and coalition partners as the field investigation progresses and as any discussions with Hydroland take place.

NEXT STEPS

NVCOG will continue to work with Attorney Shems, coalition partners and agencies to ensure that FERC enforces conditions of the permit exemption, including that safe, timely and effective fish passage is implemented at Kinneytown Dam.

Staff will work with Atty. Shems on responses to the current and any future FERC docket items, and to review the newly released CEII information with attorney Shems and prepare additional comments to submit to the FERC Docket if warranted.

NVCOG will continue to meet in executive session to discuss legal strategy and other actions that we may wish to undertake. Those discussions are privileged and non-public until such time as we may wish to take a specific action regarding the docket or resource agencies. Currently we are considering next step actions considering the confirmed change in ownership, Hydroland’s lack of response to our direct entreaties to

facilitate discussion and the owner’s long-standing and egregious violation of the FERC exemption. We are considering options two work with our partners and resource agencies within the current FERC docket or undertake other options that would involve filing new actions or inquiries with regulators.

NVCOG staff will advise the board regarding direct actions it may take with the FERC at the appropriate time.

May 14, 2021

MEMORANDUM: 05142021-LOTCIP-New Project

To: NVCOG Members and Alternates From: Mark Nielsen, Director of Planning Subject: Local Transportation Capital Improvement Program (LOTCIP) Project Proposals

The state legislature created the Local Transportation Capital Improvement Program (LOTCIP) to provide state funds to planning regions to solicit project proposals from their member municipalities, review applications, and support project design. In addition, each RPO is responsible for developing its own guidelines for implementing and operating the program. The NVCOG maintains a rolling solicitation for projects and a financial plan to ensure a constrained program. It is the practice of the NVCOG to over-program LOTCIP projects to ensure maximum allocation of funds and be prepared in the event of project delays. Staff works with the project sponsor and design team to ensure the project meets regional and CTDOT eligibility requirements for this program. Once a project is endorsed by the NVCOG Board, the project sponsors must complete the CTDOT- required application. The state application includes a more detailed description of the project, concept drawings, itemized cost estimates and documentation of an initial public involvement. The applications are submitted to the NVCOG for review and submittal to CTDOT.

Project: Derby – Route 34/Main Street Reconstruction The CTDOT, NVCOG and the City of Derby have been working on Route 34 reconstruction project since 2009. The project will widen Route 34 from two travel lanes to four. Left turn lanes will be provided at key intersection. Various complete streets elements have been incorporated into the design, including a raised median, curb extensions, dedicated on-street parking lanes on both sides of the street, use of porous pavers to help mitigate storm water runoff, decorative lighting, and landscaping. In addition, Elizabeth Street and Minerva Street will be rehabilitated and converted to one-way flow. The current schedule indicates the design will be completed in July 2021 with project advertising in August. Because of the complexities of the project and the condition and age of underground utilities within the project area, the construction costs have escalated since project initiation. The CTDOT has requested the NVCOG and City determine ways to contain the costs and participate in the project. Because Route 34 serves as the City’s “Main Street,” various streetscape elements were included the project design and agreed to by CTDOT. Therefore, it is not reasonable to eliminate these elements from the project. Furthermore, the City contributed to the project by donating city-owned land, thereby, reducing the cost to acquire the right-of-way for the project.

ANSONIA • BEACON FALLS • BETHLEHEM • BRISTOL • CHESHIRE • DERBY • MIDDLEBURY • NAUGATUCK • OXFORD • PLYMOUTH

PROSPECT • SEYMOUR • SHELTON • SOUTHBURY • THOMASTON • WATERBURY • WATERTOWN • WOLCOTT • WOODBURY

To assist in fully funding the project, the NVCOG and City of Derby are requesting the allocation of LOTCIP funds to supplement the federal and state funds committed to the project. The amount of the request of LOTCIP funds is based on the estimated costs to improve the Elizabeth Street and Minerva Street. The current estimate to improve Elizabeth and Minerva Streets is $3 million.

Staff Recommendation The proposed allocation of LOTCIP funds to support the Route 34 project was added to the LOTCIP financial plan to determine the impact on current program funding and project schedules. Based on anticipated funding, the allocation can be accommodated in the NVCOG LOTCIP financial plan without causing a change in any current project schedule and the fiscally constrained program can be maintained. NVCOG staff recommends endorsement by the NVCOG Board.

Motion To endorse NVCOG Resolution 2021-17 committing regionally apportioned LOTCIP funds to the Route 34 reconstruction project in the City of Derby.

RESOLUTION 2021-17

LOTCIP ALLOCATE NVCOG ATTRIBUTABLE FUNDS FOR ROUTE 34 RECONSTRUCTION LOCAL ROAD ELEMENTS, DERBY

I certify that the following is a true copy of the vote of the Naugatuck Valley Council of Governments at its virtual meeting on May 14, 2021, at which a quorum was present.

WHEREAS, The NVCOG is responsible for selecting and distributing funds to member municipalities under the Local Transportation Capital Improvement Program (“Program”).

BE IT RESOLVED, that the NVCOG approves the allocation of $3,000,000 in Program funds attributable to the Naugatuck Valley planning region to supplement funding for the Route 34/Main Street Reconstruction project, designated as State Project No. 0036-0184, as described and modified in Memorandum 05142024-LOTCIP-New Project.

Dated at Waterbury , Connecticut, on May 14 , 2021

Agency: Naugatuck Valley Council of Governments

Signed Ed Mone, Secretary

ANSONIA • BEACON FALLS • BETHLEHEM • BRISTOL • CHESHIRE • DERBY • MIDDLEBURY • NAUGATUCK • OXFORD • PLYMOUTH

PROSPECT • SEYMOUR • SHELTON • SOUTHBURY • THOMASTON • WATERBURY • WATERTOWN • WOLCOTT • WOODBURY

May 14, 2021

MEMORANDUM: 05142021-Planning Studies

To: NVCOG Board From: Mark C. Nielsen, Regional Transportation Engineer Subject: Regional Transportation Corridor Planning Studies Solicitation

The NVCOG solicited proposals from regional communities for transportation corridor planning studies. Proposals were submitted by the City of Ansonia and Town of Woodbury. Funding to conduct the corridor studies is being provided by the CTDOT from the Federal Surface Transportation Urban Block Grant Program. Studies along state roads will be funded with 80% federal funds, 10% state funds, and require a 10% local match. Studies along local roads will be funded with 80% federal funds and require a 20% local match. The CTDOT recommended that the minimum request for funding be $150,000 ($120,000 federal). The proposals submitted by both communities included a commitment to provide the required non-federal share.

The two proposals are:

Ansonia – Planning and Preliminary Environmental Assessment of the Proposed Relocation of Route 334

The City of Ansonia is requesting funding to conduct a planning and preliminary engineering study to identify preferred concepts to provide more direct access between Route 8 and the downtown area. The planning study will also develop some initial environmental assessment for the preferred alternative. The purpose of the project is to determine the critical infrastructure improvements necessary to provide highway access to a dormant 116.5-acre industrial complex in the heart of Ansonia’s downtown. Planning and design activities for Riverside Drive will also provide for extension of Ansonia’s Riverwalk Greenway to the Town of Seymour border. The multi-use trail is part of the Naugatuck River Greenway (NRG), an officially designated Connecticut State Greenway, and part of the Federal Transportation Greenway System.

Woodbury – US Route 6 Safety Assessment

US Route 6 is Woodbury’s primary north-south arterial, connecting Woodbury to the Town of Southbury and Interstate 84, to the South, and to the Town of Watertown and CT Route 8 to the North. Route 6 also connects to State Route 64, which provides an alternate connector to Route I-84 to the East, through Middlebury, and to State Routes 317, 47 and 61, which lead west and north to Roxbury, Washington, and Bethlehem, respectively. Route 6 also serves as Woodbury’s Main Street, running through both of Woodbury’s historic districts, one of which is

ANSONIA • BEACON FALLS • BETHLEHEM • BRISTOL • CHESHIRE • DERBY • MIDDLEBURY • NAUGATUCK • OXFORD • PLYMOUTH

PROSPECT • SEYMOUR • SHELTON • SOUTHBURY • THOMASTON • WATERBURY • WATERTOWN • WOLCOTT • WOODBURY also the heart of the town. This central area sees significant pedestrian use, while stretches north and south of the town center see more bicycle traffic. The project will study how to ameliorate persistent safety concerns and reduce conflicts among automobiles (including trucks and farm equipment), pedestrians and cyclists in a manner that is in keeping with the Town’s historic character and how to improve connectivity to local schools and parks that are in close proximity to Route 6.

Recommendation:

Motion: To adopt Resolution 2021-18 endorsing the corridor planning study proposals submitted by the City of Ansonia and Town of Woodbury and authorize NVCOG to submit the applications from both communities to the CTDOT for consideration of funding.

RESOLUTION 2021-18

ENDORSEMENT CORRIDOR PLANING STUDIES

I certify that the following is a true copy of the vote of the Naugatuck Valley Council of Governments at its virtual meeting on May 14, 2021, at which a quorum was present.

WHEREAS, the Connecticut Department of Transportation requested the submittal of corridor planning studies from the NVCOG for consideration of funding under the federal Surface Transportation Block Grant program. The CTDOT is responsible for selecting projects.

WHEREAS, the NVCOG notified member municipalities about the opportunity to conduct corridor planning studies and requested members to provide project proposals.

WHEREAS, the NVCOG received project proposals from the City of Ansonia and Town of Woodbury, and determined both projects meet the purpose and needs as identified in the program solicitation and would be eligible for funding under the program.

WHEREAS, the City of Ansonia and Town of Woodbury have committed to providing the requisite non-federal share of project costs.

NOW, THEREFORE BE IT RESOLVED, that the NVCOG endorses the proposed corridor planning studies, as presented and described in the memorandum attached to this resolution, and authorizes staff to submit the applications to CTDOT for consideration.

Dated at Waterbury , Connecticut, on May 14 , 2021

Agency: Naugatuck Valley Council of Governments

Signed Ed Mone, Secretary

ANSONIA • BEACON FALLS • BETHLEHEM • BRISTOL • CHESHIRE • DERBY • MIDDLEBURY • NAUGATUCK • OXFORD • PLYMOUTH

PROSPECT • SEYMOUR • SHELTON • SOUTHBURY • THOMASTON • WATERBURY • WATERTOWN • WOLCOTT • WOODBURY