Fairfield Avoids FEMA 'CRS Retrograde' With Penfield Pavilion Plans

FAIRFIELD, CT — With Fairfield able "to demonstrate evidence of progress towards compliance at Penfield Pavilion," the Federal Emergency Management Agency has suspended placing the town in Community Rating System Retrograde, First Selectwoman Brenda Kupchick announced.

FEMA made the decision in a letter to Kupchick on Thursday; the First Selectwoman had sent a letter requesting reconsideration of the retrograde on Tuesday. See FEMA's letter below.

"This is very welcome news," Kupchick said in a statement. "I was relieved last Thursday the [Representative Town Meeting] voted in concurrence with the Board of Selectmen and Board of Finance in supporting the proposal to repair Penfield Pavilion and remediate the contaminated soil under the building. I knew it wouldn't be easy to get all three boards to vote in the short time frame FEMA gave us, but I am grateful for the elected officials who voted in favor to support moving this project forward and avoid the negative consequences."

As part of the ongoing Fairfield fill pile illegal dumping case, contaminated fill was placed under the beach pavilion, and grade beams were installed incorrectly when the facility was rebuilt following Super Storm Sandy.

Fairfield is under FEMA orders to rectify the problems, or the town could have lost the 10 percent discount that residents pay under the National Flood Insurance Program, as part of the CRS Retrograde.

The soil remediation and pavilion repairs are estimated to cost $11.6 million, $10.6 million from the town, and $1 million from the federal American Rescue Plan Act.

"Spending Town resources on this project is certainly not something to celebrate, but I am grateful we won't be losing this beautiful asset and landmark enjoyed by so many in our community," Kupchick said. "Residents and elected officials alike are all clearly frustrated that we
have to spend hard-earned tax dollars to fix a manufactured problem that we inherited, in order to comply with federal and state regulatory agencies. Leadership means making difficult decisions and proposing solutions, sometimes in the face of controversy."

Fairfield was supported in its efforts to avoid the retrograde with a letter signed by Congressman Jim Himes, and Senators Richard Blumenthal and Chris Murphy.

"I want to thank Congressman Himes and his staff for taking quick action and assisting my
administration in facilitating discussions with FEMA, as well as the entire federal delegation for
sending a letter supporting our request for reconsideration."

Kupchick added, "I know I join many of our residents in looking forward to putting this unfortunate chapter behind us."

Below is the full letter from FEMA:

March 30, 2023

Brenda L. Kupchick
First Selectwoman
Town of Fairfield
725 Old Post Road
Fairfield, CT 06827

Re: Fairfield, CT Community Rating System Letter of Reconsideration

Dear Ms. Kupchick:

Thank you for submitting the Community Rating System (CRS) Letter of Reconsideration, as
well as for the supporting documentation demonstrating progress towards compliance at Penfield
Pavilion, which is in violation of 44 CFR § 60.3(e)4 and 44 CFR § 60.3(e)5.

Our office has reviewed the letter and documentation submitted on March 28, 2023 and has
made the decision to suspend the CRS retrograde and other potential enforcement actions for the
Town of Fairfield, as the community has been able to demonstrate evidence of progress towards
compliance, including obtaining all necessary approvals for funding and providing a project
schedule for completion. Our office will reconsider this decision if progress towards compliance
stalls during the project schedule.

Please be advised, each year, a CRS community must recertify that it is continuing to meet the
prerequisites for its class and to implement the activities for which it has earned credit. As part of
this process, the Insurance Services Office (ISO) Specialist sends the community a list of its credited activities, and it is the community’s responsibility to respond by the deadline provided
with its annual recertification package. The community must note whether it is still implementing each item on the list. As noted in the credit documentation sections, some activities have additional requirements that must be submitted with the annual recertification.

These are also noted on the list that is sent to the community. A community that fails to recertify
will retrograde to a class 10.

Communities participating in the Community Rating System for the State of Connecticut are required to submit this documentation to ISO by February 1st each calendar year. The Town of
Fairfield has completed its requirements for this year’s annual recertification. Your next recertification will be due by February 1, 2024.

Our office is committed to working with you and your staff on bringing Penfield Pavilion into
compliance. We will reach out to Mr. Bremer to coordinate a status call, late May; however, in the meantime, if you have any questions or needs, please contact me at Melissa.Surette@fema.dhs.gov or 617-794-0292.

Thank you again for providing our office with the CRS Letter of Reconsideration and supporting
documentation, and for your commitment to the National Flood Insurance Program and Community Rating System requirements.

Sincerely,

Melissa A. Surette, LP. D, MSEM, CEM
Floodplain Management and Insurance Branch Chief
FEMA Region I