HomeMy WebLinkAbout2012-12-26 13-048 ORDER COUNCIL ACTION
Item No. 13-048
Date: December 26, 2012
Item/Subject: Order, Approving and Adopting Title VI Environmental Justice Non-
Discrimination Plan for Community Connector Public Transit Service.
Responsible Department: Executive
Commentary:
This Order would approve and adopt a Non-Discrimination Plan for the Community Connector
transit system. This Plan is required by the Federal Transportation Administration (FTA) for
entities that are direct recipients of federal funds. The Maine State Department of Transportation
previously received these funds as a direct recipient, and distributed them to sub-recipients
including the Community Connector. Effective January 1, 2013, the State is no longer
performing this function and the Community Connector will receive these funds as a newly
identified direct recipient. As such, the City is now required to adopt a Non-Discrimination Plan
and submit to the FTA for approval.
The Governmental Operations Committee reviewed and recommended approval and adoption of
the Plan to the City Council at its December 17, 2012 meeting.
Department Head
Manager's Comments:
Recommend Approval
7114 NI Lakt9.-
City Manager
Associated Information: Order, Non-Discrimination Plan
Budget Approval:
Finance Director
Legal Approval: 7ficci
City Solicitor
Introduced for
X Passage (Consent Agenda)
First Reading Page_of
Referral
13-048
DECEMBER 26,2012
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(TITLE.) ORDER, Approving and Adopting Title VI Environmental Justice Non-Discrimination
Plan for Community Connector Public Transit Service.
WHEREAS, the City of Bangor operates Community Connector serving six communities and the
University of Maine; and
WHEREAS, federal funding to assist with operational and capital costs was previously
administered through the State of Maine's Department of Transportation; and
WHEREAS, effective January 1, 2013 federal funding will be received and administered by
Community Connector as a newly identified Direct Recipient; and
WHEREAS, all Direct Recipients of Federal Transportation Administration (FTA) funding must
approve and adopt a Title VI Environmental Justice Non-Discrimination Plan in order to
remain eligible to receive federal funding.
By the City Council of the city of Bangor:
ORDERED, That the attached Title VI Environmental Justice Non-Discrimination Plan dated
December 26, 2012 is hereby approved and adopted for purposes of meeting the requirements
of, and submission to, the Federal Transportation Administration
IN CITY COUNCIL
December 26, 2012
4a, Lodi-c.�c.i ed rad, - '
CI CLERK
13-048
DECEMBER 26,2012
Title VI/Environmental Justice
Non-Discrimination Plan
For Discrimination based on Race, Color, National Origin
City of Bangor
Community Connector
481 Maine Avenue
Bangor, Maine 04401
207-992-4670
December 26, 2012
13-048
DECEMBER 26,2012
Contents
Page
Introduction 1
1. Community Connector Public Outreach Plan 2
2. Community Connector LEP Analysis and Plan 3
3. Title VI Complaint Procedure 5
Discrimination Complaint Form 6
4. Notifying the Public of Rights under Title VI 8
5. Community Connector Title VI Investigations 8
6. Racial Breakdown of Board 9
7. Efforts of Primary Recipient to Ensure Title VI Compliance 9
8. Title VI Analysis for Facility Construction 9
9. Service Standards 10
10. Service Policies 13
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DECEMBER 26,2012
Introduction
Plan Statement
Title VI of the Civil Rights Act of 1964 as amended prohibits discrimination on the basis of
race, color, or national origin in programs and activities receiving federal financial assistance.
Specifically, Title VI provides that "no person in the United States shall, on the ground of
race, color, or national origin, be excluded from participation in, be denied benefits of, or be
subjected to discrimination under any program or activity receiving federal financial
assistance" (FTA) 42 U.S.C. Section 2000d).
The City of Bangor's transit system, Community Connector, is committed to ensuring that no
person is excluded from participation in, or denied the benefits of its transit services on the
basis of race, color, or national origin. This plan was developed pursuant to FTA Circular
4702.1B to guide Community Connector (CC) and its administration and management of
Title VI-related activities.
Title VI Coordinator Contact Information
Joe McNeil, Superintendent, Community Connector, 481 Maine Avenue, Bangor, Maine,
04402, 992-4670.
Subcontractors and Vendors
All subcontractors and vendors who receive payments from Community Connector where
funding originates from any federal assistance are subject to the provisions of Title VI of the
Civil Rights Act of 1964 as amended. Written contracts shall contain non-discrimination
language, either directly or through the bid specification package which becomes an
associated component of the contract.
Record Keeping
The Title VI Coordinator shall maintain permanent records which include, but are not limited
to, copies of Title VI complaints or lawsuits and related documentation, and records of
correspondence to and from complainants, and Title VI investigations.
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1. Community Connector Public Outreach Plan
Public outreach is essential to the success of Community Connector, the public transit
system operated by the City of Bangor that serves Bangor, Brewer, Old Town, Orono, Veazie
and Hampden. Community Connector's ongoing public outreach efforts extend beyond
maintaining a website and marketing its services through brochures and schedules to include
public workshops. These workshops benefit both Community Connector officials and the
general public in a number of ways:
• They provide users of the transit system with an opportunity to describe what they like
about the system and what they would like to see changed;
• They introduce potential riders of Community Connector with basic information about
how the system works and how it can meet their needs;
• They engender a sense of ownership among people, especially those who are often at
the mercy of their surroundings;
• They help Community Connector officials design a transit system that meets the
needs of the public within the constraints of available funding;
• They help Community Connector officials gauge the success of the transit system;
and
• They provide Community Connector officials with new ideas and alert them to
potential environmental justice issues.
The following is a summary of public outreach efforts undertaken by Community Connector
during calendar year 2011. These outreach efforts are aimed at helping these organizations
understand the transit services provided by Community Connector. While all of the meetings
are open to the public, some of the meetings are focused on smaller groups with a unique
interest. Participation at meetings of groups that target either minority, elderly or low income
populations are underlined. Presentations were made to the following organizations:
Alpha I (this is an agency that specializes in helping clients with special needs)
Local Schools
University of Maine
Husson University
Eastern Maine Community College
Beal College
City of Bangor Council
Veazie Town Council
Orono Town Council
Sunbury Assisted Living
RPAC (Regional Plan Advisory Committee)
Miller Senior Citizen Housing Complex
United Way of Eastern Maine
Amicus
Community Connector also makes available one-on-one training to help passengers with
special needs to learn how to navigate the transit system. Community Connector's Public
Outreach Plan is to continue efforts similar to those listed above into the future.
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2. Community Connector LEP Analysis and Plan
Introduction
On August 11, 2000, President Clinton signed Executive Order 13166: Improving Access to
Service for Persons with Limited English Proficiency, which requires meaningful access to all
federally assisted programs and activities by persons with limited English proficiency (LEP).
Executive Order 13166 states that individuals who do not speak English well and who have a
limited ability to read, write, speak or understand English are entitled to language assistance
under Title VI of the Civil Rights Act of 1964 with respect to a particular type of service,
benefit or encounter. It reads in part:
Each Federal agency shall prepare a plan to improve access to its federally conducted
programs and activities by eligible LEP persons. Each plan shall be consistent with the
standards set forth in the LEP Guidance, and shall include the steps the agency will
take to ensure that eligible LEP persons can meaningfully access the agency's
programs and activities.
In addition to the requirement that federal agencies prepare LEP plans, all recipients of
federal financial assistance have to comply with Title VI and LEP guidelines of the federal
agency from which funds are provided. The Federal Highway Administration has mandated
that all "...recipients must take reasonable steps to ensure that such persons have
meaningful access to the programs, services and information those recipients provide, free of
charge..."
Who is an LEP Individual?
As defined in the 2000 United States Census, it is any individual who speaks a language at
home other than English as their primary language, and who speaks or understands English
"not well" or"not at all."
The Four Factor Analysis
Under guidance from the U.S. Department of Transportation, Community Connector is
obligated to determine the extent of its obligation to provide LEP services to its transit-
dependent population. This determination must be based on an analysis of four factors:
1. The number or proportion of LEP persons who may be serviced or are likely to
encounter a program, activity or service;
2. The frequency with which LEP persons come in contact with programs, activities or
services;
3. The nature and importance of programs, activities or services to the LEP population;
and
4. The resources available to the recipient and overall costs to provide LEP assistance.
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Factor#1: The number or proportion of LEP persons who may be serviced or are likely
to encounter a program, activity or service. The first step towards understanding the
extent of the LEP population in Community Connector's service area is a review of Census
data. The analysis of Census data shows that the number and percentage of persons who
speak English "not well" and "not at all" combined, within four major groups in each of the six
municipalities served by Community Connector falls below the 1,000 person/5% threshold.
Community Connector is relying upon 2000 Census data because similar data is not
available for the 2010 Census.
Table 1
Summary of Limited English Proficiency (LEP) Persons 5 Years and Older
Community Connector Service Area
2000 Census*
Persons Speaking English "not well" and "not
Total 5 % at all" Combined, Native and Foreign Born
Persons Threshold Spanish Indo- Asian or Other
European Pacific
Bangor 29,712 1,486 11 86 29 5
Brewer 8,512 426 10 20 0 0
Hampden 5,984 299 0 6 0 0
Old Town 7,723 386 7 23 7 0
Orono 8,838 442 14 30 0 0
Veazie 1,648 82 0 2 0 0
Source: U.S. Census 2000, Table PCT12
*Does not include seasonal or one-day/week service
Factor #2: The frequency with which LEP persons come in contact with programs,
activities or services. Language barriers have not been an issue.
Factor #3: The nature and importance of programs, activities or services to the LEP
population. Not applicable. Community Connector is not aware of any LEP population in its
service area that is unable to use the bus system because of language barriers.
Factor #4: The resources available to the recipient and overall costs to provide LEP
assistance. Community Connector bus drivers and administrative staff have "I speak"
language identification cards for use in the event that they encounter an LEP person who
needs language assistance. In the event that an LEP person requires language assistance,
Community Connector would use the service of Language Line on a fee basis. The costs of
the language line cards and use of Language Line, fee-based services is presumed to be
minimal because it would be infrequent.
Community Connector's language assistance plan is to continue to monitor the transit needs
of the transit-dependent population, including LEP persons, and evaluate how best to
address those needs in the event they arise.
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DECEMBER 26,2012
3. Title VI Complaint Procedure
Any person who believes she or he has been discriminated against on the basis of race,
color, or national origin by the City of Bangor Community Connector (hereinafter referred to
as "the agency") may file a Title VI complaint by completing and submitting the agency's Title
VI Complaint Form. The agency investigates complaints received no more than 180 days
after the alleged incident. The Authority will process complaints that are complete.
Once the complaint is received, the agency will review it to determine if Community
Connector has jurisdiction. The complainant will receive an acknowledgement letter informing
her/him whether the complaint will be investigated by the agency.
The agency has 30 days to investigate the complaint. If more information is needed to
resolve the case, the agency may contact the complainant. The complainant has 30 business
days from the date of the letter to send requested information to the investigator assigned to
the case. If the investigator is not contacted by the complainant or does not receive the
additional information within 30 business days, the agency can administratively close the
case. A case can also be administratively closed if the complainant no longer wishes to
pursue her/his case.
After the investigator reviews the complaint, she/he will issue one of two letters to the
complainant: a closure letter or a letter of finding (LOF). A closure letter summarizes the
allegations and states that there was not a Title VI violation and that the case will be closed.
An LOF summarizes the allegations and the interviews regarding the alleged incident, and
explains whether any disciplinary action, additional training of the staff member, or other
action will occur. If the complainant wishes to appeal the decision, she/he has 30 days after
the date of the letter of the LOF to do so.
A person may also file a complaint directly with the Federal Transit Administration, at FTA
Office of Civil Rights, 1200 New Jersey Avenue SE, Washington, DC 20590.
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•
DISCRIMINATION COMPLAINT FORM
Community Connector
Title VI/Environmental Justice and Related Statutes
Section I:
Name:
Address:
Telephone (Home): Telephone (Work):
Electronic Mail Address:
Accessible Format Large Print Audio Tape
Requirements? TDD Other
Section II:
Are you filing this complaint on your own behalf? Yes* No
*If you answered "yes" to this question, go to Section III.
If not, please supply the name and relationship of the
person for whom you are complaining:
Please explain why you have filed for a third
party:
Please confirm that you have obtained the permission Yes No
of the aggrieved party if you are filing on behalf of a
third party.
Section III:
I believe the discrimination I experienced was based on (check all that apply): •
[ ] Race [ ] Color [ ] National Origin
Date of Alleged Discrimination (Month, Day, Year):
Explain as clearly as possible what happened and why you believe you were discriminated
against. Describe all persons who were.involved. Include the name and contact information
of the person(s) who discriminated against you (if known) as well as names and contact
information of any witnesses. If more space is needed, please use the back of this form.
Section IV
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Have you previously filed a Title VI complaint with this Yes No
agency?
Section V
Have you filed this complaint with any other Federal, State, or local agency, or with any
Federal or State court?
[ ] Yes [ INC
If yes, check all that apply:
[ ] Federal Agency:
[ ] Federal Court [ ] State Agency
[ ] State Court [ ] Local Agency
Please provide information about a contact person at the agency/court where the
complaint was filed.
Name:
Title:
Agency:
Address:
Telephone:
Section VI
Name of agency complaint is against:
Contact person:
Title:
Telephone number: •
You may attach any written materials or other information that you think is relevant to your
complaint.
Signature and date required below
Signature Date
Please submit this form in person at the address below, or mail this form to:
City of Bangor Community Connector
481 Maine Avenue •
Bangor, Maine 04401
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DECEMBER 26,2012
4. Notifying the Public of Rights under Title VI
City of Bangor
Community Connector
• The City of Bangor operates Community Connector without regard to race, color and national origin
in accordance with Title VI of the Civil Rights Act. Any person who believes she or he has been
aggrieved by any unlawful discriminatory practice under Title VI may file a complaint with
Community Connector.
• For more information on Community Connector's civil rights program, and the procedure to file a
complaint, contact 207-992-4670, or visit our administrative office at 481 Maine Avenue, Bangor,
Maine 04402.
• A complainant may file a complaint directly with the Federal Transit Administration by filing a
complaint with the Office of Civil Rights, Attention: Title VI Program Coordinator, East Building, 5th
Floor-TCR, 1200 New Jersey Avenue., SE, Washington, D.C. 20590.
• If information is needed in another language, contact 207-992-4670.
Note: this notice will be prominently and publicly displayed at the Community Connector
dispatch center, and on transit buses. This notice will also be posted on Community
Connector's website and will be distributed whenever specialized training or assistance is
provided to disabled or visually impaired customers. Additional information relating to
nondiscrimination can be obtained from the Title VI Coordinator. Title VI information shall be
disseminated to Community Connector employees annually. During new employee
orientation, new employees shall be informed of the provisions of Title VI, and Community
Connector's expectations that they will perform their duties accordingly.
5. Community Connector Title VI Investigations
There have been no Title VI investigations, complaints or lawsuits filed with the agency
during the past two calendar years (2010 and 2011). In the event that there are any
investigations, complaints or lawsuits in the future, Community Connector plans to use the
following form for documenting them.
Date Summary (include basis
(Month, of complaint; race, color, Status Action(s) Taken
Day, Year) or national origin)
Investigations
1.
2.
Lawsuits
1.
2.
Complaints
1.
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2.
6. Racial Breakdown of Board
Community Connector is governed by the Bangor City Council, an elected body consisting of
nine members, all of whom are white. Here is the breakdown of the Council and the general
population (Note; according to FTA Circular 4702.1B, this information is required only of
recipients that have transit-related, non-elected bodies, but it is being supplied anyway).
White Black American Asian Other
Indian
Bangor population 95.0% 1.7% 1.2% 1.7% 0.4%
City Council 100% 0% 0% 0% 0%
Note: According to the 2010 Census, "Hispanic or Latino" is not a separate race, but an ethnic group that is
included in one or more of the races shown above. According to the Census, 1.5% of the City's population is
Hispanic or Latino.
7. Efforts of Primary Recipient to Ensure Title VI Compliance by Sub-
recipients
Community Connector is not a primary recipient of FTA funds and does not have sub-
recipients.
8. Title VI Analysis for Facility Construction
Community Connector has not constructed a facility such as a vehicle storage facility in the
last two years. In the future, construction of any such facility will require a Title VI analysis
with regard to the location of the facility.
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9. Service Standards
Vehicle Loads
The average of all loads during the peak operating period should not exceed the
vehicles' achievable capacities,which are shown in the table below.
BUS NO. Run High Low Seating Standees Total Load
Assignment Floor Floor Factor
ORION
0202 Capehart- 2 X 29 26 55 1.9
0203 Capehart -3 X 29 26 55 1.9
0207 Brewer South X 29 26 55 1.9
0209 Odlin Road X 29 26 55 1.9
0210 Capehart - 1 X 29 26 55 1.9
GILLIG
1046 Old Town - 1 X 31 54 85 2.7
1047 Old Town - 2 X 31 54 85 2.7
1048 Mt Hope X 31 54 85 2.7
1049 Hammond St X 31 54 85 2.7
1050 Center St X 31 54 85 2.7
ORION
43 Spare X 29 25 54 1.9
44 Spare X 29 25 54 1.9
45 Spare X 29 25 54 1.9
ELDORADO
0725 University X 28 20 48 1.7
0726 University X 26 18 44 1.7
CHEV. GOSHE
0924 Mall Hopper X 24 15 39 1.6
CHAMPION
0722 Spare X 22 15 37 1.7
0723 Hampden X 22 15 37 1.7
BLUEBIRD
0621 Stillwater X 32 56 88 2.8
NEW FLYER
0027 Spare X 25 43 68 2.7
0028 Brewer North X 25 43 68 2.7
0029 Spare X 25 43 68 2.7
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Vehicle Headway
The Community Connector provides service every 30 minutes on four of the routes
(Capehart, Center Street, Hammond Street, Orono Black Bear Express) and every 60
minutes on the remaining routes, as shown in the table below. Service begins and
ends at different times on different routes, as shown in the table below.
Scheduling involves consideration of a number of factors including contract financial
support, cost, ridership productivity, and the density of transit population densities and
activities.
Community Connector— Headway and Service Hours
Weekday Service
Service Hours
Route Headway Beginning Ending
Capehart 30 minutes 6:06 -6:35 am 5:45 - 6:27 pm
Hammond Street 30 minutes 5:55-6:17 am 5:45-6:10 pm
Center Street 30 minutes 6:15-6:38 am 5:45-6:08 pm
Black Bear Orono Express 30 minutes 6:55-7:25 am 9:25-9:55 pm
Brewer South 60 minutes 6:53-7:37 am 5:53-6:22 pm
Brewer North 60 minutes 7:20-8:07 am 5:20-5:48 pm
Hampden 60 minutes 6:20-7:10 am 5:20-6:10 pm
Mall Hopper 60 minutes 6:55-7:45 am 6:02-6:45 pm
Old Town 60 minutes 5:45-7:15 am 5:15-7:00 pm
Stillwater 60 minutes 6:45-7:35 am 5:45-6:35 pm
Mount Hope 60 minutes 6:15-7:05 am 5:15-6:05 pm
Odlin Road 60 minutes 6:33-7:25 am 5:33-6:25 pm
Saturday Service
Service Hours
Route Headway Beginning Ending
Capehart 30 minutes 7:06 -7:35 am 5:45 - 6:11 pm
Hammond Street 60 minutes 9:15-9:40 am 5:15-5:40 pm
Center Street 30 minutes 8:45-9:08 am 4:45-5:08 pm
Black Bear Orono Express 30 minutes 6:55-7:25 am 9:25-9:55 pm
Brewer South 60 minutes 6:53-7:37 am 5:53-6:22 pm
Brewer North 60 minutes 7:20-8:07 am 5:20-5:48 pm
Hampden 60 minutes 6:20-7:10 am 5:20-6:10 pm
Mall Hopper 60 minutes 6:55-7:45 am 6:02-6:45 pm
Old Town 60 minutes 6:15-8:05 am 5:15-7:05 pm
Stillwater 60 minutes 6:45-7:35 am 5:45-6:35 pm
Mount Hope 60 minutes 6:15-7:05 am 5:15-6:05 pm
Note: Odlin Road is the only route that doesn't have Saturday service.
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On-Time Performance
• Ninety-five (95) percent of Community Connector transit vehicles will complete their
established runs no more than 5 minutes early or late in comparison to the published
timetables. The exception will be inclement weather such as a major snowstorm.
• A transit vehicle is considered on time if it departs a scheduled time-point no more
than 1 minute early and no more than 5 minutes late. The Community Connector's on-
time performance objective is 90% or greater. The exception will be inclement weather
such as a major snowstorm. Community Connector continuously monitors on-time
performance.
Service Availability
• Community Connector distributes transit service so that 98% of all residents in the City
of Bangor's urbanized area are within a 3/4 mile walk of bus service.
• Community Connector distributes transit service to other communities on a contract
basis. The extent of service is based on the amount of financial support from these
communities as well as federal and state financial support. Service to residents in the
urbanized area of these communities within a 3/ mile walk of bus service is:
Brewer: 100%
Veazie: 100%
Old Town: 100%
Orono: 98%
Hampden: 100%
• Buses will stop at any safe intersection.
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10. Service Policies
Vehicle Assignment Policy
• Bus assignments take into account the operating characteristics of buses of various
lengths and loading capacity, which are matched to the operating characteristics of the
route. Routes with lower ridership may be assigned smaller buses with lower loading
capacities.
• Buses are assigned to routes on a more or less permanent basis. Buses are replaced
on a rotating basis, based on bus conditions and the availability of funds.
Replacement buses will thus be assigned to all routes on an equitable, rotating basis
such that no route will be favored by newer buses.
Vehicle Amenities
• All transit vehicles will continue to have equal amenities such as air conditioning and
all routes will have equal amenities such as signs to the extent that permission to
install signs can be obtained.
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