HomeMy WebLinkAbout2016-12-28 17-052 ORDERCOUNCIL ACTION
Item No. 17=052
Date: December 28, 2016
Item/Subject: ORDER, Approving and Adopting the amended Title VI Non -Discrimination
Program for the Community Connector Public Transit Service.
Responsible Department: Executive
Commentary: This Order will approve and adopt an amended Title VI Non -Discrimination
Program for the Community Connector Public Transit Service. In March of 2016, Council
adopted the most recent version of the Non -Discrimination policy. At a Triennial Review
conducted in May 2016, it was recommended that we make some minor housekeeping changes
to our Title VI policy and resubmit for ETA's approval. The due date for submission of the
program is December 22"d, 2016.
This was reviewed and recommended for approval at the December 19"' Government
Operations Committee meeting.
Manager's Comments:
Associated Information: Order
Budget Approval:
Legal Approval:
Introduced for
x Passage
First Reading
Referral
Department Head
C` Ali VY-) "
City Manager
Page _ of
Finance Director
City Solicitor
17-052
DECEMBER 28, 2016
._ Assigned to Councilor Graham
I
CITY OF BANGOR
OR4�'j�" FE r
�-
(TITLE.) ORDER, Approving and Adopting the Amended Title VI/Non-Discrimination
Program for the 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; and
WHEREAS, federal funding will be received and administered by Community Connector is a
Direct Recipient; and
WHEREAS, all Direct Recipients of Federal Transit Administration (FTA) funding must approve
and adopt a Title VI Non -Discrimination Program in order to remain eligible to receive
federal funding.
By fie Oty Council of tfre City of Bangor.
ORDERED, That the attached Amended Title VI Non -Discrimination Program dated
December 2016, is hereby approved and adopted for purposes of meeting the requirements of,
and submission to, the Federal Transit Administration
IN CITY COUNCIL
DECEMBER 28, 2016
CO 17-052
PASSED
CITY CLERK
TITLE VI NON-DISCRIMINATION
COLOR, NATIONAL ORIGIN
COMMUNITY CONNECTOR
481 MAINE AVENUE
BANGOR, MAINE 04401
JUNE 11 2016 THROUGH MAY 31, 2019
REVISED DECEMBER 16, 2016
Next revision due to FTA April 1, 2019
ProgramStatement.................................................................................................................................. 3
Title VI Coordinator Contact Information............................................................................................. 3
Subcontractors and Vendors................................................................................................................ 3
RecordKeeping.....................................................................................................................................3
Community Connector Public Outreach Plan...........................................................................................4
Community Connector LEP Analysis and Plan..........................................................................................5
Introduction.......................................................................................................................................... 5
Whois an LEP Individual?.....................................................................................................................5
TheFour Factor Analysis....................................................................................................................... 5
TitleVI Complaint Procedure.................................................................................................................... 8
Notifying the Public of Rights under Title VI.................................................................................
1242) -14
Community Connector Title VI Investigations................................................................................131312
Racial Breakdown of Board.............................................................................................................131312
Title VI Analysis for Facility Construction.......................................................................................131312
ServiceStandards............................................................................................................................141413
VehicleLoads..............................................................................................................................141413
VehicleHeadway.......................................................................................................................
141413
On -Time Performance................................................................................................................1514
ServiceAvailability......................................................................................................................151-514
ServicePolicies................................................................................................................................16%s1J
Vehicle Assignment Policy..........................................................................................................161615
TransitAmenities....................................................................................................................... 164615
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 program was developed pursuant to FTA Circular 4702.1B to guide
Community Connector (CC) and its administration and management of Title VI -related activities.
Laurie Linscott, Superintendent, Community Connector, 481 Maine Avenue, Bangor, Maine, 04401,
992-4672.
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.
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.
3
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. 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:
University of Maine — A presentation was made to the incoming International Students through the
Office of International Programming and Outreach. It was attended by about fifty students. The
students were eager to learn about technology and the Community Connector App. Several of them
also asked about how to get to the Bangor Mall and back. The takeaway from this is that technology
like the app may have to include translation for LEP, and that LEP students might be traveling the Old
Town, Mount Hope and/or Stillwater routes to the Bangor Mall more frequently than other routes.
Ellen Leach Home — A presentation was made to a senior age population at a home operated by the
Brewer Housing Authority. Although several of the attendees signed up for half -fare cards, there was
not much indication that these folks would ride transit. Many of them have either a vehicle at the
home or friends and family that are able to transport.
4
Bus Ambassadors - Community Connector also makes available one-on-one training to help
passengers learn how to navigate the transit system through the volunteer Bus Ambassador program.
Community Connector will meet with the Bus Ambassadors and give them Title VI Non-discrimination
information to include with the packets that are given out to the customers.
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.
As defined in the 2010 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 less than "very well."
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:
The number or proportion of LEP persons who may be serviced or are likely to encounter a program,
activity or service;
The frequency with which LEP persons come in contact with programs, activities or services;
The nature and importance of programs, activities or services to the LEP population; and
4'1
The resources available to the recipient and overall costs to provide LEP assistance.
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 less than "very well" within four major
groups in each of the six municipalities served by Community Connector falls below the 1,000
person/5% threshold.
Table 1
Summary of Limited English Proficiency (LEP) Persons 5 Years and Older
Community Connector Service Area
Total Persons
5%
Threshold
Persons Speaking English less than "very well"
Spanish
Indo-European
Asian or
Pacific
Other
Bangor
31,230
1,562
57
128
268
6
Brewer
8,899
445
0
63
0
0
Hampden
7,041
352
0
23
17
0
Old Town
7,244
362
0
59
83
0
Orono
10,252
513
0
53
83
0
Veazie
1,902
95
0
5
0
0
University of Maine*
11,219
561
25
2
9
8
Husson University
3,669
184
See below
UMA Bangor
4,416
221
See below
Eastern Maine
Community College*
2,620
131
1
1
10
5
Source: U.S. Census Bureau, 2010-2014 American Community Survey or Individual College/University
Responses
n
*University of Maine and Eastern Maine Community College provided information on each
international student's country of origin as opposed to language proficiency. Even if it is assumed
that each international student is an LEP individual, the LEP populations at these institutions are well
below the safe harbor threshold.
In addition to the analysis of census data, Community Connector has contacted the four colleges and
universities within its service area and determined that the inclusion of LEP populations at these
institutions does not increase any language group above the 1,000 person/5% threshold.
It should be noted that Husson University was not able to provide information detailing the specific
languages spoken by its international students. Husson did, however, provide de -identified
International English Language Testing System (IELTS) and Test of English as Foreign Language (TOEFL)
scores for its international students, which indicated that no individual's English proficiency was
below the intermediate/fair range. Husson asserted that it requires international applicants to
submit official copies of IELTS or TOEFL scores that indicate English competency. Additionally, Husson
stated that it has a bridge program for any LEP students, which prepares them to take courses at the
University.
Further, it should be noted that the University of Maine at Augusta was unable to provide any
information concerning LEP populations at its Bangor campus. UMA does, however, require all
applicants whose native language is not English to submit an official IELTS or TOEFL score indicating
English proficiency.
Community Connector will continue to collaborate with the colleges and universities in its service
area to monitor any changes in the LEP populations at these institutions.
Factor #2: The frequency with which LEP persons come in contact with programs, activities or
services. Community Connector will track LEP person's participation in public meetings, contacts with
operators, and service personnel. The public participation policy will include available of translation
services. An electronic log of customer service interactions with LEP persons will be kept in the office
that will include date, driver (or supervisor), and what happened. Any Title VI complaints which are
related to LEP will also be recorded in the log.
Factor #3: The nature and importance of programs, activities or services to the LEP population. The
Community Connector system has limited interaction with LEP population. It can be assumed that
due to the location of higher number of LEP persons at the local Colleges and Universities which offer
free bus fare in the system, this would be the highest point of contact with such persons. This
population uses the Community Connector for leisure trips to the shopping areas such as the Bangor
Mall, Walmart, and Target. Beyond but including the LEP population, the Community Connector is an
7
important and vital service to the general population. The Community Connector is almost the only
public transportation for people in wheelchairs in the urbanized area or people that do not own
vehicles.
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 "I Speak" cards and use of Language Line, fee-based
services is presumed to be minimal because it would be infrequent.
Public facing documents will be translated to any language that is above the safe harbor threshold.
The safe harbor provision applies to written documents only, and does not affect the requirement to
provide meaningful access to LEP individuals through competent oral interpreters where such
services are needed and reasonable.
Community Connector will provide notice to LEP persons about the availability of language assistance
within the buses, at the Community Connector office and on the City of Bangor website. In addition,
Community Connector will ask if language assistance is needed when conducting public meetings.
Community Connector will document any contact with LEP individuals, and will evaluate the
American Community Survey Census data annually to see if the LEP population for any language was
over the safe harbor threshold.
Community Connector employees will be trained on the Title VI Policy when they are hired and
whenever the policy is updated. Community Connector will provide annual training on the resources
available to aid staff in interactions with LEP individuals (including interpretative services and I -speak
cards) and what to do if difficulties arise while communicating.
Community Connector will monitor its operating contractors for compliance with Title VI.
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
form is available on the City of Bangor website at www.bangormaine.gov and may be submitted by
email to community.connector@bangormaine.eov. The agency investigates complaints received no
more than 180 days after the alleged incident. The agency will ensure that the appropriate level of
information is provided in order to process complaints.
0
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.
0
DISCRIMINATION COMPLAINT FORM
Community Connector
Title VI/Environmental Justice and Related Statutes
Name:
Address:
Telephone (Home):
Telephone (Work):
Electronic Mail Address:
Accessible Format Large Print Audio Tape
Requirements? TDD Other
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.
ME
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 attach any number of pages
to this form.
10
Have you previously filed a Title VI complaint with this Yes No
agency?
Have you filed this complaint with any other Federal, State, or local agency, or with any
Federal or State court?
[]Yes [] No
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:
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
This form may also be submitted via email to:
community.connector@bangormaine.gov
is
City of Bangor
Community Connector
• Community Connector operates its transit service without regard to race, color and national
origin.
For more information or to file a complaint or concern:
Via email: community.connector@bangormaine.gov
Via mail: Title VI Coordinator, 481 Maine Ave, Bangor, ME 04401
Via phone: (207) 992-4670 ask to speak to the Bus Superintendent
If information is needed in another language, please contact (207) 992-4670
Note: This notice will be prominently and publicly displayed at the Community Connector dispatch
center, on transit buses, and on paratransit vehicles. 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.
12
There have been no Title VI investigations, complaints or lawsuits filed with the agency during the
past two calendar years (2014 and 2015). In the event that there are any investigations, complaints or
lawsuits in the future, Community Connector will document these incidents electronically recording
the date, summary, status and action(s) taken.
Community Connector is governed by the Bangor City Council, an elected body consisting of nine
members, all of whom are white/Caucasian. Here is the breakdown of the Council and the general
population (Note; according to FTA Circular 4702.113, this information is required only of recipients
that have transit -related, non -elected bodies).
Source: U.S. Census Bureau, 2010-2014 American Community Survey
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.
Community Connector has not constructed a facility such as a vehicle storage facility in the last three
years. In the future, construction of any such facility will require a Title VI analysis with regard to the
location of the facility.
13
White/Caucasian
Black
American
Asian
Other
Two or
Indian
More
Races
Bangor
93.5%
1.7%
0.7%
2.3%
0.6%
1.3%
population
City Council
100%
0%
0%
0%
0%
0%
Source: U.S. Census Bureau, 2010-2014 American Community Survey
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.
Community Connector has not constructed a facility such as a vehicle storage facility in the last three
years. In the future, construction of any such facility will require a Title VI analysis with regard to the
location of the facility.
13
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 Type
Weekday
Headway
Saturday
Headway
Vehicle Load Standard
30 minutes
Seated Capacity
Total Customers
Percentage
2002 Orion
29
55
190%
2011 Gillig
31
54
174%
1996 Orion
29
54
186%
2007 Eldorado
28
49
175%
2009 Chevy Goshen
24
39
163%
2007 Champion
22
37
168%
2006 Bluebird
32
56
175%
2000 New Flyer
25
43
172%
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. Scheduling involves consideration of a number of factors including
contract financial support, cost, ridership productivity, and the density of transit population densities
and activities.
Route
Weekday
Headway
Saturday
Headway
Capehart
30 minutes
30 minutes
Hammond Street
30 minutes
60 minutes
Center Street
30 minutes
60 minutes
Black Bear Orono Express
30 minutes
30 minutes
Brewer South
60 minutes
60 minutes
Brewer North
60 minutes
60 minutes
Hampden
60 minutes
N/A*
Mall Hopper
60 minutes
60 minutes
Old Town
60 minutes
120 minutes
Stillwater
60 minutes
60 minutes
Mount Hope
60 minutes
60 minutes
14
* The Hampden Route does not operate on Saturday.
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.
Community Connector distributes transit service so that 98% of all residents in the City of Bangor's
urbanized area are within a % 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 % mile walk of bus service is:
Brewer: 100%
Veazie: 100%
Old Town: 100%
Orono: 98%
Hampden: 100%
At the beginning of the term of this program, buses will stop at any safe intersection.
A plan is being developed to implement designated bus stops which will have at a minimum, signage.
GIS is being used to develop the service provisions and stop locations. The GIS research will compare
stop frequency with the American Community Survey to ensure equitable stop placement. Less
populated areas within the UZA may have different standards in regard to the distance between stop
locations.
15
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.
Vehicles All transit vehicles will continue to have equal amenities such as air conditioning and bicycle
racks. Vehicles are randomly rotated on routes, except routes that have lower/higher ridership
demand or route geometrics.
Bus Shelters Going forward, amenities such as bus shelters will be provided based on number of
riders boarding or exiting at a stop, transfer points, safety concerns, and ADA assessment. In terms of
the maintenance, some bus shelters in the Community Connector system are privately owned. These
are not governed by Community Connector standards, although the private owners are encouraged
to maintain them. Community Connector will develop a program perform an assessment of shelters
every three years in respect to shelter location and maintenance. This program will include a GIS
analysis that will compare current shelter locations with the American Community Survey to ensure
equitable placement. A Bus Shelter Maintenance Policy will be developed and a plan will be
developed with the municipalities within the service area to set standards for maintenance of the
shelters. This policy will also address the potential removal/discontinuation of shelters that are not
properly utilized or maintained.