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WAVE Agenda Packet 09 25 14 Cape Fear Public Transportation Authority Thursday, September 25, 2014 at 12:00 pm in the Wave Transit Board Room at Forden Station, 505 Cando St., Wilmington, NC 28405. MEETING AGENDA The next regular meeting of the Authority is scheduled for Thursday, October 23, 2014 at 12:00 pm in the Forden Station Board Room. CONSENT AGENDA The following items are attached for consideration. A brief exp follows: 1)Approval of minutes from August 28, 2014 regular meeting (p. 3) 2)Purchase Orders for Computer Hardware and Software ( Grant PC ConnectionHooksTOTAL GRANT CHARGES Cape Fear Public Transportation Authority MINUTES OF THE CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY August28, 2014 Mr. Jeff Petroff, Chairman, Presiding MEMBERS PRESENT Mr.Jeff Petroff, Chairman Mr.Chris Hawkins, Vice Chairman Mr.Don Betz, Secretary Mr. Jonathan Barfield Mr.Bill Bryden Mr.Euran Daniels Mr.Andy Koeppel Mr.Kevin O’Grady MEMBERS ABSENT Mr.Henry Adams Mr.Beck Smith STAFF PRESENT Mr.Albert Eby, Executive Director Ms. Megan Matheny, Director of Planning & Development Mr.Joe Mininni, Director of Finance & Administration Ms.Jean Smith, Director of Operations Ms.Kathy Williams,Board and Customer ServiceClerk CONTRACT MANAGEMENT STAFF PRESENT Mr.Andy Olsen,Olsen Law Firm, Attorney Mr. Chris Greenman, Fixed Route Operations Manager GUESTS PRESENT Mr.David Scheu, Former Authority Board Ms.Suraiya Rashid, WMPO Mr.Jon Tait, Councilmember, Town of Leland Ms.Pat Batleman, Councilmember, Town of Leland Mr.Ricky Meeks, Citizen Ms.Anne K. Ryan, Citizen CALL TO ORDER Mr. Petroffcalled the meeting to order at 12:05 pm The meeting began with a moment of silence followed by the reciting of the Pledge of Allegiance RECOGNITIONS Mr. Petroff recognized Leland Town CouncilmembersMr. Tait and Ms. Batleman Mr. Eby introduced Mr. Koeppel andwelcomedhim back as a member ofthe Authority Mr. Petroff briefed the board on the ten year anniversary celebration and asked Mr. Eby to highlight someof the milestones reached and accomplishments made by the Authority over the past tenyears Mr. Petroff presented Mr. Ebywith a plaque for his leadership and dedication to the Authority Mr. Petroff recognized outgoing board member, Mr. Scheu and presented him with a plaque recognizing his service tothe Authority PUBLIC COMMENT Mr. Petroffopened the public comment period Mr. Meeks congratulated Mr. Eby and the board for tenyears of service Mr. Meeks stated he was a passenger on Route103 when it broke down for 40 minutes around 8:00 pm Mr. Meeks stated dispatch had notified him of the status of the busin which he was thankful Mr. Meeks requested that staff be available to answer the phone in the evenings until the end of service Mr. Meeks congratulated theTown of Leland ontheir Founder’s Day celebration Mr. Meeks requested thatthe board to look into a pilot program that would allow Route 204 and Route 207 to operate on weekends Hearing no further comments, Mr. Petroffclosed the public comment period CONSENT AGENDA Mr.Petroffpresented the July2014consent agenda for approval Mr. Betzmade a motion to accept items 1,3,4,5 and 6 Mr. O’Grady seconded the motion and the motion carried Mr.Petroff opened item 2, Policy Manual Update for discussion Mr. Betz suggested that the five day vacation carryover might be a little restrictiveand may result in the loss of vacation time for staff Mr. Betz made a motion to revise the vacation carryover allotted to no more thantendaysfrom one calendar year to the other and correct the typo of the word “forth” to “fourth” Mr. O’Grady seconded the motion and the motion carried EXECUTIVE COMMITTEE Mr. Petroff’s first item was the FTA Triennial Review findings Mr. Petroffstated the FTA reviewerspoke very highly of the Authority’s operation and compliance with FTA guidelines Mr. Petroff recognized Mr. Eby to give a brief report of the FTA Triennial Review findings Mr. Eby briefly described three deficienciesfound in the area of financial management and technical capacity Mr. Eby stated the deficiencies found were: insufficient tracking of grant balances, ineligible expenses charged against grant, and incorrect FFR reporting Mr. Eby stated that corrective action for the findings havebeen implemented He stated that an updated grants management policy was being developed and would be presented to the board at a future date Mr. Petroff presented the committee appointees Mr. Hawkins agreed to replace Mr. Hank Adams as chair of the Planning and Operations Committee Mr. Petroff said the Interlocal agreement between the City of Wilmington and New Hanover County is in the final review stage and should be available for review soon PLANNING& OPERATIONS COMMITTEE Mr. Petroff recognized Mr. Hawkinstopresentthe committee report Mr. Hawkins reported a decrease of1%in fixed route ridership for the month of July2014 as compared to July 2013 Mr. Hawkins indicated the decrease was likelyattributed to service ending early on July 3, 2014 dueto unsafe road conditions resulting from the tropical storm Mr. Hawkins stated that 4,234fixed route trips were performed on free fare day (July 23, 2014) Mr. Hawkins revealed the Authority serviced 2,615 students during UNCW’s Beach Blast event Mr. Hawkinsstated the Authority has received $32,947in advertising revenue for calendar year 2014 th Mr. Hawkins said the bench and trash receptacle installment at 5St. and Meares St. sponsored by the Rotary Club Cape Fear isprojected to be finished at the end of September He recognized the Rotary Club Cape Fear for their community service project duringthe October board meeting Mr. Hawkins indicated staff received notification that Federal Grant 5339 was approved Mr. Hawkins revealed that funding from this grant would allow staff to purchase and install fifteen sheltersand fifteen benches Mr. Hawkins provideda brief update on the vanpool program Mr. Hawkins recognized Ms. Matheny to provide an update on Route 203Downtown Trolley project Ms. Matheny stated the project consists of four phases: route restructuring; the installation of the trolley decals; the woodwork refinish on the exterior of the trolley; and the installation of the trolley stop banners Ms. Matheny stated the project is in its final phase Ms. Mathenysaid the committee selected a design of the trolley stop bannersand presented the draft design to the board Ms. Matheny said that once the final phase is completed and the banners are installed, apublic relations campaign aimed to gain exposure and increase ridership will be implemented Mr. Koeppel asked for an update regarding Greyhound contract negotiations Mr. Petroff recalled an issue with receiving commission from online Greyhound ticket sales Mr. Eby stated staff iscurrently in contract negotiationswith Greyhound to resolve commission issues from online ticket sales and freight sales FINANCE & BUDGET COMMITTEE Mr. Petroffrecognized Mr. Bryden to give the committee report Mr. Bryden stated the City of Wilmington has given the Authorityhalf of their committed allotment towards the fund balance Mr. Bryden complimented CommissionerBarfield forhis leadership regardingthe 50/50 fund balance split between the city and county FACILITIES COMMITTEE Mr. Petroff stated that the maintenance and operations facilityis on schedule and pictures of the progress at the building were presented Mr. Petroff presented change and purchase orders in the amount of $75,806 Mr. Petroff provided a breakdown of the change orders as follows: $907.00 for Clancy & Theys; $13,500 for Mohawk Lifts; $9,000 for HR Associates; $5,400 for ECS for a total amount of $28,807in change orders The changes are within the current contingency fund for the project Mr. Petroff stated thecommittee is seeking approval for the payment of the change orders in the amount of $28,807 No second wasneeded and the motion carried The committee also soughtapproval for purchase ordersin the amount of $46,999 forHooks Systems, PC Connection, Dell, PC Connectionand Wooten’s Electric All of the items on seeking approval are in the adopted project budget No secondwas needed and the motion carried The committee is seeking approval on an additional change order in the amount of $17,353for additional required fireproofing, perimeter insulation, equipment pads, bulkhead soffit and additional electrical outlets The changes are within the current contingency fund for the project No second was needed and the motion carried Mr. Petroff stated there was a design error in the heating system for the maintenance area Mr. Petroff statedfunding to correct the $30,000-$50,000 design error can be realized by eliminating the under carriage bus washwhich is considered nonessential The committee is asking the board to give the Facilities Committee the ability to order time sensitive equipment up to $25,000 in order for construction toremain on schedule Mr. O’Grady stated the architect should be placed on notice for any damages that may occur while correcting this issue Mr. Eby stated that legal advice concerning the issue would be in order to protect the rights of the Authority since the issue could involve litigation No second was needed and the motion carried STAFF REPORT Mr. Petroffrecognized Mr. Eby to present the staff report Mr. Eby providedanupdate on Non-EmergencyMedicaidTransportation (NEMT)service and stated the Authority is still providing out of county Medicaid trips for NHC DSS Mr. Eby said theNorth Carolina State budget reflects a four million dollar cut topublic transportationfunding Mr.Eby stated a decision as to which programs will get cut has not yet been made Mr. Eby said the Governor approved the regionsrequest designating the Authority asthe designated recipient of FTA5310 funds Mr. Eby explained that the goal of the FTA 5310grant program is to transition passengersfrom Paratransit services to the fixed route system through the support of projects that increase the sidewalk network, provide curb cuts, make vehicles more accessible and educate individuals on how to use the fixed route bus system He informed the board that staff was working with the WMPO to develop a program management plan to present to the Authority for distribution of § 5310 funds Mr. Eby stated that a contingency plan needs to be developed in case of a government shutdown Mr. Eby stated the Authority is working towards a contingency plan that will keep some of the priority programs operating in the event of a government shutdown Mr. Eby stated he is working with Carolina Beach officials on developing a long term funding plan for Route 301 Pleasure Island in the form of an Interlocal agreement similar to the Brunswick Consortium agreement Mr. Eby thankedMr. Tait and Ms. Batlemanfor the support of transit in Brunswick County EXECUTIVE DIRECTOR EVALUATION Mr. O’Grady made a motion to enter into closed session to discuss the Executive Director’s evaluation and salary compensation Mr. Koeppelseconded the motion and the motion carried The Authority went into closed session at 1:26 pm Following a nine minute closed session, Mr. Betz made a motion to go back into regular session Mr. Hawkins seconded the motion which carried unanimously Mr. Petroff statedthe Executive Director’s evaluation was discussed and the board was pleased with the performance of the Executive Director A motion to grant the Executive Director a six percentsalary increaseeffective July 01, 2014 was made by Mr. Betz Mr. Bryden seconded the motion which carried unanimously NEWBUSINESS Mr. O’Grady suggested the boardof directors participate in a retreatto establish a 5-10 year vision for the Authority OLDBUSINESS None ADJOURN Mr.Betzmade a motion to adjourn the August 28,2014board meeting Mr. Brydenseconded and the motion carried SCHEDULING OF NEXT MEETING The Authority’s next meetingis scheduled for September 25, 2014at 12:00 pm in the Forden Station Board Room Respectfully Submitted, Albert Eby Executive Director /kw/mm Cape Fear Public Transportation Authority PO Box 12630 Wilmington, NC 28405 910-343-0106 Fax: 910-343-8317 Purchase Order Vendor Hooks Systems 2116 Capital Dr. Suite 101 Wilmington, NC 28405 910-790-9959 Date:18-Sep-14PO #:15-0342 Ship To:Bill To: Cape Fear Public Transportation AuthorityCape Fear Public Transportation Authority 1110 Castle StreetPO Box 12630 Wilmington, NC 28401Wilmington, NC 28405 910-343-0106 For:Computer Setup Services QtyPart #DescriptionUnit CostExt cost Laptop, Desktop and Tablet Setup $2,270.00$2,270.00 Service Total cost$2,270.00 GL NumberAmountDivisionGrant Code% 13-AT-001$660FP 14-CT-052$920FP NC-90-X545$690FP Accrued Sales Tax 21400$ Sales Tax 12600$ AuthorizedEntered This instrument has been preaudited in the manner required by th Budget and Fiscal Control Act Jean M. SmithDate Director of Operations Cape Fear Public Transportation Authority PO Box 12630 Wilmington, NC 28405 910-343-0106 Fax: 910-343-8317 Purchase Order Vendor PC Connection 730 Milford Rd Merrimack, NH 03054-4631 603-683-2000 Date:18-Sep-14PO #:15-0332 Ship To:Bill To: Cape Fear Public Transportation AuthorityCape Fear Public Transportation Authority 1110 Castle StreetPO Box 12630 Wilmington, NC 28401Wilmington, NC 28405 910-343-0106 For:Computer Hardware QtyPart #DescriptionUnit CostExt cost Laptops, Desktops, and Monitors$2,678.31$2,678.31 Total cost$2,678.31 GL NumberAmountDivisionGrant Code% NC-90-X545$FP $FP Accrued Sales Tax 21400$ Sales Tax 12600$ AuthorizedEntered This instrument has been preaudited in the manner required by th Budget and Fiscal Control Act Jean M. SmithDate Director of Operations Cape Fear Public Transportation Authority PO Box 12630 Wilmington, NC 28405 910-343-0106 Fax: 910-343-8317 Purchase Order Vendor PC Connection 730 Milford Rd Merrimack, NH 03054-4631 603-683-2000 Date:18-Sep-14PO #:15-0331 Ship To:Bill To: Cape Fear Public Transportation AuthorityCape Fear Public Transportation Authority 1110 Castle StreetPO Box 12630 Wilmington, NC 28401Wilmington, NC 28405 910-343-0106 For:Computer Hardware QtyPart #DescriptionUnit CostExt cost Laptops, Desktops and Monitors$3,426.05$3,426.05 Total cost$3,426.05 GL NumberAmountDivisionGrant Code% 14-CT-052$FP $FP Accrued Sales Tax 21400$ Sales Tax 12600$ AuthorizedEntered This instrument has been preaudited in the manner required by th Budget and Fiscal Control Act Jean M. SmithDate Director of Operations Cape Fear Public Transportation Authority PO Box 12630 Wilmington, NC 28405 910-343-0106 Fax: 910-343-8317 Purchase Order Vendor PC Connection 730 Milford Rd Merrimack, NH 03054-4631 603-683-2000 Date:18-Sep-14PO #:15-0330 Ship To:Bill To: Cape Fear Public Transportation AuthorityCape Fear Public Transportation Authority 1110 Castle StreetPO Box 12630 Wilmington, NC 28401Wilmington, NC 28405 910-343-0106 For:Computer Hardware QtyPart #DescriptionUnit CostExt cost Laptops, Desktops, Monitors, $12,227.13$12,227.13 Tablets and Barcode Equipment Total cost$12,227.13 GL NumberAmountDivisionGrant Code% 13-AT-001$FP $FP Accrued Sales Tax 21400$ Sales Tax 12600$ AuthorizedEntered This instrument has been preaudited in the manner required by th Budget and Fiscal Control Act Jean M. SmithDate Director of Operations Cape Fear Public Transportation Authority PO Box 12630 Wilmington, NC 28405 910-343-0106 Fax: 910-343-8317 Purchase Order Vendor PC Connection 730 Milford Rd Merrimack, NH 03054-4631 603-683-2000 Date:18-Sep-14PO #:15-0329 Ship To:Bill To: Cape Fear Public Transportation AuthorityCape Fear Public Transportation Authority 1110 Castle StreetPO Box 12630 Wilmington, NC 28401Wilmington, NC 28405 910-343-0106 For:Computer Hardware QtyPart #DescriptionUnit CostExt cost Laptops, Desktops and Monitors$6,386.55$6,386.55 Total cost$6,386.55 GL NumberAmountDivisionGrant Code% NC-34-0002$FP $FP Accrued Sales Tax 21400$ Sales Tax 12600$ AuthorizedEntered This instrument has been preaudited in the manner required by th Budget and Fiscal Control Act Jean M. SmithDate Director of Operations Monthly Passenger Summary August 2014 Total Passengers Fixed Route JulAugJulAug 2013/20142013/2014 96,540124,92790,75899,478 2014/20152014/2015 94,390128,37888,831101,346 ChangeChange -2.23%2.76%-2.12%1.88% Seahawk Shuttle Paratransit 6,000 5,000 - 4,000 3,000 2,000 1,000 0 JulAug JulAug 2013/2014 2013/2014 82320,429 4,9595,020 2014/2015 2014/2015 45322163 5,1064,869 Change Change -44.96%8.49% 2.96%-3.01% Passengers by Route June 2015 Fixed Route PassengersTransfers No. Name 101Princess Place15,5862,196 103Oleander East6,086997 104Northeast5,230862 105Medical Center7,115885 106Shipyard Blvd5,966766 107College Road2,409322 108Market Street5,370640 201Carolina Beach Road8,981984 202Monkey Junction6,413668 203Trolley5,214 204Brunswick Connector1,957214 205Longleaf Park7,248713 207North2,927468 209Independence7,207756 301Pleasure Island1,122 TOTAL 88,83110,471 UNCW 701Blue 712Teal 702Green 703Red 704Yellow 711Yellow Express193 705Loop 706Point to Point 707Red Express 166 709Loop Express 94 UNCW Total 453 Para-Transit Services ADA Passengers 1,275 Non-ADA Passengers 3,831 Para-Transit Total 5,106 TOTAL PASSENGERS 94,390 FIXED ROUTEMONTHLYFiscal Year to Date This Month % Change Ridership Statistics Current% ChangeCurrentPrior Last Year Total Fixed Route Passenger Trips 123,509 119,9073.00% 212,793 211,4880.62% Operating Statistics - Fixed Route PARATRANSITMONTHLYFiscal Year to Date This Month % Change Ridership Statistics Current% ChangeCurrentPrior Last Year Total Paratransit Passenger Trips4,8695,020-3.01%9,9759,8281.50% Operating Statistics - Paratransit WavePool Special Services Cape Fear Public Transportation Authority Statement of Operating Position Date : 7/1/2014 - 8/31/2014 Budget Scenario : 2015 (1) (Board Adopted Original) Annual ActualBudget Variance17% GL account Operating revenues Farebox revenues164,446205,333(40,887)13.35%1,232,000 Passes30,63340,000(9,367)12.76%240,000 Contracted services Fixed Route41,50570,000(28,495)9.88%420,000 Para-Transit115,762115,08367916.76%690,500 Total: Operating revenues352,346430,417(78,071)13.64%2,582,500 Nonoperating revenues Subsidies Federal grants237,601559,232(321,631)7.08%3,355,394 State grants-142,492(142,492)0.00%854,950 Subsidy from primary government City of Wilmington1,285,000214,1671,070,833100.00%1,285,000 New Hanover County-45,833(45,833)0.00%275,000 Subsidy from other governments91,87515,31376,563100.00%91,875 Local Government Pledged to Capital-(7,550)7,5500.00%(45,300) Other Income25,07912,09812,98134.55%72,587 Total: Subsidies1,639,555981,584657,97127.84%5,889,506 Total: Revenues and Subsidies 1,991,9011,412,001579,90023.51%8,472,006 Operating expenses Salaries and wages Fixed Route393,256527,790134,53412.42%3,166,740 Para-Transit83,39291,9738,58115.11%551,838 Taxes and benefits Taxes34,70147,91313,21212.07%287,479 Benefits127,014163,47136,45712.95%980,823 Fuels and lubricants136,652203,04766,39511.22%1,218,283 Maintenance43,92685,00041,0748.61%510,000 Tires8,11523,33315,2185.80%140,000 Communications & Utilities11,36222,11710,7558.56%132,700 Professional services65,26970,9115,64215.34%425,466 Other services5,93513,9177,9827.11%83,500 Insurance Liability & Property118,55344,663(73,890)44.24%267,979 Auto90,16049,512(40,648)30.35%297,071 Worker Comp32,47632,4901416.66%194,942 Office supplies and expenses2,0276,8504,8234.93%41,100 Marketing5,0137,7172,70410.83%46,300 Other expenses7,79321,29813,5056.10%127,785 Total: Operating expenses 1,165,6441,412,001246,35713.76%8,472,006 Net Results 826,257 Fund Balance Contributions City of Wilmington157,822157,822-157,822 New Hanover County-157,822(157,822)157,822 Total: Fund Balance Contributed157,822315,644157,822315,644 Cape Fear Public Transportation Authority Operations Center Project Update September 2014 Construction Compressed Natural Gas (CNG) Fueling Station Change Orders/Purchase Orders Budget The CapeFearPublic Transportation Authority Title VI Program September 25, 2014 Table ®¥ Contents Sect¨® itl¤ 6) Progra¬ /µ¤±µiew 1. Introduction 1. Progra¬ /bjectives 1. 0´±¯ose Sect¨® gislat¨® £ Guidance 3¤¢³¨® itl¤ 6) ! «¸sis £ -ethodology Sect¨® Policy Sta³¤¬¤³ Sect¨® mpl ¨³ 0rocess 5. &¨«¨¦ #®mpl ¨³ 5. Titl¤ 6) #®mplaints Sect¨® bl¨¢ )µolve¬¤³ Plan 0´blic Me¤³¨¦² 6. 0´¡«¨¢ Notifications 0´blic )vo«µ¤¬¤³ 0±®ce²² ! '¤nera« 0´¡«ic Re« ³¨®² B. Events C. 3´±µ¤ys D. 0´blic (earings E. #®mmunit¸ Infor¬ ³¨® Meetings F. Direct -arketin¦ an£ Educati® Pla %valuation 6. 4rackin¦ %ffor³² and 3uccess Sec³¨® it«¤ 6) #¤rtification £ !²²´rance Sect¨® %vironment « ! «ysis ®¥ #®²³±´¢³¨® 0ro©¤¢³² Section 1: 4¨³«¤ VI Pro¦± ¬ Overview Introduction Wave Transit’s Title VI Program consists of two components: Title VI, inclusive of environmental justice, and the process for public involvement. Although separate, environmental justice and public involvement complement one another in ensuring fair and equitable distribution of transportation servicesand facilities. Public participation is essential to thesuccess of any public planning programor project. Without the involvement of local citizens, it is difficult to design a program that meets the needs of the public or to gauge the project’s success. Effective public involvement not only provides transportation officials with new ideas, but it also alertsthem to potential environmental justice concerns during the planning stagesof a project. Thesereasons, combined with a nationalhistory of discrimination against persons on the basis of race, color, ethnic origin, age, sex, disability, religion and economic status, has led federal and state governments to setrequirements to ensure equity of public involvement in federally funded agencies and their associated organizations. Program /¡©¤¢³¨ves The objectives of the Title VI Program are indicated as follows: 1. Comply with the public involvement and environmental justice requirements of the Federal and Stateregulations. 2. Avoid, minimize, or mitigate disproportionately high and adverse human health and environmental effects, including social and economiceffects, on minority populations and low-income populations. 3. Provide specific opportunities for local citizens and citizen-based organizations to discuss their views and provide input on the subject areas addressed in plans, projects or policies of. 4.Ensure full and fair participation by all potentially affected communities in the transportation decision-making process. 5. Inform and educate citizens and other interested parties about ongoing Wave Transit planning activities, and their potential role in those activities. 0´rpose The principle of environmental justice in transportation planning ensuresthattransportation projects do not have a disproportionately negativeimpact on minority and low-income populations. Theobjective is to achieveenvironmentaljustice protection for allcommunities. Withrespect to transportation, Title VI means assessing the nature, extent, and incidence of probable impacts, both negative and positive, from any transportation-related activity on minority, low-income and other disadvantaged populations. Section 2: ,¤gisl ³¨® £ Guidance Title VI of the Civil Rights Act of 1964 created a foundation for future environmental justice regulations. Sincethe establishment of Title VI, environmental justice has been considered in local, state, and federal transportation projects. Section 42.104 of Title VI and related statutes require Federalagencies to ensure that no person isexcluded from participation in, denied the benefit of, or subjected to discrimination under any program or activity receiving Federal financial assistance on the basis of race, color, national origin, age, sex, disability, or religion. The National Environmental Policy Act of 1969 (NEPA) addresses bothsocial and economic impacts of environmentaljustice. NEPA stresses the importance ofproviding for “all Americans safe, healthful, productive, and aesthetically pleasing surroundings”, and provides a requirement fortaking a “systematic, interdisciplinary approach” to aid in considering environmental and community factors in decision making. The CivilRights Restoration Act of 1987 further expanded Title VI to include all programs and activities ofFederal aid recipients, sub-recipients, and contractors whether those programs and activities are federally funded or not. On February 11, 1994, President Clinton signed ExecutiveOrder 12898 :Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations. This piece of legislation directed every Federalagency to make Environmental Justice part of its mission by identifying and addressing all programs, policies, and activities that affect human health or the environment so as to identify and avoid disproportionately high and adverse effects on minority populations and low-income populations. Rather than being reactive, Federal, State, local and tribal agencies mustbe proactive when it comes to determining better methods to serve the public who rely on transportation systems and services toincreasetheir quality of life. Executive Order 12898 In April 1997, as areinforcement to, the United States Department of Order on Environmental Justice (DOTOrder 5610.2), Transportation (DOT)issued an which ExecutiveOrder 12898 summarized and expanded upon the requirements of to include all policies, programs, and otheractivities that are undertaken, funded, or approved by the Federal Highway Administration (FHWA), the FederalTransit Administration (FTA), or other U.S. DOT components. FHWA Actions to AddressEnvironmental Justice In December 1998, the FHWA issued the in Minority Populations and Low-Income Populations (DOTOrder 6640.23) which ExecutiveOrder mandated the FHWAand all its subsidiaries to implement the principles of 12898U.S. DOTOrder 5610.2 and into all of its programs, policies, and activities. Implementing TitleVI On October 7, 1999, the FHWAand the FTA issued a memorandum Requirements inMetropolitan and Statewide Planning . This memorandum provides clarification for field offices on how to ensure that environmental justice is considered during current and future planning certification reviews.The intent of this memorandum was for planning officials to understand that environmental justice is equally asimportant during the planning stages as itis during the project development stages. Sec³¨® 3: 4¨³«¤ 6) ! «¸²¨² £ -¤³§odology The geographic basis for Title VI analysisis based on U.S. 2010 Census data and U.S. Census data 2005-2009 American Community Survey. For purposes of Title VI analysis, itis desirable to make the analysis on the smallest geographic unit available for which informationis obtainable for allrelevantgroups. Wave Transit has identified six (6) relevant groups for Title VI analysis asdescribed below: 1. Low-income 2.Federal AssistanceRecipients 3. Minority 4. Elderly 5. Low literacy/English proficiency or Englishspoken as a second language 6. Disabled populations Following the identification of the relevant groups for analysis, the nextstep undertaken was to identify the general distribution of each Title VI population group throughout the Wave Transit service area and then define where each group is most concentrated. Datafrom the U.S. Census, the Wilmington Urban Metropolitan Planning Organization, and other local non-profitagencies is used and will continue to be used to identify the target groups mentioned above. Section licy Statement It is the policy of Wave Transit to provide equal opportunity to all people who are admitted to, participate in, or are the recipients of Wave Transit services. As arecipient of federal financial assistance, Wave Transit does not exclude, deny benefits to, or otherwise discriminate against any person on the grounds of race, color, religion, sex, national origin, or on the basis of disability orage in admission to, participation in, orreceipt of the services and benefits of any of its programs and activities or in employment therein, whether carried out by Wave Transit directly or through a contractor or any other entity with whom Wave Transit arranges to execute its programs andactivities. This statement is in accordance with the provisions of Title VI of the CivilRights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, Americans with Disabilities Act of 1990, and Regulations of the U.S. Department of Health and Human Servicesissued pursuant to the acts, Title 45 Code of FederalRegulations Part 80, 84, and 91. (OtherFederal Laws and Regulations provide similar protection against discrimination on grounds of sex and creed.) *Please also see policy statementexecuted by the Executive Director* Section 5: #®mplaint Process &iling #®¬¯laint In case of questions concerning this policy, or in the event of a desiretofile a complaint alleging violations of the above, please contactWave Transit at 910-343-0106. You may also find more information on filing a Title VI Complaint using our Complaint Policy/Form. Acopy of Wave Transit’s Complaint Policy/Formcan be obtained through the website at:www.wavetransit.com. All Title VI complaints are investigated, resolved and tracked by the acting Civil Rights Officer, the Director of Planning and Development. 4itle 6) #®¬¯laints To date, Wave Transit has not conducted any investigations, received any complaints, or been involved in any Title VI lawsuits. Title VI complaints, should any be brought forth against Wave Transit, will be investigated and tracked through appropriate procedures as outlined in the Complaint Policy/Form. Section Plan Wave Transit will coordinate with individuals, institutions, and/or organizations to reach out to members in the affected minority/low-income communities. Opportunities for public participation will be provided through means other than written communication. 0´¡«¨¢ -eetings The following stepswill be taken to ensure Wave Transit public meetings are accessible forall: All Public meetings will be held in convenient and accessible locations and facilities. Meeting material willbe available in a variety of formats upon previous request. A variety of advertising means will be used to inform themedia of public meetings. Assistance to persons with disabilities will be available upon previous request. 0´blic .®³¨¥¨¢ ³¨®ns Wave Transit will provide notice to the public of our TitleVI obligations on schedule and route brochures,which are disseminated, to the public throughout our service area. The Title VI Policy will be posted to the website and on all fixed route vehicles. 0´¡«¨¢ )volvement 0±ocess The main objectives of the Public Involvement Process are to: 1. Comply with the public involvement and environmental justice requirements of the Federaland Stateregulations, and provide specific opportunities forlocal citizens and citizen-based organizations to discuss their views and provide input on the subject areas addressed in plans, projects or policies of Wave Transit, and; 2. Inform and educate citizens and other interested parties about ongoingWave Transit planning activities, and their potential role in those activities. 3. Work with other local and state organizations that have similar goals and requirements. 4. Study other transit organizations that have been successful in public participation efforts. Experience has shown difficulty in reaching a large span of the population and keeping them involved. Federal and State regulations require us to provide the public with information and to reach out and include traditionally under-served populations. Outlined below are several outreach tools that will be used to ensure we are complaint with Federal and State requirements for inclusion of populations under-served. ! '¤nera« 0´¡«ic 2¤lations General public relations may be defined asany actionthat might reach any citizen, whether or not that citizen has specific interest or knowledge regarding transportation planning. This group of techniques includesthe followings: announcements targeted at newspapers, radio and television; posters or pamphlets displayed in public places; and signs posted near future or current transportation projectsites. Meetingsor hearingsthat are held in public places and covered by the mediacanact as general public relations. These techniques are ways to keep the general public aware of the presence of the planning organization and the status of specific projects so that they may develop an interest and choose to become better informed or actively involved. B. Events There are a broad variety of ways to educate and engage the public. In general, the earlier public involvement is sought, the better. It is alsoabetter use of citizens’ free time to participatein a process that will determine the direction of a project thatmay take years to complete. Citizens may get frustrated when they are invited to join late inthe process - when the values and goals have already been decided and the details have been hammered out. The following tools are arranged from most participatory to least. SpecialEvents are held to bring attention to a specific activity or issue. Special events may take the form of a fair or special educational lecturewith civic groups or other public entities. Special events are a way to expose a large number of people to a project or program. C. 3´±µ¤ys Conducting surveys is an efficient method of gathering input from a large number of people at anearly stage of the planning process. This is particularly useful when trying to understand the goals and aspirations of a community before attempting to address any specific problems. As an outreach tool, surveys are a good way to identify citizens who may want to become further involved. Surveysmay be administered in person or on the phone or distributed via mail, on the Internet, orat public places.A labor intensive activity, the implementation of a survey might be aided by volunteers and student interns. D. 0´blic (earings Public hearings are usually held when Wave Transit has completed a plan orstudy or is applying for federal grant funds and needs to present it for public review before moving forward. As with all of these tools, care must be taken to ensurethat the public is made fully aware of theevent well in advance and the goals and values of the plan are clearly stated. E. #®mmunit¸ Infor¬ ³¨® Meetings Communitymeetings are held to discuss programs, future plans, and activities within the local area. Informationalmeetings are held to encourage the general public to discuss specific needs. F. Direct -arketin¦ an£ Education Direct marketing and education is meant to reach out and provide specific information to specific parties. For example, landowners or leaders of an ethnic community may be sought out and personally invited to come to a meeting. Similarly, lower income groups may be specifically targeted to beeducated about their rights, or children or familiesmay be targeted to begin a discussion on a specific program. Direct marketing and education can take place through direct mailings, radio, the localgovernment television channel, press advertising, or through meetings with specific groups of people such as local clubs and associations, neighborhood groups, property owners, housing authorities, etc. Itcan also be through direct phone calls or meeting with key people who desire to participateina given process. This is the most labor intensive and potentially most fruitful way to create a diverse and active public participation process. Pl %µ «´ ³¨® Evaluation of the successof any public involvement effort must be result-oriented. It is neverwise to assume that just because people do not come to an event that they are uninterested in the project. The goal is to educate and include the public at all levels of planning, not just to invite them. Evaluation, then, must be two-fold. The first part is to track whatefforts are being made, and the results of those efforts, and the second part is to make regular assessments of the success of a technique within a given program, and to strategize for future successes. 4racking %¥fo±³² nd 3´ccess Inorder to track our public participation efforts,it is necessary for efforts to be recorded and retained forrecord. Wave Transit employs the following tracking mechanisms: 1. A detailed logof outreach activities is kept. 2. Copies of print ads and transcripts of any public service announcements are retained for record. 3. Detailed notesaretaken and analyzed afterevery meeting. Sec³¨® ic ³¨® £ Assurance Cape Fear Public Transportation Authority (dba. Wave Transit) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the CivilRights Act of 1964 (42 U.S.C. 2000d etseq.) and all requirements imposed by 49 CFR Part 21, - Nondiscrimination in Federally Assisted Programs of the Department of Transportation – Effectuation of Title VI of theCivilRights Act of 1964 (hereinafter referred to as the “Regulations”)to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity forwhich the applicant receivesFederal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, Wave Transit agrees to the following: 1. Each “program” and “facility” (asdefined in Sections 21.23(e) and 21.23(b)) will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the clauses of this assurance in every contract subject to the Act and the Regulations. 3. Where Federal financial assistance is receivedto construct a facility, or part of a facility, the assurance shall extendto the entire facility and facilities operated in connection therewith. 4. Where Federal financial assistance isin the form or for the acquisition of real property or an interestin real property, the assurance shall extendto rights to space on, over, or under such property. 5. It will include the appropriate clauses set forth in this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the sponsor with other parties: (a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this Project;and (b)forthe construction or use of or access to space on, over, or under real property acquired or improved withFederal financial assistance under this Project. 6. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interesttherein or structures or improvements thereon, in which case the assurance obligatesthe sponsor or any transferee forthe longer of the following periods. (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b)the period during which the sponsor retains ownership or possession of the property. 7. It will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he delegates specific authority to givereasonable guarantee that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors ininterest, and other participants or Federal financial assistance under such program will comply with allrequirements imposed or pursuant to the Act, the Regulations, and this assurance. 8. Itagrees that the United States has a right to seek judicial enforcementwith regard to any matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance and is binding on its contractors, the sponsor, subcontractors, transferees, successors in interest and other participants in the Project. The person or persons whose signatures appearbelow are authorized to sign this assurance on behalf of the recipient. Adopted ataregular meeting on: By: September25, 2014 Jeff Petroff, Chairman Attest: Don Betz, Secretary (seal) *Annual Certifications and Assurances are posted annually in TEAM as required* Section Analysis ®¥ Projects Cape Fear Public Transportation Authority (dba. Wave Transit)shall integrate an environmental justice analysisinto their National Environmental Policy Act(NEPA) documentation of construction projects of which require NEPA. If a Categorical Exclusion (CE) is performed, Wave Transit shall complete the FTA’s standard checklist which includes a section on community disruption and environmental justice. While preparing an Environmental Assessment (EA) orEnvironmental ImpactStatement (EIS), Wave Transit shallintegrate into their documents, the following: 1. A description of the low-income and minority population within thestudy area affected by the project, and a discussion of the method used to identify this population; 2. A discussion of all adverseeffectsthat would affect theidentified minority and low- income population. 3. A discussion of allpositive effectsthat would affect theidentified minority and low- income population; 4. A description of allmitigation and environmental enhancement actions incorporated into the project to address the adverse effects,including, but not limited, any special features of the relocation program that go beyond therequirements of the Uniform Relocation Act and address adverse community effectssuch as separation or cohesion issues, and the replacement of the community resourcesdestroyed by the project, if applicable; 5. A discussion of the remaining effects, if any, and why further mitigation is not proposed; and 6. For projectsthat traverse predominantly minority and low-income and predominantly non-minority and non-low-income areas, a comparison will be completed of mitigation and environmental enhancement actions between the two stated areas. If there is no basis forsuch a comparison, Wave Transit shall describe why this is so. Cape Fear Public Transportation Authority Limited English Proficiency (LEP) Plan Updated September 25, 2014 4 ¡«¤ ®¥ #®³¤³² Section 1: Introduction ................................................................ 2 1.1 Purpose ................................................................ 3 1.2 Executive Order 13166 ................................................................ 3 Section 2: Plan Summary ................................................................ 3 Section 3: Meaningful Access: Four-Factor Analysis ................................................................ 3 Section 4: Language Assistance Measures ................................................................ 4 Section 5: Staff Training ................................................................ 4 Section 6: Translation of Documents ................................................................ 5 Section 7: Monitoring and Updating the LEP Plan ................................................................ 5 Section 8: Point of Contact ................................................................ 5 CFPTA LEP Plan (Rev. 000-001) 2 3¤¢³¨® 0´±¯®²¤ Limited English Proficiency Plan %·¤¢´³¨µ¤ /±£¤± Improving Access to Services for Persons with Limited English Proficiency, 3¤¢³¨® Sectio 1. The number or proportion of LEP persons in the service area who may be served or are . likely to require Authority services CFPTA LEP Plan (Rev. 000-001) 3 2. The frequency with which LEP persons come in contact with Authority services and programs. 3.The nature and importance of services provided by the Authority to the LEP population. 4.The resources available to the Authority and overall cost to provide LEP assistance. 3¤¢³¨® 3¤¢³¨® CFPTA LEP Plan (Rev. 000-001) 4 All contractors or subcontractors performing work for the Authority will be required to follow the Title VI/LEP guidelines. 3¤¢³¨® 3¤¢³¨® 3¤¢³¨® CFPTA LEP Plan (Rev. 000-001) 5 Mailing Address CFPTA LEP Plan (Rev. 000-001) 6 CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY (d.b.a. WAVE TRANSIT) TITLE VI POLICY STATEMENT It is the policy of the Cape Fear Public Transportation Authority (d.b.a. Wave Transit) to ensure compliance with Title VI of the Civil Rights Act of 1964; 49 CFR, Part 21; related statutes and regulations to ensure no person in the United Stated States shall, on the grounds of race, color, or national origin be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance from the United States Department of Transportation. All operations of the Cape Fear Public Transportation Authority will abide by these regulations. ____________________________ _________________ Albert Eby, Executive Director Date Any person who believes he or she has been discriminated against should complete a Title VI Complaint Form. A copy of the Title VI Complaint Form can be found on the website at: www.wavetransit.com or can be requested from the office by calling (910) 343-0106. Completed complaint forms can be submitted to the following address: Wave Transit Attn: Civil Rights Officer P.O. Box 12630 Wilmington, NC 28405