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Agenda 09/24/2013 Item #16D 6 9/24/2013 16.D.6. EXECUTIVE SUMMARY Recommendation to approve a Resolution superseding Resolution No.2009-233 to adopt the Collier Area Transit Public Participation Plan. 11 OBJECTIVE: To adopt a public participation plan that ensures that the public is kept informed of Collier Area Transit activities and provided an opportunity to participate in the development and review of public transit policy. CONSIDERATION: The Public Participation Plan identifies a proactive public involvement process for the development of plans and programs of the Collier Area Transit (CAT) system. This process provides for complete information,timely public notice, full access to key decisions and early and continuing involvement of the public. The obligation to provide information and consider public input in decision-making was made explicit by the Intermodal Surface Transportation Efficiency Action of 1991 and has carried through subsequent Federal legislation including the most recent transportation bill, Moving Ahead for Progress in the 21st Century(MAP-21), 23 U.S.C. § 101,PL 112-141. On October 1, 2009, Collier County Alternative Transportation Modes (ATM) staff brought forth a resolution to adopt the Metropolitan Planning Organization's (MPO) Public Involvement Plan (PIP) in order to comply with Federal Transit Administration's (FTA) public involvement requirements. During CAT's last FTA triennial review, it was determined that the MPO's PIP did not provide the specificity required for transit documents. ATM staff advised FTA it would continue to work with the MPO at their next PIP update to revise the plan to ensure compliance with FTA's guidelines. The MPO recently amended its PIP to make the document more concise and user friendly but elected not to include the transit component in its plan. As a result, Collier County ATM established its attached separate public participation plan for Collier Area Transit that complies with FTA public involvement requirements. FISCAL IMPACT: There is no fiscal impact with this item. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board approve the attached proposed Resolution superseding Resolution 2009-233 to adopt the Collier Area Transit Public Participation Plan. Prepared by: Trinity Scott,Public Transit Manager, Alternative Transportation Modes Attachments: 1)Resolution; 2) Transit Public Participation Plan Packet Page-1746- 9/24/2013 16.D.6. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.6. Item Summary: Recommendation to approve a Resolution superseding Resolution No. 2009-233 to adopt the Collier Area Transit Public Participation Plan. Meeting Date: 9/24/2013 Prepared By Name: Scott Trinity Title: VALUE MISSING 8/23/2013 6:11:07 PM Submitted by Title:VALUE MISSING Name: ScottTrinity 8/23/2013 6:11:08 PM Approved By Name: ArnoldMichelle Title: Director-Alt Transportation Modes,Alternative Tr Date: 9/6/2013 11:26:20 AM Name: AlonsoHailey Title: Operations Analyst,Public Service Division Date: 9/6/2013 3:45:39 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 9/6/2013 4:34:21 PM Name: CarneliSteve Title: Purchasing/General Services Director Date: 9/10/2013 3:12:50 PM Name: KlatzkowJeff Packet Page-1747- 9/24/2013 16.D.6. Title: County Attorney Date: 9/11/2013 2:53:20 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 9/13/2013 12:17:59 PM Name: OberrathKaren Title: Senior Accountant, Grants Date: 9/13/2013 3:50:53 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 9/16/2013 2:02:21 PM Packet Page-1748- 9/24/2013 16.D.6. RESOLUTION No. 2013 RESOLUTION SUPERSEDING AND REPLACING RESOLUTION NO. 2009-223, WHICH ADOPTED THE COLLIER METROPOLITAN PLANNING ORGANIZATION'S PUBLIC INVOLVEMENT PLAN, AND ADOPTING THE COLLIER AREA TRANSIT PUBLIC PARTICIPATION PLAN. WHEREAS, the Board of County Commissioners receives Federal financial assistance from the Federal Transit Administration (FTA) and, as a condition of continuing to receive such assistance,must comply with Title 49, section 5307 of the Code of Federal Regulations; and WHEREAS, on October 1, 2009, the Board adopted Resolution 2009-223, which adopted the Collier Metropolitan Planning Organization's(MPO)Public Involvement Plan; and WHEREAS, on May 9, 2013, the Alternative Transportation Modes (ATM) Director provided comments on the MPO's draft Public Participation Plan, specifically requesting that amendments be made to ensure satisfaction of the requirements for the FTA Program of Projects; and WHEREAS, on June 14, 2013, the MPO Board adopted a revised Public Participation Plan, which FTA later indicated needed further revision to meet its public involvement requirements for the Program of Projects; and WHEREAS, on July 16, 2013, ATM staff provided a draft public participation, which includes a Iimited English proficiency plan (collectively, the "Public Participation Plan"). to the Collier County Public Transit Ad Hoc Advisory Committee for review; WHEREAS, on July 18, 2013, ATM staff placed the Public Participation Plan out for public inspection and input for the required 45-day comment period; and WHEREAS, on August 20, 2013, the Collier County Public Transit Ad Hoc Advisory Committee unanimously endorsed the Collier Area Transit Public Participation Plan; and NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY THAT: 1 Packet Page-1749- 9/24/2013 16.D.6. The Board of County Commissioners hereby approves and adopts the Collier Area Transit Public Participation Plan. This Resolution adopted this day of , 2013 after motion, second and majority vote in favor of passage. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: y Georgia A. Hiller, Esq. Chairwoman Deputy Clerk Approved as to form and legal sufficiency: Bv: �r r .G.r Scott R. Teach Deputy County Attorney 2 Packet Page-1750- 0 9/24/2013 16.D.6. A-, .,. .., Collier rcTransit Publ i c Participation Plan ,,, ,.. .- k d t Ilik i t ,5. ......00iiiit.. m r ® +- i 141,/t N, Packet Page -1751- 9/24/2013 16.D.6. Collier Area Transit(CAT) Public Participation Plan • Table of Contents Acronyms 3 Purpose 4 Background 4 Public Participation Goals and Public Involvement Tools Evaluation 4 Public Outreach Techniques 6 Limited English Proficiency Plan (LEP) 6 Transit Advisory Network(TAN) 7 Website 7 Media Coverage 7 Public Hearings 7 Public Workshops 7 Brochures 7 Public Transit Ad-Hoc Advisory Committee and Advertisement Requirements 8 Public Participation Plan 8 Title VI Program 9 Fare Modifications 9 Service Reductions 9 Service Expansions 9 Disadvantaged Business Enterprise Program and Goal Setting I0 Program of Projects I0 Comprehensive Operational Analysis 10 Transit Development Plan (Major Update) I Transit Development Plan (Minor Update) 11 Transit Priorities I Appendix I 12 Limited English Proficiency Plan 12 Appendix 2 24 45 Day Public Involvement Process for Transit Plans& Programs 24 Appendix 3 26 30 Day Public Involvement Process for Transit Plans& Programs 26 Appendix 4 28 15 Day Public Involvement Process for Transit Plans& Programs 28 Packet Page-1752- 9/24/2013 16.D.6. Collier Area Transit(CAT) Public Participation Plan t Acronyms ATM —Alternative Transportation Modes BCC—Board of County Commissioners CAT—Collier Area Transit CFR—Code of Federal Regulations COA—Comprehensive Operational Analysis DBE—Disadvantaged Business Enterprise DOT—Department of Transportation FDOT—Florida Department of Transportation FHWA—Federal Highway Administration FTA—Federal Transit Administration FY—Fiscal Year ISTEA—Intermodal Surface Transportation Efficiency Act of 1991 LEP—Limited English Proficiency MAP-2 I —Moving Ahead for Progress in the 21st Century MPO—Metropolitan Planning Organization POP—Program of Projects PPP—Public Participation Plan SAFETEA—Safe, Accountable, Flexible and Efficient Transportation Equity Act SAFETEA-LU—Safe,Accountable, Flexible and Efficient Transportation Equity Act, a legacy for users TAN—Transit Advisory Network TDP—Transit Development Plan TDSP—Transportation Disadvantaged Service Plan TEA-2 I —Transportation Equity Act for the 21st Century Packet Page -1753- ? ' .,.^.. 9/24/2013 16.D.6. - Collier Area Transit (CAT) Public Participation Plan ' Aloft Purpose The Public Participation Plan (PPP) identifies a proactive public involvement process for the development of plans and programs of the Collier Area Transit (CAT) system. This process provides for complete information, timely public notice, full access to key decisions and early and continuing involvement of the public. The obligation to provide information and consider public input in decision-making was made explicit by the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA). This strong federal emphasis on public involvement was continued in the Transportation Equity Act for the 21st Century (TEA-21) in 1998, continued in the Safe, Accountable, Flexible and Efficient Transportation Equity Act (SAFETEA), sustained in the Safe, Accountable, Flexible and Efficient Transportation Equity Act, a legacy for users (SAFETEA-LU) and finally through Moving Ahead for Progress in the 21st Century (MAP-21). The true test of a successful public involvement plan is the level of public awareness and feedback. Too often, public participation does not occur until after the community-at-large becomes aware of an unpopular decision, at which point large citizen efforts become necessary to change decisions after the fact. A planning process that involves the average citizen early makes the public a participant in any decision that is ultimately made. CAT previously adopted the Collier Metropolitan Planning Organizations (MPO) Public Participation Plan. However, with recent amendments of the MPO Plan which did not include a transit component, it became necessary for CAT to establish its own plan. Background Public transportation services for the over 333,000 citizens living in Collier County, Florida are provided through Collier Area Transit (CAT). The Collier County Alternative Transportation Modes (ATM) Department is responsible for planning, operating, and managing CAT public transportation services through a contract operator. CAT currently operates ten fixed-route bus routes as well as paratransit service within unincorporated Collier County, the City of Naples, Marco Island, and Immokalee. Since inception in 2001, CAT's annual ridership has increased from just fewer than 100,000 trips in 2001 to over 1.2 million trips in FY2012. Over roughly the same time period, from 2000 to 2010, the population in the county has grown by approximately 28 percent. Public Participation Goals and Public Involvement Tools Evaluation The effectiveness of any program and policy plan depends upon its success in meeting the expectations of the public. Further, plans and programs need to be reassessed periodically to determine if the public's evolving needs and expectations are adequately provided for through the plan. In order to ensure that this occurs, the public must be kept informed of activities, and Packet Page-1754- 9/24/2013 16.D.6. Collier Area Transit (CAT) Public Participation Plan must be given a meaningful opportunity to participate in the development and review of public policy. Thus it is important to have an ongoing program to involve citizens through the use of the public transit ad hoc advisory committ ee, public workshops, press releases and other public outreach activities. The public participation goal of CAT is to provide complete information, timely public notice, and full access to key decisions during the planning process; and to support early and continuing involvement of the public. PUBLIC EVALUATION PERFORMANCE METHODS TO INVOLVEMENT CRITERIA GOAL(S) MEET GOAL(S) TOOL Public Participation Annual report to Statistical increase in Update the PPP as Plan indicate if the PPP overall PPP needed to incorporate reflects the practices evaluation score. the improvement and effectiveness of strategies resulting CAT. from the public involvement evaluations. Transit Advisory Number of returned Maximum of 2% Make immediate Network items return rate per corrections when mailing. items are returned. Developing Number of Increase number of Attend festivals, Community community meetings community meetings special events, Knowledge of CAT attended attended. lectures, etc. Press Releases Number of press Minimum of 15 Encourage publication releases submitted per advertisements per of press releases in year year. order to keep the public and media informed of CAT activities. Small Group Calls, letters, etc.; N/A. These meetings ATM & CAT staff Meetings Meet the expectations are held at the request will be available in a of the group of affected groups. timely manner to hold small group meetings regarding any CAT activity or issue. The meeting should be formatted to provide specific information requested by the group and should highlight issues that are interest to the group. Packet Page -1755- Trzypziretziw 9/24/2013 16.D.6. Collier Area Transit(CAT) Public Participation Plan Public Transit Ad Hoc Calls, letters, etc.; Monitor committee ATM staff will Advisory Committee Attendance member attendance encourage appointed and contact the BCC members to attend for direction if committee meetings. members do not meet Lack of attendance the specific may indicate the need attendance to replace that requirements of the committee member. adopted bylaws. CAT Logo Call, letters, etc. Recognition of the The CAT logo should logo. be used on all CAT products and publications and materials for all CAT sponsored activities. Take Ones Number of Take Ones 100%of all releases ATM &CAT staff Posted on Buses posted on buses. shall post the releases to ensure that the riders are informed of CAT activities. Public Outreach Techniques Collier County ATM staff uses several different techniques for public outreach. Listed below are the techniques currently being pursued: Limited English Proficiency Plan (LEP) The intent of the CAT Limited English Proficiency Plan is to ensure access to the planning process and information published by CAT where it is determined that a substantial number of residents in the planning area do not speak or read English proficiently. The production of multilingual publications and documents and/or interpretation at meetings or events will be provided to the degree that funding permits based on current laws and regulations. The LEP is included in Appendix 1. Packet Page-1756- 9/24/2013 16.D.6. Collier Area Transit (CAT) Public Participation Plan ,r fY 'u9�F Transit Advisory Network (TAN) The Collier County ATM staff maintains a Transit Advisory Network(TAN) which includes, but is not limited to the following individuals: 1. Elected officials 2. Local Government staff 3. Individuals expressing an interest in transportation planning activities. 4. Local media 5. Minority publications and/or other media outlets, when and where available 6. Homeowner's Associations 7. Civic groups 8. Collier County Libraries Collier ATM staff shall, when feasible, electronically distribute announcements/invitations to the TAN for upcoming activities. Website Collier County staff shall maintain a website for the transit system. The website shall, at a minimum, contain the following information: 1. Contact information(mailing address,phone, fax and email) 2. Meeting calendar 3. Routes & Schedule 4. Work products and publications 5. Comment/Question Forms Media Coverage Collier County ATM staff submits legal ad notices as required for plans and programs. Legal ads are submitted to the Naples Daily News, the newspaper of general circulation in Collier County. When applicable, legal ads are also submitted to Nuevos Ecos, a bi-weekly publication. Public Hearings Public hearings will be held as required by Federal, State or local laws. The public hearing may be held as part of a regularly scheduled Board of County Commissioners (BCC), Metropolitan Planning Organization(MPO) Board or Public Transit Ad Hoc Advisory Committee meeting. Public Workshops Public workshops may be held prior to the adoption of a plan or program or may be held to gain input on the transit system. Brochures Collier County ATM staff distributes information brochures about the transit system to local jurisdictions, local libraries, Chambers of Commerce, etc. Packet Page-1757- 1 ;if erewrzomMsa 9/24/2013 16.D.6. - Collier Area Transit(CAT) Public Participation Plan Auk Social Media Collier County ATM staff will work toward distributing information about the transit system to the public via social media. Public Transit Ad-Hoc Advisory Committee and Advertisement Requirements On February 26, 2013, the Collier County Board of County Commissioners (BCC) adopted a resolution creating the Public Transit Ad-Hoc Advisory Committee. The purpose of this committee is to provide input to staff to assist in identifying ways to improve the transit system, serve as advocates for the system and make recommendations to the Board of County Commissioners in matters related to transit policies, issues, programs and plans to provide mass transit services to the citizens of Collier County. The duration of this advisory committee is one year from the date of its first meeting. The committee consists of: • 9 voting members o 8 representatives from large employers, health care related services, social services, and transportation and planning professionals. A minimum of 2 of the representatives must be passengers of the system. o 1 representative appointed by the Collier County School Board Staff will strive to have a press release published a minimum of seven days prior to the meeting. The press releases will also be posted on all buses. Agendas will be mailed or emailed to committee members and interested parties a minimum of 7 days prior to the meeting. Public Participation Plan The Public Participation Plan (PPP) will be reviewed annually by the Collier County Alternative Transportation Modes (ATM) staff to ensure the CAT planning process provides full and open access to the general public. The PPP shall also be reviewed as part of the triennial certification process conducted by the Federal Transit Administration(FTA). A public comment period of 45 days shall be provided prior to the adoption or amendment of the PPP. Notice of the 45 day comment period shall be published in a newspaper of general circulation in Collier County and a notification will be mailed out to the TAN. A copy of the proposed amendments will be published on the Collier Area Transit website. The specific public involvement process for the public participation plan is included in Appendix 2 (45 Day Public Involvement Process for Transit Plans &Programs). Packet Page-1758- 9/24/2013 16.D.6. Collier Area Transit(CAT) Public Participation Plan The following programs and plans will utilize the 30 Day Public Involvement Process for Transit Plans & Programs included in Appendix 3. Title VI Program As required by the Federal Transit Administration, CAT must review and update a Title VI Program every 3 years. This plan ensures that the level and quality of public transportation service is provided in a nondiscriminatory manner; promote full and fair participation in public transportation decision-making without regard to race, color or national origin; and ensure meaningful access to transit-related programs and activities by persons with limited English proficiency. Fare Modifications Fare increases are increases to the base full adult fare. When the full adult fare is increased, discount fares and fare media may also be increased at the same time. Fare decreases are decreases to the base full adult fare. When the full adult fare is decreased, discount fares and fare media may also be decreased at the same time. Fare modifications are adopted by the Collier County BCC and implement by Collier Area Transit. Service Reductions Service reductions occur when CAT does the following to an individual route or to set of routes: 1. Reduce the span of service hours (hours in a day when service operates) and/or 2. Reduce the days in which service operates and/or 3. Reduce the frequency of service and/or 4. Eliminate a route in its entirety or major portion thereof, unless that route was a planned service development or experimental services that has been in existence less than two years. Service Expansions Service expansions occur when CAT does the following to an individual route or to set of routes: 1. Increase the span of service hours (hours in a day when service operates) and/or 2. Increase the days in which service operates and/or 3. Increase the frequency of service and/or 4. Add a new route. Packet Page-1759- �h fin . Z a 9/24/2013 16.D.6. Collier Area Transit (CAT) Public Participation Plan 10 Disadvantaged Business Enterprise Program and Goal Setting Collier County BCC has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation, 49 Code of Federal Regulations (CFR) Part 26 applicable to all federally funded transit projects. It is the policy of the BCC to ensure that DBEs as defined in Part 26, have an equal opportunity to receive and participate in Department of Transportation (DOT) assisted contracts. Every three years a goal must be established. The methodology for determining the goal is contained in the DBE program. Program of Projects A program of projects (POP) is a list of projects proposed by a designated recipient to be funded from urbanized area formula FTA funds. The POP includes a brief description of the projects, total project costs and federal share for each project. The POP is developed on an annual basis. Comprehensive Operational Analysis A comprehensive operational analysis (COA) is an in-depth study of a transit system designed to identify strengths and weaknesses, and development recommendations for improvement. Transit Development Plan (Major Update) A transit development plan (TDP) is a Florida Department of Transportation (FDOT) required; 10 year horizon plan intended to support the development of an effective multi-modal transportation system. The TDP serves as the basis for defining public transit needs which is a prerequisite to receive state funds. Collier County is required to develop and adopt a TDP major update every 5 years. This document is produced in coordination with the Collier Metropolitan Planning Organization (MPO). Collier County ATM staff will coordinate the public involvement requirements identified in the CAT PPP, while the MPO staff shall be responsible for completing the public involvement requirements identified in their adopted PPP. Packet Page-1760- 9/24/2013 16.D.6. Collier Area Transit(CAT) Public Participation Plan The following programs and plans will utilize the 15 Day Public Involvement Process for Transit Plans & Programs included in Appendix 4. Also, all documents and activities not specifically listed otherwise in this document will follow the standard process included in Appendix 4. Transit Development Plan (Minor Update) The FDOT requires annual updates in the form of a progress report on the TDP. The minor update must include the following elements: 1. Past year accomplishments compared to the original recommendations from the last major update; 2. Reasons for any discrepancies between the plan and its implementation for the past year; 3. Revisions to the coming year's recommendations, as appropriate; 4. Added detail to recommendations for the final years of the updated plan; and 5. A revised standardized financial plan, including revised financial tables. Collier County ATM staff will coordinate the public involvement requirements identified in the CAT PPP, while the MPO staff shall be responsible for completing the public involvement requirements identified in their adopted PPP. Transit Priorities Annually the FDOT requests priorities that they consider for funding in the development of their work program. Transit priorities are usually coordinated with the Collier MPO. Collier County ATM staff will coordinate the public involvement requirements identified in the CAT PPP, while the MPO staff shall be responsible for completing the public involvement requirements identified in their adopted PPP. Packet Page-1761- 9/24/2013 16.D.6. Collier Area Transit (CAT) Public Participation Plan Appendix 1 Limited English Proficiency Plan Packet Page-1762- 9/24/2013 16.D.6. Collier Area Transit(CAT) Public Participation Plan 4 YR.Vw Collier Area Transit (CAT) operates under the supervision of the Collier County Department of Alternative Transportation Modes (ATM) for the Collier County Transportation Services Division. CAT serves as the public transit provider for Collier County, serving the Naples, Marco Island, and Immokalee areas. CAT funds the transit program with the use of local, state and federal dollars. Involving our citizens in the transit planning process including the utilization of funds, communicating the program of projects, and more importantly communicating our level of service standards to the community are all vital processes that CAT undertakes as part of ensuring that services are provided in accordance with Title VI. Reaching all parts of our population and providing language assistance to persons with limited English proficiency in a competent and effective manner will help ensure that our services are safe, reliable, convenient, and accessible to everyone in our community including LEP persons. The Limited English Proficiency (LEP) Plan plays an integral role in this process. This document will detail the LEP Plan, developed in conjunction with best practice standards for public involvement. Background Information Limited English proficient or LEP" are individuals who have a limited ability to read, write, speak, or understand English, who speaks a language at home other than English as his/her primary language, and who speaks or understands English `not well' or `not at all'. According to the 2000 U.S. Census, more than 10 million people reported that they do not speak English at all, or do not speak English well. The number of persons reporting that they do not speak English at all or do not speak English well grew by 65 percent from 1990 to 2000. Among limited English speakers, Spanish is the language most frequently spoken, followed by Chinese (Cantonese or Mandarin), Vietnamese, and Korean. Public transit is a key means of achieving mobility for many LEP persons. According to the 2000 Census, more than 11% of LEP persons aged 16 years and over reported use of public transit as their primary means of transportation to work, compared with about 4% of English speakers. Catering to LEP persons will help increase and retain ridership among the agency's broader immigrant communities in two important ways: Agencies that reach out to recent immigrant populations in order to conduct a needs assessment and prepare a language implementation plan (pursuant to the DOT LEP Guidance) will send a positive message to these persons that their business is valued. Community outreach designed to identify appropriate language assistance measures can also assist the agency in identifying the transportation needs of immigrant populations and ensuring that an agency's transit routes, hours and days of service, and other service parameters are responsive to the needs of these populations. Packet Page -1763- 'r 9/24/2013 16.D.6. Collier Area Transit (CAT) Public Participation Plan Introduction Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq., and its implementing regulations provide that no person in the United States shall, on the grounds 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 that receives Federal financial assistance. The Supreme Court, in Lau v. Nichols, 414 U.S. 563 (1974), interpreted Title VI regulations promulgated by the former Department of Health, Education, and Welfare to hold that Title VI prohibits conduct that has a disproportionate effect on LEP persons because such conduct constitutes national origin discrimination. Executive Order 13166: Improving Access to Service for Persons with Limited English Proficiency was signed in year 2000 to clarify Title VI of the Civil Rights Act of 1964. Its purpose was to ensure accessibility to programs and services to eligible persons who are not proficient in the English language. This executive order stated 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. " Not only do all federal agencies have to develop LEP Plans, as a condition of receiving federal financial assistance, but also state and local recipients are required to comply with Title VI and LEP guidelines of the federal agency from which they receive funds. Federal financial assistance includes grants, training, use of equipment, donations of surplus property and other assistance. Recipients of federal funds range from state and local agencies to nonprofits and other organizations. Title VI covers a recipient's entire program or activity. This means all components of a recipient's operations are covered. Simply put, any organization that receives federal financial assistance is required to follow this Executive Order. The US Department of Transportation (DOT) published "Policy Guidance Concerning Recipients' Responsibilities to Limited English Proficient Person" in the December 14, 2005 Federal Register. The guidance explicitly identifies local transit operators as organizations that must follow this guidance: The guidance applies to all DOT funding recipients, which include state departments of transportation, state motor vehicle administrations, airport operators, metropolitan planning organizations, and regional, state, and local transit operators, among many others. Coverage Packet Page-1764- 9/24/2013 16.D.6. - 'Collier Area Transit (CAT) Public Participation Plan ✓,*iff gy�if" z� F y h+r 7 q extends to a recipient's entire program or activity, i.e., to all parts of a recipient's operations. This is true even if only one part of the recipient receives the Federal assistance. For example, if DOT provides assistance to a state department of transportation to rehabilitate a particular highway on the National Highway System, all of the operations of the entire state department of transportation—not just the particular highway program or project—are covered by the DOT guidance. The intent of this Limited English Proficiency Plan is to ensure access to the planning process and information published by Collier Area Transit where it is determined that a substantial numbers of residents in Collier County do not speak or read English proficiently. The production of multilingual publications and documents and/or interpretation at meetings or events will be provided to the degree that funding permits based on current laws and regulations. Laws and Policies Guiding Limited English Proficiency Plans The FTA references the DOT LEP guidance in its Circular 4702.1A, "Title VI and Title VI- Dependent Guidelines for FTA Recipients,"which was published on April 13, 2007. Chapter IV part 4 of this Circular reiterates the requirement to take responsible steps to ensure meaningful access to benefits, services, and information for LEP persons and suggests that Federal Transit Administration (FTA) recipients and sub recipients develop a language implementation plan consistent with the provisions of Section VII of the DOT LEP guidance. Packet Page-1765- o5. tWX� rI;r 9/24/2013 16.D.6. 0,' Collier Area Transit(CAT) Public Participation Plan 4 As part of the DOT and FTA requirements, the LEP Plan will be assessed and evaluated. The following matrix illustrates these laws,policies and considerations: Limited English Proficiency Executive Title ef.iiit iCivil*ghts Ikct 9f 19b � i -Order 1.31. V Federal Law Federal Policy Enacted in 1964 Enacted in August 2000 Considers all persons Considers eligible population Contains monitoring and oversight Contains monitoring and oversight compliance review requirements compliance review requirements Factor criteria is required, no numerical or Factor criteria is required, no numerical or percentage thresholds percentage thresholds Provides protection on the basis of race, Provides protection on the basis of national color, and national origin origin Focuses on eliminating discrimination in Focuses on providing LEP persons with federally funded programs meaningful access to services using four factor criteria Annual Accomplishment and Upcoming Annual Accomplishment and Upcoming Goals Report to FHWA Goals Report to FHWA Who is an LEP individual? As defined in the 2000 United States Census, it is any individual who speaks at home other than English as his/her primary language, and who speaks or understands English "not well" or "not at all". Packet Page-1766- 9/24/2013 16.D.6. ` � Collier Area Transit (CAT) Public Participation Plan yxx Determining the need As a recipient of federal funding, Collier Area Transit must take reasonable steps to ensure meaningful access to the information and services it provides. As noticed in the Federal Register/ Volume 70, Number 239/ Wednesday, December 14, 2005/ Notices, there are four factors to consider in determining"reasonable steps". Factor 1 - The number and proportion of LEP persons served or encountered in the eligible service population Factor 2 - The frequency in which LEP persons encounter Transit Programs, Activities and Services Factor 3 - The nature and importance of the program, activity, or service provided by the recipient to people's lives Factor 4 - The resources available to the recipient and cost The DOT Policy Guidance gives recipients of federal funds substantial flexibility in determining what language assistance is appropriate based on a local assessment of the four factors listed above. The following is an assessment of need in Collier County in relation to the four factors and the transit planning process. LEP Assessment for Collier Area Transit For the purposes of conducting this assessment, Collier Area Transit is utilizing information derived from the 2000 census in addition to charts, maps and other demographic information and documents prepared by Collier Metropolitan Planning Organization. Factor 1 — The Number and proportion of LEP persons served or encountered in the eligible service population The first step towards understanding the profile of individuals who could participate in the transit planning of services process is a review of Census data. Tables 1 and 2 displays the primary language spoken and number of individuals that are LEP. For our purposes, we are considering people that speak English `not well' or `not at all,' and only the top four language groups are included in the analysis. Packet Page-1767- .2 4 t ;7 y i ?ra L't � vJ.n ,.V 9/24/201316.D.6. Collier Area Transit(CAT) Public Participation Plan -16 ' 7. 70111164 Table 1, derived from the 2010 US Census, shows the number and percent of the population, with regard to their English language skills, for the cities and the unincorporated portions of the County. As indicated, over 15%of the area population 5 years of age or older is not proficient in English;that is,they speak English less than"very well". Tables 1: Limited English Proficient Persons in Collier County 2010 Census Data and 2007-2011 American Community Survey 5 year estimates Jurisdiction Population Population 5 Number of LEP Percentage of years and over Persons (5 years LEP Persons (5 and over) years and over Everglades City 334 310 0 0.00% City of Naples 20,091 19,667 724 3.68% City of Marco 16,573 16,172 1,199 7.41% Island Naples Area 320,087 302,602 48,895 16.49% (Including the unincorporated County Total Area 357,085 338,751 51,818 15.30% (includes all Atiwk cities and unincorporated County) Packet Page-1768- 9/24/2013 16.D.6. Collier Area Transit (CAT) Public Participation Plan ft'Y�xx"x Table 2 shows the number and percent of LEP persons by language spoken at the individual's home. Of the LEP persons with the area, 12.12% speak Spanish at home making this the most significant percent of the area's population. The second most common language of the area's LEP population is Other Indo-European languages, with 2.79%. Asian and Pacific Islander languages represents 0.32%and 0.06% speak"other" languages at home. Table 2: language Spoken at Home by LEP Persons 2010 Census Data and 2007-2011 American Comm unity Survey 5 Year estimates LEP Persons Spanish Other Indo- Asian & Pacific Other Language European Islander Languages Languages Languages 5 Years and 0 0 0 0 over — Everglades City 5 Years and 363 292 10 54 over — City of Naples 5 Years and 903 259 37 0 over — Marco Island 5 Years and 39,806 8,906 1,041 142 over — Naples Area (including the unincorporated County) 5 Years and 41,072 9,462 1,088 196 over—Total Percent of Total 12.12% 2.79% 0.32% 0.06% Populations 5 Years and over Factor 2 — The frequency in which LEP Persons encounter transit programs, activities and services Based on the 2010 census information there is a small, but growing size of the LEP population in this region that will likely increase the probability of future contact with the CAT program, services and activities. In recognition of a growing LEP population CAT has taken proactive steps to ensure that communication about transit services, meetings, activities, surveys and other important information is provided in the three main spoken languages: English, Spanish and Creole. In addition to providing literature in these three languages, we also ensure to have available persons (mostly staff members) to serve as language interpreters in public meetings in addition to a sign language person. Packet Page-1769- 9/24/2013 16.D.6. Collier Area Transit (CAT) Public Participation Plan Factor 3 —The nature and importance of the program, activity, or service provided by the recipient to people's lives Collier Area Transit provides an essential service to the community during emergency evacuation such as hurricanes, fires and other disasters. We also help disseminate information to the public on security awareness, emergency preparedness and the importance of the modes and type of services we provide. If this information is not accessible to people with limited English proficiency, or if language services in these areas are delayed, the consequences to these individuals could be life threatening. It is precisely because of this that CAT ensures that all segments of the population, including LEP persons, have been involved or have had the opportunity to be involved in the transit planning of services process to be consistent with the goal of the Federal Environmental Justice program and policy. The impact of proposed transit projects and investments on underserved and under-represented population groups is part of the evaluation process in use of federal funds during the preparation of our program of projects and two essential transit documents: • The Transit Development Plan (TDP) • The Transportation Disadvantaged Service Plan (TDSP) Inclusive public participation is a priority consideration in all transit plans, studies and programs. The impacts of transit improvements resulting from these planning activities have an impact on all residents. Understanding and continued involvement are encouraged throughout the process. Collier Area Transit is concerned with input from all stakeholders, and makes every effort to ensure that the planning process is as inclusive as possible. Factor 4 - The resources available to the recipient and cost Given the current financial constraints, full multi-language translations of large transit planning documents such as the TDP, TDSP and other large planning documents are not considered to be warranted at this time. However, Collier Area Transit ensures that all vital communication information of programs, activities and services are made available to the LEP population in English, Spanish and Creole, which are the three main spoken languages in the area. Collier Area Transit will continue efforts to provide language translation and interpretation services taking into account the available funding. As new 2010 Census data becomes available, Collier Area Transit will monitor LEP population and adjust its LEP policy accordingly. If warranted in the future, CAT will consider new techniques to reach the LEP population, such as (1) the translation of executive summaries for key documents, such as the TDP and TDSP (2) the translation of document summaries, which are designed to capture all of the significant points of the full document Packet Page-1770- 9/24/2013 16.D.6. } Collier Area Transit (CAT) Public Participation Plan Collier Area Transit has translated many essential documents such as: • Bus Schedules and route maps • Riders Guide • Notice of right to language assistance • Fare Announcements • Service Change announcement • Notices pertaining to upcoming events • Power Point Presentations • Title VI language in English, Spanish and Creole • Public Notices • Information on website • Prohibited behavior signage Meeting the Requirements Engaging the diverse population within the Collier County area is important. Collier Area Transit is committed to providing quality services to all citizens, including those with limited English proficiency. All language access activities detailed below will be coordinated in collaboration with the CAT staff. Safe Harbor Stipulation Federal law provides a `safe harbor' stipulation so recipients of federal funding can ensure compliance with their obligation to provide written translations in languages other than English with greater certainty. A `safe harbor' means that as long as a recipient (CAT) has created a plan for the provision of written translations under a specific set of circumstances, such action will be considered strong evidence of compliance with written translation obligations under Title VI. However, failure to provide written translations under the circumstances does not mean there is noncompliance, but rather provides for recipients a guide for greater certainty of compliance in accordance with the four-factor analysis. Evidence of compliance with the recipient's written translation obligations under `safe harbor' includes providing written translations of vital documents for each eligible LEP language group that constitutes 5% or 1,000 persons, whichever is less of eligible persons served or likely to be affected. Translation also can be provided orally. The `safe harbor' provision applies to the translation of written documents only. It does not affect the requirement to provide meaningful access to LEP individuals through competent oral interpreters where oral language services are needed and reasonable to provide. Packet Page-1771- 9/24/2013 16.D.6. Collier Area Transit (CAT) Public Participation Plan Providing Notice to LEP Persons US DOT guidance indicates that once an agency has decided, based on the four factors, to provide language services, it is important that the recipient notify LEP persons of services available free of charge in a language the LEP persons would understand. Example methods for notification include: • Signage that indicates when free language assistance is available with advance notice; • Stating in outreach documents that language services are available; • Working with community-based organizations and other stakeholders to inform LEP individuals of CAT services and the availability of language assistance; • Using automated telephone voice mail or menu to provide information about available language assistance services; • Including notices in local newspapers in languages other than English; • Providing notices on non-English-language radio and television about MPO services and the availability of language assistance; and • Providing presentations and/or notices at schools and community based organizations (CBO). Agi Collier Area Transit will publicize the availability of interpreter services, free of charge, if requested at least 7 days prior to meetings, workshops, forums or events. These events will be publicly advertised via web site, onboard our buses, newspaper, etc. We will also continue to use additional tools as appropriate such as: • Signage • Flyers • Take-ones • Handouts available in vehicles and at stations • Announcements in vehicles and at stations • Agency website • Newspaper and radio advertisements • community-based organizations • Collier County library systems • Announcements and community meetings. • Surveys An interpreter is a person who translates spoken language orally, as opposed to a translator, who translates written language and transfers the meaning of written text from one language into another. CAT will provide language interpreter and translating services as needed. As covered under Title VI requirements for nondiscrimination, CAT will include Title VI language in all Public Notice material as applicable. Packet Page-1772- 9/24/2013 16.D.6. AC Collier Area Transit (CAT) Public Participation Plan j Language Assistance A goal of the Collier Area Transit is to provide user-friendly materials that will be appealing and easy to understand. CAT will continue to provide materials to the LEP population in alternative formats, such as schedules, flyers, user's guide, depending on the work product. CAT Staff Training What the Guidance Says: "Staff members should know their obligations to provide meaningful access to information and services for LEP persons, and all employees in public contact positions should be properly trained. An effective LEP plan would likely include training to ensure that: Staff knows about LEP policies and procedures. Staff having contact with the public (or those in a recipient's custody) is trained to work effectively with in person and telephone interpreters. In order to establish meaningful access to information and services for LEP individuals, CAT will continue to train its employees and will include LEP training as part of the new employee orientation. In addition, CAT will make a list of staff identifying the different languages that they can assist with. This list will be kept in the front desk in case an LEP person request language assistance, the staff member will be able to promptly locate an interpreter for public assistance. Packet Page-1773- tifi .pkvTaPARWili i "- 9/24/2013 16.D.6. • �, ,- Collier Area Transit(CAT) Public Participation Plan Appendix 2 45 Day Public Involvement Process for Transit Plans & Programs • Packet Page-1774- 9/24/2013 16.D.6. " Collier Area Transit(CAT) Public Participation Plan •ATM staff will update and amend transit plans and programs as required. •When updating or amending,ATM staff shall include any new federal or state requirements. Jpdate +Amendments. • •ATM staff will submit a news release at least 7 days prior to the workshop that will provide detailed information regarding the location,time and subject matter. •ATM staff will post news release at least 7 days prior to the workshop in interior advertising area on all buses. 'Public Workshop' •ATM staff will respond to public comments made at the workshop. .(I Required) • •ATM staff to submit a legal advertisement announcing the public comment period in one newspaper of general circulation. •ATM staff to submit a legal advertisement announcing the public comment period in one newspaper of general circulation that is published in Spanish,if a paper so exists. •ATM staff will submit a news release announcing the public comment period. Advertisement •ATM staff will post a news release in interior advertising area on all buses announcing the public comment period. •At least 45 days prior to the public meeting and adoption of the plan/program,ATM staff will distribute copies of the 1 draft plan/program and comment forms to local government agency offices and libraries. •At least 45 days prior to the public meeting and adoption of the plan/program,ATM staff will post the draft plan/program and comment forms to the ATM website. •ATM staff will distribute electronic copies of the draft plan/program with notice of the public comment period to the ,?P.ubiit Comment transit advisory network and others upon request. Period •ATM staff to provide electronic copy of draft plan/program to applicable advisory committees for review,this will be accomplished in coordination with appropriate advisory committee staff liaisons. a s •ATM staff will respond verbally or in writing to all public input received during the public comment period. •When significant written and/or oral comments are received on the draft plan/program,a summary of the comments and responses shall be provided to the adopting Board for review. Spotase •The adopting Board will meet at the end of the public comment period. •The adopting Board will consider the recommendations of any applicable reviewing committee/Board when adopting the plan/program. } '•The adopting Board will consider the comments received druing the public comment period when adopting the 'Adoption plan/program. Packet Page-1775- w sf 9/24/2013 16.D.6. Collier Area Transit (CAT) Public Participation Plan R Appendix 3 30 Day Public Involvement Process for Transit Plans 86 Programs Avok Packet Page-1776- �� re 9/24/2013 16.D.6. s Collier Area Transit(CAT) Public Participation Plan •ATM staff will update and amend transit plans and programs as required. •When updating or amending,ATM staff shall include any new federal or state requirements. Update Amendments ./ •ATM staff will submit a news release at least 7 days prior to the workshop that will provide detailed information regarding the location,time and subject matter. •ATM staff will post news release at least 7 days prior to the workshop in the interior advertising area on all buses. 'Public Workshop ATM staff will respond to public comments made at the workshop. '(If t-equired) •ATM staff to submit a legal advertisement announcing the public comment period in one newspaper of general A circulation. .; •ATM staff to submit a legal advertisement announcing the public comment period in one newspaper of general circulation that is published in Spanish,if a paper so exists. •ATM staff will submit a news release announcing the public comment period. ' Advertisement •ATM staff will post a news release in the interior advertising area on all buses announcing the public comment period. •At least 30 days prior to the public meeting and adoption of the plan/program,ATM staff will distribute copies of the; draft plan/program and comment forms to local government agency offices and libraries. :`•',` •At least 30 days prior to the public meeting and adoption of the plan/program,ATM staff will post the draft plan/program and comment forms to the ATM website. •ATM staff will distribute electronic copies of the draft plan/program with notice of the public comment period to the 'Public Comment transit advisory network and others upon request. 'Period " •ATM staff to provide electronic copy of draft plan/program to applicable advisory committees for review,this will be accomplished in coordination with appropriate advisory committee staff liaisons. •ATM staff will respond verbally or in writing to all public input received during the public comment period. •If formal Board action is required,when significant written and/or oral comments are received on the draft plan/program,a summary of the comments and responses shall be provided to the adopting Board for review. eSpcnSe r.•The adopting Board will meet at the end of the public comment period. •The adopting Board will consider the recommendations of any applicable reviewing committee/Board when adopting the plan/program. aaalard •The adopting Board will consider the comments received druing the public comment period when adopting the Action (if plan/program. -required) Packet Page-1777- 9/24/2013 16.D.6. '13• Collier Area Transit(CAT) Public Participation Plan F i,} 4N 28 ~N ri Appendix 4 15 Day Public Involvement Process for Transit Plans & Programs Packet Page-1778- 9/24/2013 16.D.6. Collier Area Transit(CAT) Public Participation Plan t •ATM staff will update and amend transit plans and programs as required. •When updating or amending,ATM staff shall include any new federal or state requirements. Update Amendments •ATM staff will submit a news release at lease 7 days prior to the workshop that will provide detailed information regarding the location,time and subject matter. •ATM staff will post news release at least 7 days prior to workshop in the interior advertising area on all buses. '?.ublic Workshop%•ATM staff will respond to public comments made at the workshop. (IfRequired) :g •ATM staff to submti a news release announcing the public comment period. 9 •ATM staff will post a news release in the interior advertising area on all buses announcing the public comment period. Advertisement •At least 15 days prior to the public meeting and adoption of the plan/program,ATM staff will distribute copies of the draft plan/program and comment forms to local government agency offices and libraries. •At least 15 days prior to the public meeting and adoption of the plan/program,ATM staff will post the draft plan/program and comment forms to the ATM website. •ATM staff will distribute electronic copies of the draft plan/program with notice of the public comment period upon Public Comment ; request Period •ATM staff to provide electronic copy of draft plan/program to applicable advisory committees for review,this will be accomplished in coordination with appropriate advisory sommittee staff liaisons. } •ATM staff will respond verbally or in writing to all public input received during the public comment period. •If formal Board action is required,when significant written and/or oral comments are received on the draft plan/program,a summary of the comments and responses shall be provided to the adopting Board for review. espo'nse •The adopting Board will meet at the end of the public comment period. •The adopting Board will consider the recommendations of any applicable reviewing committee/Board when adopting the plan/program. anal na j •The adopting Board will consider the comments received druing the public comment period when adopting the v lan/ ro ram . #Action (Sf P p g rexWirxl) `�' Packet Page-1779-