macon commissioners press kit 08-13-2013

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    MACON COUNTY BOARD OF COMMISSIONERS

    AUGUST 13, 2013

    AGENDA

    1. Call to order and welcome by Chairman Corbin2. Announcements3. Moment of Silence4. Pledge of Allegiance5. Public Hearing(s) 6:15 p.m.

    A. Hearing on refund request LaCosta Development Corp. andRobert W. Rome

    B.Consideration of refund request6. Public Comment Period7. Adjustments to and approval of the agenda8. Reports/Presentations

    A. Presentation regarding Nikwasi Mound Principal Chief MichellHicks, Eastern Band of Cherokee

    B.Scaly Mountain Historical Society John Bankston, President9. Old Business

    A.Transfer surplus 1983 Ford four-wheel drive ambulance toSouthwestern Community College Public Safety Training Center

    10.New BusinessA. Consideration of Memorandum of Agreement with the North

    Carolina Sedimentation Control Commission Matt Mason,County Planner

    B.Macon County Transit Kim Angel, Director1. Consideration of fares and cost share rates and contract

    rates2. Consideration of Resolution Adopting an Updated Locally

    Coordinated Public Transportation and Human ServicesTransportation Plan for Macon County, North Carolina

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    3. Consideration of resolution and contract regarding theSouthwestern NC One Call One Click Center for VeteransTransportation

    C.Consideration of extension of lease agreements with ForEx andHarmony House Foods Tommy Jenkins, EDC Director

    D.Consideration of change orders on Highlands School renovation Terry BellE.Consideration of agreement with National Utilities Refund

    regarding audit of utility and telephone expensesF. Consideration of resolution and contract with HGACBuyG.Consideration of ambulance bids

    11.Consent Agenda Attachment #11All items below are considered routine and will be enacted by one motion. Noseparate discussion will be held except on request of a member of the Board ofCommissioners.

    A. Minutes of the July 9 and July 30, 2013 meetingsB.Budget AmendmentsC.Tax ReleasesD.Settlement for current taxes for Fiscal Year 2012-2013E.Report on sale of surplus property utilizing GovDealsF. Monthly ad valorem tax collection report

    12.AppointmentsA.Technical Review Committee

    13.Closed session (if necessary)14.Adjournment/Recess

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    MACON COUNTY BOARD OF COMMISSIONERS

    AGENDA ITEM

    MEETING DATE: August 13, 2013

    DEPARTMENT/AGENCY: Governing BoardSUBJECT MATTER: Public hearing on refund request by LaCostaDevelopment Corp. and Robert W. RomeDEPARTMENT HEAD COMMENTS/RECOMMENDATION:

    Please see the attached letter from the County Attorney and the noticeof hearing in connection with this matter. As you may recall from theJuly regular meeting, the board received a letter from Richard Melvin,the attorney who is representing both the development corporation andMr. Rome with regard to property at Wildcat Cliffs Country Club.They have applied for a refund of revenue stamps paid to the Registerof Deeds in the amount of $600. Per the County Attorney, Mr. Melvinwill explain the request in greater detail on Tuesday.

    COUNTY MANAGERS COMMENTS/RECOMMENDATION:

    Attachments ___X__ Yes ___ No

    Agenda Item 5A/B

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    MACON COUNTY BOARD OF COMMISSIONERS

    AGENDA ITEM

    MEETING DATE: August 13, 2013

    DEPARTMENT/AGENCY: Eastern Band of Cherokee

    SUBJECT MATTER: Presentation by Principal Chief Michell Hicks

    DEPARTMENT HEAD COMMENTS/RECOMMENDATION:

    Ashleigh Brown with the Office of the Principal Chief requested time for

    Chief Hicks to be on the agenda regarding Nikwasi Mound.

    COUNTY MANAGERS COMMENTS/RECOMMENDATION:

    Attachments ______ Yes _X_ No

    Agenda Item 8

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    MACON COUNTY BOARD OF COMMISSIONERS

    AGENDA ITEM

    MEETING DATE: August 13, 2013

    DEPARTMENT/AGENCY: Scaly Mountain Historical Society

    SUBJECT MATTER: Request for funding from the county

    DEPARTMENT HEAD COMMENTS/RECOMMENDATION:

    Please see the attached e-mail and list of proposed capital expenditures from

    John Bankston, president of the Scaly Mountain Historical Society,

    regarding proposed improvements to the Old Scaly School House

    grounds. Mr. Bankston requested time on the agenda for a presentation to

    the board.

    COUNTY MANAGERS COMMENTS/RECOMMENDATION:

    Attachments ___X__ Yes ___ No

    Agenda Item 8B

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    MACON COUNTY BOARD OF COMMISSIONERS

    AGENDA ITEM

    MEETING DATE: August 13, 2013

    DEPARTMENT/AGENCY: Governing Board

    SUBJECT MATTER: Transfer of surplus 1983 Ford four-wheel-drive

    ambulance to Southwestern Community College Public Safety Training

    Center

    DEPARTMENT HEAD COMMENTS/RECOMMENDATION:

    Please see the attached letter from Curtis Dowdle, Director of Public Safety

    Training at Southwestern Community College (SCC), requesting that the

    county consider transferring a 1983 Ford four-wheel-drive ambulance to

    SCCs Public Safety Training Center. This item has been declared surplus

    by the County Manager, who has also confirmed that the Town of Highlands

    the original owner of the vehicle has no desire to have it back.

    COUNTY MANAGERS COMMENTS/RECOMMENDATION:

    Attachments ___X__ Yes ___ No

    Agenda Item 9A

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    MACON COUNTY BOARD OF COMMISSIONERS

    AGENDA ITEM

    MEETING DATE: August 13, 2013

    DEPARTMENT/AGENCY: North Carolina Sedimentation Control

    Commission

    SUBJECT MATTER: Memorandum of Agreement

    DEPARTMENT HEAD COMMENTS/RECOMMENDATION:

    Per the County Attorney, County Planner Matt Mason has requested that the

    proposed Memorandum of Agreement (MOA) be placed on the agenda for

    the boards consideration and approval. Mr. Mason has indicated that the

    MOA is simply memorializing what the county has been doing in

    cooperation with the state. Mr. Mason will be available on Tuesday to

    provide additional details and to answer questions. A copy of the MOA is

    attached for your information and review.

    COUNTY MANAGERS COMMENTS/RECOMMENDATION:

    Attachments ___X__ Yes ___ No

    Agenda Item 10A

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    MEMORANDUM OF AGREEMENT

    BETWEEN

    THE NORTH CAROLINA SEDIMENTATION CONTROL COMMISSION

    AND

    MACON COUNTY

    This MEMORANDUM OF AGREEMENT is entered into between the North

    Carolina Sedimentation Control Commission(hereinafter, Commission) and

    Macon County(hereinafter, Local Government, collectively, Parties) for the

    purpose of clarifying their roles in the enforcement of the Sedimentation Pollution

    Control Act of 1973, N.C. Gen. Stat. Ch. 113A Art. 4 and any rules adopted

    pursuant to the Act (hereinafter collectively, SPCA.)

    Part I. Local Program Creation.

    A. Model OrdinanceThe Parties agree that the Commission shall do the following:

    1. Per N.C. Gen. Stat. 113A-54 (d) (1), provide a model erosion and sedimentationcontrol ordinance (hereinafter, model ordinance) for adoption by local governmentswho wish to operate a delegated local sedimentation and erosion program (hereinafter,local program.)

    2. Update its model ordinance upon changes in the SPCA.B. Proposed Ordinance ReviewThe Parties agree that:

    1. Local governments who choose to create and operate a local program may do so byordinance (hereinafter, local program ordinance.) However, the local governmentmust submit the proposed local program ordinance to the Commission staff for reviewprior to adoption. Local governments must adopt the ordinance prior to submission tothe Commission for approval.

    2. North Carolina General Statute 113A-60(b) requires the Commission to review,approve, approve as modified, or disapprove proposed local program ordinances basedupon the minimum requirements of the SPCA.

    3. The Commission shall review a local program ordinance submitted and, within 90 daysof receipt thereof, shall notify the local government submitting the program that it hasbeen approved, approved with modifications, or disapproved.

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    4. The local programs erosion and sedimentation control standards must equal or exceedthose of the SPCA.

    5. Macon County has an existing local program and an ordinance approved by theSedimentation Control Commission.

    Part II. Responsibilities and Expectations of the Commission.

    A. Local Program ReviewThe Parties agree that the Commission shall do the following:

    1. Review periodically approved local programs for compliance with the SPCA. Theresults of the reviews shall be presented at the next quarterly meeting of theCommission.

    2. If the Commission determines that any local government is failing to administer orenforce an approved erosion and sedimentation control program, it shall notify the localgovernment in writing and shall specify the deficiencies of administration andenforcement.

    3. If the local government has not taken corrective action within 30 days of receipt ofnotification from the Commission, the Commission shall assume administration andenforcement of the program until such time as the local government indicates itswillingness and ability to resume administration and enforcement of the program.

    B. Training and Education for Local ProgramsThe Parties agree that the Commission shall provide the following:

    1. Educational programs in erosion and sedimentation control directed toward personsengaged in land-disturbing activities, general educational materials on erosion andsedimentation control, and instructional materials for persons involved in theenforcement of the SPCA and erosion and sedimentation control rules, ordinances,regulations, and plans.

    2. Manuals and publications to assist in the design, construction and inspection of erosion andsedimentation control measures.

    3.

    Periodic reviews of local erosion and sedimentation control programs and through thereviews provide recommendations to improve program administration.

    4. Technical assistance in review of draft erosion and sedimentation control plans for complexactivities.

    C. Concurrent JurisdictionThe Parties agree that the Commission shall maintain concurrent jurisdiction with the localgovernment for land-disturbing activities and maytake appropriate compliance action if the

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    Commission determines that the local government has failed to take appropriate complianceaction.

    Part III. Responsibilities and Expectations of the Local Government.

    A. EnforcementThe Parties agree that the local government shall administer its own local program ordinances,through the following:

    1. Enforce the provisions of the SPCA.2. Administer the SPCA for all land-disturbing activity within its jurisdiction, including

    existing sites at the time the local government received program delegation. TheCommission may continue to administer the SPCA over specific projects underenforcement action upon mutual agreement with the local government. The localprogram is not responsible for activities over which the Commission has exclusivejurisdiction.

    3. Employ a sufficient number of qualified personnel. Qualified personnel shall becompetent to review sedimentation and erosion control plans and conduct inspectionsof land-disturbing activities.

    4. Provide adequate resources for plan review and compliance inspections.

    B. ReportingThe Parties agree that the local government shall provide the following reports/information:

    1. Monthly activity report to the Commission in the form adopted by the Commission.2. Copy of all Financial Responsibility/Ownership forms to the Division of Water Quality

    (DWQ) when draft erosion and sedimentation control plans are received.

    3. Copy of Notices of Violation to the appropriate regional office of DWQ.4. Current contact information for their local program to the Division of Energy, Mineral

    and Land Resources.

    C. Sediment and Erosion Control Plans for Land-Disturbing Activity ReviewThe Parties agree that the local government shall review erosion and sedimentation control plans

    for land-disturbing activity (hereinafter, plans) submitted to its local program under thefollowing standards:

    1. Review plans within 30 days of receipt of a new plan and within 15 days of a revisedplan.

    2. Approve, approve with modifications, approve with performance reservations, ordisapprove draft plans in conformance with the basic control objectives contained in15A NCAC 04B .0106.

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    3. Notify in writing the person submitting the plan that it has been approved, approvedwith modifications, approved with performance reservations or disapproved within 30days of receipt of a new plan and within 15 days of a revised plan.

    4. Include in written notifications of plan approval the following:a. reference to NPDES General Stormwater Permit NCG 010000,b. expiration date of the approval,c. the right of periodic inspection, andd. condition the approval upon the applicants compliance with federal and

    State water quality laws, regulations and rules.

    5. Enclose with all written permit notifications the followinga. NPDES General Stormwater Permit NCG 010000, andb. Certificate of Approval for posting at the site of the land-disturbing

    activity.

    D. InspectionThe Parties agree that the local government shall inspect all sites undergoing land-disturbingactivity under the following standards:

    a. Periodically and regularly inspect sites undergoing land-disturbingactivity within its jurisdiction. Periodically and regularly means withsufficient frequency to effectively monitor compliance with the SPCAand rules adopted pursuant to the SPCA and the local erosion andsedimentation control ordinance.

    2. Document all inspections in writing, including electronic documents.3. Inspection reports shall include, at a minimum, all information in the model

    sedimentation inspection report developed by the Commission.

    4. Maintain inspection records for active projects in accordance with State and localrecord retention policies.

    E. EnforcementThe Parties agree that the local government shall enforce its local program ordinance under thefollowing standards:

    1. Issue Notices ofViolation (hereinafter, NOV) for any significant violation of theSPCA, rules adopted pursuant to the SPCA, or the local erosion and sedimentationcontrol ordinance documented in an inspection report. An NOV shall be issued to thepersons responsible for the violations, pursuant to N.C. Gen. Stat. 113A-61.1.

    2. The NOV shall specify the following:a. describe the violation with reasonable particularityb. request that all illegal activity ceasec. the actions that need to be taken to comply with the SPCA and the local ordinance

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    d. a date by which the person must comply with the SPCA and the local ordinancee. inform the violator that any person who fails to comply within the time specified

    is subject to additional civil and criminal penalties for a continuing violation asprovided in G.S. 113A-64 and the local ordinance

    3. Undertake appropriate enforcement actions, including injunctive relief, or assessmentof civil penalties for an initial penalty or a daily penalty for continuing violations.

    4. Require a person who engaged in a land-disturbing activity and failed to retain sedimentgenerated by the activity, as required by G.S. 113A-57(3), to restore the waters andland affected by the failure so as to minimize the detrimental effects of the resultingpollution by sedimentation.

    [This space left intentionally blank.]

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    IN WITNESS HEREOF, the Parties enter into this Memorandum of Agreement, this the _____day of ______________ 2013.

    SEDIMENTATION CONTROL COMMISSION

    By: _________________________________Robin K. SmithChairDated: ______________________________

    DIVISION OF ENERGY,MINERAL AND LAND

    RESOURCES

    By: _________________________________Tracy E. DavisDirectorDated: __________________________________________________________________

    Approved as to Form

    ____________________________________

    Counsel to the CommissionDated: ______________________________

    MACON COUNTY

    By: _________________________________Name #1Mayor/Council Chair/CommissionerDated: __________________________________________________________________

    By: _________________________________Name #2Mayor/Council Chair/CommissionerDated: ______________________________

    Approved as to Form

    ________________________________________________________________________Name #3Local Government Attorney

    Dated: ______________________________

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    Appendix I.

    NORTH CAROLINA GENERAL STATUTESSedimentation Poll ution Control Act(Ch. 113A Art. 4)

    (selected statutes)

    113A-54. Powers and duties of the Commission.

    (d) In implementing the erosion and sedimentationcontrol program, the Commission shall:

    (1) Assist and encourage local governments indeveloping erosion and sedimentation controlprograms and, as a part of this assistance, theCommission shall develop a model local erosionand sedimentation control ordinance. TheCommission shall approve, approve as modified,or disapprove local programs submitted to itpursuant to G.S. 113A-60.

    113A-56. Jurisdiction of the Commission.(a) The Commission shall have jurisdiction, to the

    exclusion of local governments, to adopt rulesconcerning land-disturbing activities that are:

    (1) Conducted by the State.

    (2) Conducted by the United States.

    (3) Conducted by persons having the power ofeminent domain other than a local government.

    (4) Conducted by a local government.

    (5) Funded in whole or in part by the State or theUnited States.

    (b) The Commission may delegate the jurisdictionconferred by G.S. 113A-56(a), in whole or in part, toany other State agency that has submitted an erosionand sedimentation control program to beadministered by it, if the program has been approvedby the Commission as being in conformity with thegeneral State program.

    (c) The Commission shall have concurrent jurisdictionwith local governments that administer a delegatederosion and sedimentation control program over allother land-disturbing activities. In addition to theauthority granted to the Commission in G.S. 113A-60(c), the Commission has the following authoritywith respect to a delegated erosion and sedimentationcontrol program:

    (1) To review erosion and sedimentation control planapprovals made by a delegated erosion andsedimentation control program and to require a

    revised plan if the commission determines that a

    plan does not comply with the requirements ofthis Article or the rules adopted pursuant to thisArticle.

    (2) To review the compliance activities of a delegatederosion and sedimentation control program andto take appropriate compliance action if theCommission determines that the localgovernment has failed to take appropriatecompliance action.

    (1973, c. 392, s. 7; c. 1417, s. 4; 1987, c. 827, s. 130; 1987(Reg. Sess., 1988), c. 1000, s. 4; 2002-165, s. 2.5; 2006-

    250, s.2.)

    113A-60. Local erosion and sedimentation control

    programs.

    (a) A local government may submit to the Commissionfor its approval an erosion and sedimentation controlprogram for its jurisdiction, and to this end localgovernments are authorized to adopt ordinances andregulations necessary to establish and enforce erosionand sedimentation control programs. An ordinanceadopted by a local government may establish a fee for

    the review of an erosion and sedimentation controlplan and related activities. Local governments areauthorized to create or designate agencies orsubdivisions of local government to administer andenforce the programs. An ordinance adopted by alocal government shall at least meet and may exceedthe minimum requirements of this Article and therules adopted pursuant to this Article. Two or moreunits of local government are authorized to establisha joint program and to enter into any agreements thatare necessary for the proper administration andenforcement of the program. The resolutions

    establishing any joint program must be duly recordedin the minutes of the governing body of each unit oflocal government participating in the program, and acertified copy of each resolution must be filed withthe Commission.

    (b) The Commission shall review each programsubmitted and within 90 days of receipt thereof shallnotify the local government submitting the programthat it has been approved, approved with

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    modifications, or disapproved. The Commission shallonly approve a program upon determining that itsstandards equal or exceed those of this Article andrules adopted pursuant to this Article.

    (c) If the Commission determines that any local

    government is failing to administer or enforce anapproved erosion and sedimentation control program,it shall notify the local government in writing andshall specify the deficiencies of administration andenforcement. If the local government has not takencorrective action within 30 days of receipt ofnotification from the Commission, the Commissionshall assume administration and enforcement of theprogram until such time as the local governmentindicates its willingness and ability to resumeadministration and enforcement of the program.

    (d) A local government may submit to the Commission

    for its approval a limited erosion and sedimentationcontrol program for its jurisdiction that grants thelocal government the responsibility only for theassessment and collection of fees and for theinspection of land-disturbing activities within thejurisdiction of the local government. TheCommission shall be responsible for theadministration and enforcement of all othercomponents of the erosion and sedimentation controlprogram and the requirements of this Article. Thelocal government may adopt ordinances andregulations necessary to establish a limited erosion

    and sedimentation control program. An ordinanceadopted by a local government that establishes alimited program shall conform to the minimumrequirements regarding the inspection of land-disturbing activities of this Article and the rulesadopted pursuant to this Article regarding theinspection of land-disturbing activities. The localgovernment shall establish and collect a fee to be paidby each person who submits an erosion andsedimentation control plan to the local government.The amount of the fee shall be an amount equal toeighty percent (80%) of the amount established by the

    Commission pursuant to G.S. 113A-54.2(a) plus anyamount that the local government requires to coverthe cost of inspection and program administrationactivities by the local government. The total fee shallnot exceed one hundred dollars ($100.00) per acre. Alocal government that administers a limited erosionand sedimentation control program shall pay to theCommission the portion of the fee that equals eightypercent (80%) of the fee established pursuant to G.S.

    113A-54.2(a) to cover the cost to the Commission forthe administration and enforcement of othercomponents of the erosion and sedimentation controlprogram. Fees paid to the Commission by a localgovernment shall be deposited in the SedimentationAccount established by G.S. 113A-54.2(b). A local

    government that administers a limited erosion andsedimentation control program and that receives anerosion control plan and fee under this subsectionshall immediately transmit the plan to theCommission for review. A local government maycreate or designate agencies or subdivisions of thelocal government to administer the limited program.Two or more units of local government may establisha joint limited program and enter into any agreementsnecessary for the proper administration of the limitedprogram. The resolutions establishing any jointlimited program must be duly recorded in the minutes

    of the governing body of each unit of localgovernment participating in the limited program, anda certified copy of each resolution must be filed withthe Commission. Subsections (b) and (c) of thissection apply to the approval and oversight of limitedprograms.

    (e) Notwithstanding G.S. 113A-61.1, a local governmentwith a limited erosion and sedimentation controlprogram shall not issue a notice of violation ifinspection indicates that the person engaged in land-disturbing activity has failed to comply with thisArticle, rules adopted pursuant to this Article, or anapproved erosion and sedimentation control plan.The local government shall notify the Commission ifany person has initiated land-disturbing activity forwhich an erosion and sedimentation control plan isrequired in the absence of an approved plan. If a localgovernment with a limited program determines that aperson engaged in a land-disturbing activity hasfailed to comply with an approved erosion andsedimentation control plan, the local governmentshall refer the matter to the Commission forinspection and enforcement pursuant to G.S. 113A-61.1.

    (1973, c. 392, s. 11; 1993 (Reg. Sess., 1994), c. 776, s. 7;2002-165, s. 2.8; 2006-250, s. 3.)

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    MACON COUNTY BOARD OF COMMISSIONERS

    AGENDA ITEM

    MEETING DATE: August 13, 2013

    DEPARTMENT/AGENCY: Macon County Transit

    SUBJECT MATTER: Consideration of fares and cost share rates and

    contract rates

    DEPARTMENT HEAD COMMENTS/RECOMMENDATION:

    Please see the attached memo from Macon County Transit Director Kim

    Angel, along with three sets of transit fees and cost share rates covering the

    Franklin, Highlands and Nantahala areas, respectively. Mrs. Angel will be

    at the meeting to provide additional details and to answer questions. This is

    the first of three Transit-related items on the agenda.

    COUNTY MANAGERS COMMENTS/RECOMMENDATION:

    Attachments ___X__ Yes ___ No

    Agenda Item 10B (1)

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    5 W. Main St. (Mail)

    36 Pannell Ln. (Office)

    Franklin, NC 28734

    (828) 349-2222 (Phone)

    (828) 349-2570 (Fax)

    www.macontransit.org

    To:

    Macon County Board of Commissioners

    Jack Horton, County Manager

    From: Kim Angel

    cc: Lori Hall, Finance Director

    Date: August 1, 2013

    Re: Macon County Transit Fares & Cost Share Rates and Contract Rates

    Attached, for your consideration, are the proposed fares and cost share amounts(user fees) for passengers. There are three (3) separate sheets based on wherepassengers live (Franklin, Highlands, or Nantahala areas). Based on previous yearsoperating costs and projected current year operating costs, and the fact that we havenot raised rates for passengers since 2010 it is necessary to increase fare and costshare rates for transit services.

    In order to determine passenger cost share rates and fares, we use the per mile ratedetermined in a cost allocation model and multiply by an estimated number of milesfor round trip service to a destination (Google Maps is used to determine the

    mileage). We then take that cost and multiply it by 15% to determine the costshare/fare for the Elderly and Disabled and by 20% to determine the fare for GeneralPublic riders. The remaining balance of the cost is billed using grant or local funds.

    We are also requesting approval to increase rates for contracted services toagencies. In order to determine contract rates, MCT uses a fully allocated cost model,provided by NCDOT, that uses data based on cost to operate to determine a permile, per passenger (trip), and per hour rate with a discount given for theadministrative grant funds we receive (a subsidy for the cost).

    Based on use of the cost allocation model, our new contract rates will be:Per service mile: $1.70 (was $1.64) (included deadhead mileage)

    Per revenue mile: $$2.04 (was $2.00) (mileage only while passenger is on boardvehicle)Per trip: $15.57 (one boarding=one trip)

    If you have questions about any of this information, please contact me.

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    Macon County Transit Fees/Cost Share Rates

    (from) Franklin Area

    Agency Code Qual if icat ion for Program Current Comments

    Charges

    DSSM (Medicaid) Requires DSS PRIOR approval 0 No cash collection require

    DOAG Over 60 and Macon Co. Resident 2.00$ Nutrition (DOAG) - per da

    3.00$ Shopping (DOAG)

    Note: Passengers with DOAG funding source are NOT REQUIRED to pay

    EDTAP / TAPD Over 60 or Disabled (proof required) 3.00$

    Shopping/Employment - N

    Additional per boarding c

    (Elderly &

    Disabled) Macon County Resident 2.00$

    Medical -Franklin per boa

    Maximum $4.00 charge ($

    rates)

    5.00$ Highlands

    12.00$ Sylva, Cashiers, Clayton

    15.00$ Waynesville, Bryson City

    20.00$ Asheville - Flat Fee (1way

    PASS 16.00$ Pass - Franklin only - 10

    WF/WFS (Work

    First) Must be going to/from employment 2.50$ Per Boarding

    PASS 20.00$ Pass - Franklin only - 10

    RGP Anyone not qualified under one 2.50$ Per Boarding - Franklin

    (Rural General

    Public) of the other programs 3.50$ Highlands - Per Boarding15.00$ Sylva, Cashiers,Clayton/

    20.00$ Waynesville, Bryson City

    30.00$ Asheville - Flat Fee (1way

    PASS 20.00$ Pass - Franklin only - 10

    MOUNTAIN GEM 1.00$ Per Boarding

    16.00$ 20 Passes

    PASS 25.00$ Monthly Pass - Unlimited

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    Macon County Transit Fees/Cost Share Rates

    (from) Franklin Area

    INCREASE

    AMOUNT

    -$

    2.00$

    2.00$

    0.50$

    5.00$

    3.00$

    10.00$

    15.00$

    4.00$

    -$

    0.50$

    10.00$

    1.00$

    3.50$5.00$

    10.00$

    15.00$

    10.00$

    -$

    -$

    2.00$

    5.00$

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    Macon County Transit Fees and Cost Share Rate

    (Proposed) Effective July 1, 2013

    Highlands Area

    Agency Code Qual ificat ion for program Current Comments

    Cost Share

    DOAG Over 60 & Macon Co. Resident 3.00$ Shopping (Round Tri

    Suggested Donation**LIMITED NUMBER OF SLOTS AVAILABLE Can not require paym

    - BASED ON FUNDING

    DSSM Referral from DSS - must be $0.00 No cash collection req

    (Medicaid) transportation certified by DSS

    EDTAP /TAPD Over 60 or Disabled & Macon 3.50$ Shopping

    (Elderly & County Resident 4.00$ Medical - Highlands

    disabled) 5.00$ Medical - Franklin

    25.00$ Asheville

    Service Provided on Space/Driver Availabili ty

    RGP Anyone qualifys for this program 3.50$ Per boarding - Highla

    (General that does not qualify under one of 7.00$ Franklin

    Public) the other programs

    Service Provided on Space/Driver Availabili ty

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    Macon County Transit Fares and Cost Share Rates

    (Proposed) Effective July 1, 2013

    Nantahala Area

    Agency Code Qual ificat ion for program Cost Share/ Commen

    Fares

    DOAG Over 60 & Macon Co. Resident 3.00$ Shopping to Andrews/M1.00$ Nutrition to Franklin

    **LIMITED NUMBER OF SLOTS AVAILABLE Suggested Donation O

    - BASED ON FUNDING

    DSSM Referral from DSS - must be Cost share not allowed

    (Medicaid) transportation certified by DSS Service Provided when driver

    EDTAP/TAPD Over 60 or Disabled (proof required) 3.00$ Shopping - Andrews/Mu

    (Elderly & & Macon County Resident 5.00$ Medical - Franklindisabled) 4.00$ Medical - Andrews/Murp

    -$ Medical - Bryson City

    25.00$ Waynesville

    30.00$ Asheville

    Service Provided on Space/Dri

    RGP Anyone qualifies for this program 5.00$ Andrews/Murphy - Roun

    (General that does not qualify under one of 7.00$ Franklin - Round Trip

    Public) the other programs 30.00$ Waynesville - Round Tr

    40.00$ Asheville - Round Trip

    Service Provided on Space/Dri

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    MACON COUNTY BOARD OF COMMISSIONERS

    AGENDA ITEM

    MEETING DATE: August 13, 2013

    DEPARTMENT/AGENCY: Macon County Transit

    SUBJECT MATTER: Consideration of Resolution Adopting an

    Updated Locally Coordinated Public Transportation and Human

    Services Transportation Plan for Macon County, North Carolina

    DEPARTMENT HEAD COMMENTS/RECOMMENDATION:

    Please see the attached memo from Mrs. Angel as well as a copy of the

    resolution. Also attached is a copy of the Coordinated Public Transportation

    and Human Services Plan adopted on May 9, 2013 by the Southwestern

    Commission Rural Planning Organization. Mrs. Angel will be available to

    answer questions or provide additional details. This is the second of three

    Transit items on the agenda.

    COUNTY MANAGERS COMMENTS/RECOMMENDATION:

    Attachments ___X__ Yes ___ No

    Agenda Item 10B(2)

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    5 W. Main St. (Mail)

    36 Pannell Ln. (Office)

    Franklin, NC 28734

    (828) 349-2222 (Phone)

    (828) 349-2570 (Fax)

    www.macontransit.org

    To:

    Macon County Board of Commissioners

    Jack Horton, County Manager

    From: Kim Angel

    Date: August 1, 2013

    Re: Locally Coordinated Plan and Resolution

    I will be asking the Board to pass the attached resolution at the August 13th Board ofCommissioners meeting. A copy of the plan is attached for your review prior to thismeeting.

    The locally coordinated plan (LCP) is a needs assessment for all transit systems andis required by the Federal Transit Administration in order to apply for any capital andoperating grants. This plan encompasses all transit systems in Region A. PhillipMoore of the SW Commission assisted with the public meetings and preparation ofthis document. This plan is updated every four years.

    The assessed needs for Macon County Transit are based on input from the transitdepartment, riders, the public, and other stakeholders. These projects are to help

    better serve the elderly, disabled, low-income, and veteran passengers.

    Board approval is required for the portion of the plan that pertain only to MaconCounty Transit, which the resolution clearly states.

    If you have questions about any of this information, please contact me.

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    1

    Coordinated Public TransportationAnd Human Services

    Transportation Plan

    Adopted

    May 9th

    , 2013

    Southwestern Commission

    Rural Planning Organization

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    SOUTHWESTERN COMMISSION RURAL PLANNING ORGANIZATION May 9, 2013COORDINATED PUBLIC TRANSPORTATION AND HUMAN SERVICES TRANSPORTATION PLAN

    2

    TABLE OF CONTENTS

    I. Federal Regulatory Background Page 3

    II. Plan Approach Page 5

    III. Demographics Page 7

    IV. Inventory of Public Transportation Service and Community Service Page 7

    V. General Program Information Page 13

    a. Elderly Individuals and Individuals with Disabilities (5310) Page 13

    b. Rural Area Formula Grants (5311) Page 16

    VI. Needs Assessment Page 18

    VII. Needs Assessment in the Long Range Horizon Page 21

    VIII. Strategies and Priorities for Implementation Page 22

    IX. Update Interval Page 28

    Appendix A. Map of Southwestern Rural Planning Organization Page 29

    Appendix B. Raw Data from Public Workshops by County Page 30

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    I. Federal Regulatory Background

    For more than a quarter century, the federal government has been working to bettercoordinate human service transportation activities it funds.

    In 1985, during an oversight hearing on Rural Transportation, Congress heard testimonyprompted by concerns of the lack of federal coordination between programs, such as theDepartment of Health and Human Services (HHS) and the Department of Transportation(DOT).

    Aiming to better coordinate activities, the Secretaries of HHS and DOT signed anagreement establishing the Joint DOT/HHS Coordinating Council on Human ServiceTransportation (CCHST) in 1986. Since the CCHST's creation, the CCHST hasconcentrated efforts to identify barriers to coordinated transportation. At one time, theagencies identified sixty-four factors that transportation and human servicerepresentatives believed were barriers to transportation coordination. Barriers included

    uncertainty regarding federal responsibilities for transportation, fragmented accountingand reporting procedures, uncertainty in using resources for recipients other than programconstituents, and prohibition against charging fares under the Older Americans Act.

    To further support coordination, Congress included several provisions in its 1998 passageof the Transportation Equity Act for the 21st Century (TEA 21), Public Law (PL) 105-178. Most notable was the provision to require Job Access and Reverse Commute(JARC), predecessor program to today's JARC program, projects to be part of acoordinated public transithuman services transportation planning process. In February2004, President George W. Bush released an Executive Order on Human ServiceTransportation Coordination to improve assistance to those who are transportation

    disadvantaged. The Executive Order aims to implement coordination of transportationservices to operate in the most cost effective and time efficient manner possible.

    Within the February 2004 Executive Order, the President established the InteragencyTransportation Coordinating Council on Access and Mobility (CCAM).

    The functions of the CCAM are to:

    Promote interagency cooperation Establish appropriate mechanisms to minimize duplication and overlap of federal

    programs and services so that transportation-disadvantaged persons have access to

    more transportation services Facilitate access to the most appropriate, cost-effective transportation services

    within existing resources

    Encourage enhanced customer access to the variety of transportation andresources available

    Formulate and implement administrative, policy, and procedural mechanisms thatenhance transportation services at all levels

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    CCAM includes leadership from eleven federal departments:

    DOT HHS Labor Education Housing and Urban Affairs Agriculture Justice Interior Veterans Administration Social Security Administration National Council on Disabilities

    In May 2005, the CCAM issued a report to the President with recommendations forbreaking down federal barriers to transportation for all transportation-disadvantaged

    populations. The report detailed action plans for each of the eleven federal agencies whocomprise the CCAM. Additionally, in 2005 the CCAM launched the United We Ridewebsite, www.unitedweride.gov.

    While it has been a long process, the federal government is working to strengthen itscoordination requirements for human service transportation activities. In August 2005,Congress included coordination provisions in the Safe, Accountable, Flexible, andEfficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), PL 109-059.SAFETEALU specifically added a coordination requirement to the newly created ElderlyIndividuals and Individuals with Disabilities Program (5310), Job Access ReverseCommute Program (5316), and New Freedoms Program (5317). FTA requires projects

    funded through the Section 5310, 5316, and 5317 Programs be derived from a locallydeveloped Coordinated Human Service Transportation Plan (CPT-HSTP).

    A CPT-HSTP identifies the transportation needs of individuals with disabilities, olderadults, and people with low incomes. It provides strategies for meeting local needs, andprioritizes transportation services for funding and implementation. A CPT-HSTP uses allavailable resources to supply transportation services efficiently and without redundancyin trips. Development of the CPT-HSTP must have the input and cooperation of transitagencies, social service agencies, community agencies, and the public.

    In 2006, the CCAM issued two policy statements that take important steps to bring

    federal programs together to help people with disabilities, older adults, and lower incomefamilies get the transportation they need for their day-to-day mobility.

    The CCAM policy statements focus on two key areas: (1) coordinated human servicetransportation planning and (2) vehicle sharing. These policies support communities andorganizations receiving federal funding to plan transportation services together and toshare resources. The policies were included as part of the recommendations in a 2005

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    report to the White House on Human Service Transportation Coordination. Eachdepartment on the CCAM will be taking actions to implement these policies.

    On July 6, 2012, President Obama signed into law the current transportation law, MovingAhead for Progress in the 21

    stCentury (MAP-21). MAP-21 creates a steady and reliable

    source of funding for Federal Transit Administration grantees, while containing newreporting requirements. The legislation also consolidates certain transit programs toimprove efficiency. The Job Access and Reverse Commute Program (Section 5316) wasmerged into Section 5311, Rural Area Formula Grants. Additionally, Section 5317, NewFreedom Program, was consolidated into Section 5310, which was renamed EnhancedMobility of Seniors and Individuals with Disabilities.

    II. Plan Approach

    Projects funded through the Enhanced Mobility of Seniors and Individuals withDisabilities (Section 5310) and Rural Area Formula Grants (Section 5311) programs

    require the development of a local, coordinated public transit-human servicestransportation plan (CPT-HSTP), which should incorporate private and non-profittransportation and human services providers and the general public.

    Completing the planning process required the participation of many organizations andagencies and the creation of a planning team. The following organizations comprised theplanning team:

    Southwestern Commission Rural Planning Organization North Carolina Department of Transportation Public Transportation Division Cherokee County Transit Clay County Transportation Eastern Band of Cherokee Indians (EBCI): Cherokee Transit Graham County Transit Jackson County Transit Macon County Transit Swain Public Transit

    The planning team met on December 3rd

    , 2012, to organize and plan the publicworkshops in each of the six counties and the Qualla Boundary. In the workshops, thestakeholders and the public identified needs and gaps in the current public transportationservice areas. Ideas were also presented to improve the overall efficiencies of thesystems. The results of the workshops are the foundation for the CP-HST which willguide the application and project selection process.

    The following stakeholders participated in the public meetings:

    Transit riders/users and their families Cherokee Commerce Department (EBCI)

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    Cherokee County citizen Cherokee County Transit Cherokee Transit (EBCI) Clay County citizens Clay County Department of Economic Development Clay County Department of Social Services Clay County Manager Clay County Transportation (transit) Communities in Schools of Clay County Community Transformation Grant consultant Davita Dialysis Center The Franklin Press Graham County citizen Graham County Manager Graham County Health Department

    Graham County Senior Center Graham County Social Services Graham County Transit Industrial Opportunities Incorporated Jackson County Transit Macon County citizen Macon County Transit Macon County Senior Services Seniors from the whole region Smoky Mountain Times Southwestern Workforce Development Southwestern Rural Planning Organization Swain County Transit Tri-County Community College

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    III. Demographics

    median age2012/2032*

    % age 65 orover, 2012*

    persons inpoverty**

    personsdisabled***

    houses novehicles****

    Cherokee 49.0 / 51.7 24.0 % 4,893 2,293 638

    Clay 50.2 / 51.0 24.8 % 1,967 964 199Graham 44.3 / 42.7 20.3 % 1,966 764 258

    Jackson 36.3 / 38.1 15.7 % 7,101 2,638 900

    Macon 48.6 / 48.2 24.5 % 6,501 2,591 903

    Swain 40.7 / 39.7 17.0 % 2,543 1,286 482

    NC 37.9 / 39.6 13.3 % 1,618,597 685,749 234,435

    *Estimates from Office of State Budget and Management**Persons in poverty Census 2010***Persons age 16-64 with work disability Census 2000****Occupied units with no vehicles available Census 2006-2010 5-year estimate

    IV. Inventory of Public Transportation Service and Community Service

    Cherokee County Services

    Cherokee County Transit (CCT) is the coordinated public transportation service inCherokee County. It was founded in 1980. Cherokee County is located in the WesternMountains of North Carolina and is bordered to the south by the State of Georgia and thewest by the State of Tennessee. CCT provides transportation services from the populatedareas to the most remote mountainous portions of the County. In addition, CCT often

    provides out-of-county medical trips to Asheville, Atlanta and Chattanooga. Also, thereare connections to nearby counties, such as Graham, Clay and Macon for CherokeeCounty residents. The County has two towns; Murphy and Andrews. CCT has both aTransportation Advisory Board and a Steering Committee consisting primarily ofrepresentatives of the County and other affected agencies, while the latter also includescommunity and business representatives as well as the County's elected officials.Cherokee County Transit provides subscription and demand-response transportationservices to major human service agencies in Cherokee County and surrounding areas, aswell as to the general public residing within the county. Cherokee County has a largenumber of persons with disabilities, mobility and financial constraints; thus, the ability toconnect with essential service is critical.

    CCT requires a 24-hour advance reservation for local trips and a two-day advance noticefor out-of-county general trips. CCT currently provides transportation services utilizing afleet of 14 vehicles; services are provided Monday through Friday from 7:00 AM to 5:00PM.

    The fleet consists of:

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    1 - 6 passenger Minivan 2 - 6 passenger All Wheel Drive CUVs 1 - 4 passenger Minivan with Wheelchair Ramp 1 - 18 passenger Lift Van with 2 Wheelchair Stations 2 - 10 passenger Lift Vans, each with 2 Wheelchair Stations

    1 - 9 passenger Lift Van with 2 Wheelchair Stations 7 - 8 passenger Lift Vans, each with 2 Wheelchair Stations

    Clay County Services

    Mission Statement: Clay County Transportations mission is to provide safe, reliable, andaffordable transportation to all citizens of Clay County.

    Clay County Transportation is a consolidated public transportation system funded bystate, federal and local governments as well as revenues and contributions collected bythe system. It became a community transportation system in 1998, prior to that limited

    human service transportation was provided, out of the Clay County Senior Center.

    Clay County Transportation provides transportation for human service agencies, theelderly, people with disabilities, and the general public of Clay County. The fare forgeneral public transportation is 10% of the cost of the trip. The remaining 90% is fundedby a grant. Twenty four hour notice is required to book a trip. We provide daily trips toAsheville on a service called the Ridge Runner. Operating hours are Monday-Friday8am-5pm (except for holidays). We also provide out of county medical, and airport tripsto Atlanta (Monday-Thursday), Gainesville and Chattanooga. A notice of 2 businessdays is required for these out of county trips. All out of county appointments must bebetween 10am-2pm since we pick up people in other counties. This enables us to keepthe fare low for Clay County citizens.

    Clay County Transportation has a number of vans that are equipped with wheelchair liftsto transport passengers with disabilities. We also welcome service animals. Please let usknow, if you need one of these vans, when you book your trip. Attendants or relativesare welcome if you need assistance. All trips are on seat available basis.

    The fleet consists of 15 vehicles, 9 of which are lift-equipped:

    2 - 25-foot light transit vehicles (LTVs) with lifts 1 - ramp-equipped minivan

    4 - lift vans 1 - 20-foot LTV with lift 1 - 20-foot LTV without lift 1 - crossover vehicle 3 - minivans 1 - 14-foot passenger van

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    Eastern Band of Cherokee Indians (EBCI) Services

    Cherokee Transit is the public transportation system on the Qualla Boundary. Services,primarily for medical appointments, began in 1997. Regular routes on the QuallaBoundary were added in 2000, and crosstown loop route service commenced in 2004.

    In 2012, Cherokee Transit transported over 69,000 passengers. Since 2010, 7,135passengers have been transported with support from the New Freedom Program (Section5317 in SAFETEA-LU) and 3,646 passengers have been transported under the ElderlyIndividuals and Individuals with Disabilities Program (Section 5310). Cherokee Transitemployees 36 staff, including 24 drivers.

    The following services are currently offered:

    Public Community Routes operate in the Big Cove/Soco/Birdtown areas each dayand night. Three buses/vans from 6:30 am to midnight six days per week,

    excepting four major holidays. These runs include pick-up of clients for theVocational Opportunities of Cherokee and the Tsali Manor Senior program, who

    are transported from their homes to the centers and back five days per week.

    Medical: transportation to medical appointments in Cherokee and towns outsideof Cherokee. Services are also provided to the general public, via call-in, for

    appointments at Cherokee Family Support and the Departments of Social Services

    in Jackson and Swain counties. Restrictions are:

    o passengers reserve their ride three days in advanceo passengers who are Medicaid-eligible must contact their social serviceso driver cannot act as an attendant

    Dialysis: provide transportation to the Seven Clans dialysis center six days perweek.

    Town Loops (Mountain Trail and River Trail) operate from 7:00 am untilmidnight six days per week, linking hotels to the casino and other places of

    business around town.

    The current fleet consists of 17 vans and 3 shuttle buses.Graham County Services

    Graham County Transit is the only form of public transportation in Graham County. Itwas established in the 1990s. The system is operated by Graham County Transit andadministered by Graham County Government.

    Graham County has 292.067 square miles with an estimated population of 8,800. It is ageographically isolated, Tier 1 (economically distressed) county with 27 percent of thepopulation eligible for Medicaid. Only one medical clinic exists in the county. Over halfof Graham County Transits transports are out-of-county transports for medical services.

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    Graham County Transit is governed by a five member Board of Commissioners and alsohas an appointed advisory board that consists of a vast representation from our area; fromproviders of low income target area communities, human service agencies, veterans,seniors, elected officials, riders and the general public.

    Graham County Transit provides transportation for human service agencies, the elderly,persons with disabilities, veterans and the general public of Graham County. It offersdemand response and subscription service. Office hours are 8:00 AM till 5:00 PMMonday-Friday, closed on state holidays. Requests for service must be made at least onebusiness day in advance for in county trips and 48 hours for out of county trips.

    Transportation to the dialysis center in Cherokee is offered Monday through Saturday;transportation to the Murphy dialysis center is offered Monday, Wednesday, and Friday.Transportation to life-sustaining services (senior nutrition, medical appointments,veterans services, etc) out-of-county are provided on an as-needed basis. Graham CountyTransit also offers some limited after-hours services. All services are based on

    availability of vans.

    The fleet consists of:

    1 - 21 passenger bus with no lift 4 - Lift vans, each with two wheelchair stations 3 - 7 passenger mini vans

    Jackson County Services

    Jackson County Transit is a fully coordinated Community Transportation System

    The Transit is sponsored by Jackson County, as a section 5311 of the North CarolinaDepartment of Transportation, under the Community Transportation Program. It wasstarted in September of 1983 under the sponsorship of the Jackson County Council onAging and evolved from a section 16B to a section 18. In 1996 the Transit was set up asa department of Jackson County.

    The Transit is managed by a project director and has a transportation advisory board,consisting of 15 members, appointed and approved by the Jackson County Board ofCommissioners and is under the over-all supervision of the County Manager. Staff iscomposed of the director, administrative assistant, dispatcher, five full-time drivers, and

    five part-time drivers.

    A screening process, consisting of drug-alcohol testing, driving records, driving test anddetailed background information is in place for all new employees. Once employed,training includes defensive driving, drug and alcohol training and sensitively training inthe handling of our special needs clients.

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    Jackson County Transit provides transportation for human service agencies, the elderly,people with disabilities, and the general public of Jackson County. It offers deviated fixedroutes, paratransit service, and a demand response service between 7:00 AM and 5:00PM Monday through Friday, except holidays. Requests for service must be made before2:00 PM prior to the scheduled trip, except for the Jackson Trolley which operates

    Monday thru Friday from 7:00 AM until 5:00 PM. This is a deviated fixed service thatincludes 11 fixed bus stops along the route. Limited service is available to Asheville,Waynesville, Franklin and Bryson City.

    The fleet consists of:

    1 - 20-foot lift light transit vehicle (LTV) 2 - 25-foot LTVs 1 - 25-foot LTV with lift 2 - minivans 1 - ADA-equipped minivan 7 - lift-equipped conversion vans 1 - mini school bus

    Macon County Services

    Macon County Transit is the coordinated public transportation service in Macon County.It was established in 1997 through the consolidation of several county agencies clienttransportation systems. The system is operated and administered by Macon CountyGovernment.

    Macon County Transit provides transportation for human service agencies, the elderly,

    people with disabilities, and the general public of Macon County. It offers deviated fixedroute, subscription routes, paratransit service, and demand response service between 6:30a.m. and 5:00 p.m. Monday through Friday, except holidays. Requests for service mustbe made at least one business day in advance, no later than 2:00 pm. Limited demandresponse, same day service within the Franklin area is available between 8:00 a.m. and4:00 p.m. with at least two hours notice and based on space availability. Daily service isavailable to Sylva on existing morning and afternoon routes, including a recently addedstop at SCC and to Asheville if appointments are between the hours of 10:00 a.m. and2:00 p.m. Macon County Transit operates using a fleet of 15 vehicles and serves the areasof Franklin, Highlands, and Nantahala.

    The fleet consists of: 1 - 22-foot light transit vehicle with lift and two wheelchair stations 1 - 20-foot LTV with lift and two wheelchair stations (note: a second 20-ft LTV

    will be added during FY13 replacing one lift van)

    7 - lift vans, each with two wheelchair stations (note: one lift van will be removedduring FY13, replaced by the 20-ft LTV)

    3 - 12-passenger conversion van without lifts 3 - 7-passenger mini vans

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    Swain County Services

    Swain Public Transit is a consolidated transportation system operating in Swain County,NC. Swain Public Transit offers subscription, demand/response, and deviated fixedroutes to the general public and by contractual agreement with the following human

    service organizations: Southwestern Community College Swain County Department on Aging Swain County Department of Social Services Swain County Family Resources Swain County Extension Service / 4-H Swain County Veterans Affairs Office 4 Square Community Action Vocational Opportunities of Cherokee Webster Enterprises Swain County Schools After School Program Swain County Health Department MedWest - Swain & Harris Regional Hospitals Jackson County Adult Day Care Swain County Joblink / Job Development Southwestern Planning Commission Cherokee Dialysis Center Sylva Dialysis Center

    Services include general public transportation, daily public employment routes, out-of-county medical transportation particularly to the VA in Asheville and to Charlotte,

    Chapel Hill and Durham shuttle services to Western Carolina University andSouthwestern Community College, a general public downtown loop in Bryson City, andother demand-responsive transportation.

    Rural General Public (RGP) service is available on all of our subscription routes if theroute deviates no more than half a mile. RGP services are also available in the towns ofCherokee and Sylva. All service is accessible to persons with disabilities.

    Swain Public Transit serves all of Swain County. Swain County is a rural county locatednear the Great Smoky Mountains National Park in western North Carolina. The ridershipis comprised of the clients and consumers of the participating organizations and agenciesand the general public. Destination points are at the discretion of the participating agencyand include transportation services to points outside Swain County. In FY 2012, SwainPublic Transit provided 44,000 passenger trips.

    Swain Public Transit operating hours are Monday through Friday from 6:00 AM to 6:00PM; office hours are Monday through Friday from 7:00 AM to 3:00 PM. Swain PublicTransit is closed on New Years Day, Martin Luther King Jr Day, Good Friday,

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    Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and thefollowing day, Christmas Eve, and Christmas Day and the following day.The fleet consists of:

    4 - lift-equipped vans 2 - 1-passenger standard vans 1 - 20-foot lift van 2 - minivans 1- lowered floor wheelchair accessible minivan 1 - 24-passenger cutaway van

    V. General Program Information

    FTA Sections 5310 and 5311 Programs require that projects be derived from a locallydeveloped CPT-HSTP. This chapter discusses the specific goals, who can apply,examples of eligible projects, potential funding, and the Designated Recipient (DR) forthe three programs.

    For each program, FTA will publish the annual apportionment in the Federal Registerfollowing the enactment of the annual DOT appropriations act. Funds are availableduring the FY of apportionment plus two additional years. For example, fundsapportioned in FY 2006 are available until the end of FY 2008 (September 30, 2008).FTA will add any un-obligated funds remaining at the end of the period of availability tothe next years program apportionment and will reapportion the funds among all thestates.

    a. Enhanced Mobility of Seniors and Individuals with Disabilities (5310)

    The Section 5310 program was established in 1975 as a discretionary capital assistanceprogram. In cases where public transit was inadequate or inappropriate, the programawarded grants to private non-profit organizations to serve the transportation needs ofelderly persons and persons with disabilities. FTA (then the Urban Mass TransportationAdministration (UMTA) apportioned the funds among the States by formula fordistribution to local agencies, a practice made a statutory requirement by the IntermodalSurface Transportation Efficiency Act of 1991 (ISTEA). In the early years of theprogram, many of the subrecipient non-profit agencies used the vehicles primarily fortransportation of their own clients. Funding for the Section 16(b)(2) program, as it wasthen known, ranged between $2035 million annually until the passage of ISTEA, whenit increased to the $5060 million range. ISTEA also introduced the eligibility of publicagencies under limited circumstances to facilitate and encourage the coordination ofhuman service transportation. Increasingly, FTA guidance encouraged and requiredcoordination of the program with other Federal human service transportation programs.In lieu of purchasing vehicles, acquisition of service in order to promote use of privatesector providers and coordination with other human service agencies and public transitproviders was made an eligible expense under ISTEA. Other provisions of ISTEAintroduced the ability to transfer flexible funds to the program from certain highway

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    programs and the flexibility to transfer funds from the Section 5310 program to the ruraland urban formula programs.

    The Transportation Equity Act for the 21st Century (TEA21) enacted in 1998,reauthorized the Section 5310 program. TEA21 increased the funding levels for the

    Section 5310 program but made no significant program changes. In 2005, Congressenacted SAFETEALU. SAFETEALU introduced the requirement that projects fundedwith 5310 funds be derived from a locally developed, coordinate public transit-humanservices transportation plan; removed the flexibility that funds can be transferred toSection 5311 for Section 5311 program purposes during the fiscal year apportioned, iffunds were not needed for Section 5310 program purposes; introduced a seven State pilotprogram that allows selected States to use up to one-third of the funds apportioned tothem for operating assistance; and allowed transfers to Section 5307 or 5311, but only tofund projects selected for Section 5310 program purposes.

    Moving Ahead for Progress in the 21st Century (MAP-21), enacted in 2012, consolidated

    Section 5310 and the former New Freedom Program, which was Section 5317 inSAFETEA-LU. The New Freedom Program grew out of the New Freedom Initiativeintroduced by the Bush Administration under Executive Order 13217, Community-Based Alternatives for Individuals with Disabilities, on June 18, 2001. The Order states:The United States is committed to community-based alternatives for individuals withdisabilities and recognizes that such services advance the best interests of the UnitedStates and calls upon the Federal government to assist States and localities to swiftlyimplement the decision of the United States Supreme Court in Olmstead v. L.C.

    Executive Order 13217 directed six Federal agencies, including the Departments ofJustice, Health and Human Services, Education, Labor, Housing and Urban Development

    and the Social Security Administration to evaluate the policies, programs, statutes andregulations of their respective agencies to determine whether any should be revised ormodified to improve the availability of community-based services for qualifiedindividuals with disabilities. The Departments of Transportation and Veterans Affairs,the Small Business Administration, and the Office of Personnel Management, though notnamed in the Executive Order, also joined in the implementation effort. Together, theseagencies formed the Interagency Council on Community Living under the leadership ofthe DHHS.

    Individuals who are transportation-disadvantaged face different challenges in accessingservices depending on whether they live in urban, rural, or suburban areas. Thegeographic dispersion of transportation-disadvantaged populations also createschallenges for human service programs hoping to deliver transportation for theirpassengers.

    Over the years, in response to these challenges, Federal, State and local governments, andcommunity-based organizations created specialized programs to meet particulartransportation needs. At the Federal level alone, there are at least 62 separate programs,administered by eight Federal departments, and even more agencies, that provide special

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    transportation services to individuals with disabilities, older adults, and people with lowincomes. Most of these are human service programs that fund limited transportationservices to provide eligible participants with access to particular services, such as jobtraining, health care, senior centers, or rehabilitation programs.

    Title 49 U.S.C. 5310 authorizes the formula assistance program for the special needs ofelderly individuals and individuals with disabilities. FTA refers to this formula programas the Section 5310 program. FTA, on behalf of the Secretary of Transportation,apportions the funds appropriated annually to the States based on an administrativeformula that considers the number of elderly individuals and individuals with disabilitiesin each State. These funds are subject to annual appropriations.

    Title 49 U.S.C. 5310(a)(1) authorizes funding for public transportation capital projectsplanned, designed and carried out to meet the special needs of elderly individuals andindividuals with disabilities.

    Examples of Projects

    Funds from the 5310 program are available for capital projects such as primarily fundsfor vehicles & equipment.

    Additionally, under section 5310, capital includes the purchase of service and mobilitymanagement. Funds are available for new services that are not required under theAmericans with Disabilities Act (ADA), which may include service, equipment orfacility enhancements that exceed the minimum ADA obligations.

    Paratransit service area beyond 3/4 mile Paratransit hours beyond fixed-route hours Cost to change from next-day to same-day Cost to change from curb-to-curb to door-to-door for all riders Escorts or door-through-door service Vehicles and equipment designed to accommodate mobility aids larger and

    heavier than common wheelchairs.

    Additional wheelchair securement locations on buses New feeder service to commuter stations

    Accessibility improvements to stations that are not key stations: Accessiblepath, elevator, ramp or detectable warnings, signage or wayfinding technology

    Travel training Public transportation alternatives: Accessible taxi, ridesharing, vanpool,

    voucher, volunteer driver and aide programs, mobility management andcoordination programs

    Mobility Management Activities may include:

    Travel training

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    Consists of short-range planning and management activities for improvingcoordination

    Excludes operating public transportation services Is a capital expense (80/20) Short-term management activities Coordination bodies and councils Transportation brokerages Travel training and trip planning/navigators One-stop transportation call centers Planning for ITS

    b. Rural Area Formula Grants (5311)

    Section 5311 provides funding to states for the support of public transportation in ruralareas. As of 2012, with the passage of MAP 21, the Job Access and Reverse Commute(JARC) program is incorporated into Section 5311 (formerly, JARC was a separateprogram Section 5316 of SAFETEA-LU).

    The Job Access and Reverse Commute (JARC) program has had a dramatic impact onthe lives of thousands of welfare recipients and low-income families, helping individualssuccessfully transition from welfare to work and reach needed employment supportservices such as childcare and job training activities. JARC was established as part ofTEA21 to address the unique transportation challenges faced by welfare recipients andlow-income persons seeking to get and keep jobs. With many new entry-level jobslocated in suburban areas, low-income and/or welfare recipients have found it difficult toaccess these jobs from their inner city, urban and rural neighborhoods on a daily basis.Further, many entry-level jobs require working late at night or on weekends whenconventional transit services in many communities are either reduced or non-existent.Finally, many employment-related trips are complex for low-income persons, ofteninvolving multiple destinations, including reaching childcare facilities and other servicesas part of the work trip.

    Section 3037 of the Transportation Equity Act for the 21st Century (TEA21) requiredthat JARC project selection be made through a national competition based on statutorilyspecified criteria. FTA conducted competitions and selected projects for fundingappropriated in FY 19992002. However, beginning in FY 2000, Congress also begandesignating specific projects and recipients to receive JARC funding in the conferencereports accompanying the annual appropriations acts, and directed FTA to honor thosedesignations with statutory language specifying that notwithstanding any other provisionof law, projects and activities designated [in the conference reports] shall be eligible forfunding. Each year, more projects were Congressionally designated until finally allJARC project funding was allocated to Congressionally designated projects andrecipients. Although SAFETEALU repealed Section 3037 of TEA21 and substitutedthe new provisions of 49 U.S.C. 5316, those projects designated by Congress underSection 3037 and not yet obligated remain available to the project for obligation underthe terms and conditions of Section 3037.

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    MAP-21 authorized a total of $630 million for Rural Area Formula grants, includingJARC-related projects, for Fiscal Year 2013.

    A formula-based program is intended to provide an equitable funding distribution toStates and communities as well as stable and reliable funding in order to implement

    locally developed, coordinated public transit-human services transportation plans. FTAcontinues to provide maximum flexibility to communities in designing plans and projectsto meet the transportation needs of low-income people and welfare recipients.

    Examples of Projects

    Eligible projects may include, but are not limited to capital, planning, and operatingassistance to support activities such as:

    Late-night and weekend service Guaranteed ride home service Shuttle service Expanding fixed-route public transit routes Demand-responsive van service Ridesharing and carpooling activities Transit-related aspects of bicycling (such as adding bicycle racks to vehicles to

    support individuals who bicycle a portion of their commute or providing bicyclestorage at transit stations)

    Local car loan programs that assist individuals in purchasing and maintainingvehicles for shared rides

    Promotion, through marketing efforts, of the: Use of transit by workers with non-traditional work schedules Use of transit voucher programs by appropriate agencies for welfare recipients

    and other low-income individuals

    Development of employer-provided transportation such as shuttles, ridesharing,carpooling

    Use of transit pass programs and benefits under Section 132 of the InternalRevenue Code of 1986

    Supporting the administration and expenses related to voucher programs Acquiring GIS tools Implementing ITS, including customer trip information technology Integrating automated regional public transit and human service transportation

    information, scheduling, and dispatch functions Deploying vehicle position-monitoring systems Subsidizing the costs associated with adding reverse commute bus, train, carpool

    van routes or service from urbanized areas and non-urbanized areas to suburbanwork places

    Subsidizing the purchase or lease by a non-profit organization or public agency ofa van or bus dedicated to shuttling employees from their residences to a suburbanworkplace

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    Facilitating the provision of public transportation services to suburbanemployment opportunities

    Supporting new mobility management and coordination programs among publictransportation providers and other human service agencies providingtransportation. Mobility management activities may include:

    Promotion, enhancement, and facilitation of access to transportation services,including the integration and coordination of services for individuals withdisabilities, older adults, and low-income individuals

    Support for short-term management activities to plan and implement coordinatedservices

    Support of state and local coordination policy bodies and councils Operation of transportation brokerages to coordinate providers, funding agencies

    and customers

    Provision of coordination services, including employer-oriented TransportationManagement Organizations and Human Service Organizations customer-orientedtravel navigator systems and neighborhood travel coordination activities such as

    coordinating individualized travel training and trip planning activities forcustomers

    Development and operation of one-stop transportation traveler call centers tocoordinate transportation information on all travel modes and to manageeligibility requirements and arrangements for customers among supportingprograms

    Operational planning for the acquisition of intelligent transportation technologiesto help plan and operate coordinated systems inclusive of GIS mapping, GPS,coordinated vehicle scheduling, dispatching and monitoring technologies as wellas technologies to track costs and billing in a coordinated system and single smartcustomer payment systems (acquisition of technology is also eligible as a

    standalone capital expense)

    VI. Needs Assessment

    A facilitated public workshop process was utilized in collecting perceived needs, gapsand barriers in the current public transportation systems in each of the six westerncounties of North Carolina as well as on the Qualla Boundary. If turnout was sufficientlylarge, participants in the workshop where divided into groups to foster the crosspollination of ideas between different agencies and populations. The groups then spenttime identifying the gaps, needs and barriers. One person from each of the groupsreported out to the facilitator who displayed the items on large post-it notes. Anopportunity was provided to all of the participants to ask questions for clarification of theitems listed. All participants were accommodated who had difficulty with any portions ofthe planning process.

    The stated perceived needs, gaps and barriers where quite consistent throughout theregion. The following is a summary identified through the public workshops and othercomments received throughout the planning process.

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    Capital Needs

    New facilities in Cherokee County (headquarters), Jackson County(headquarters), and Graham County (tire / parts storage)

    Maintain / expand fleet Add to or upfit fleet to include alternative-fueled, green, or fuel-efficient vehicles Add bicycle racks to vehicles Technical upgrades: vehicle cameras, data collection, mobile tracking, better

    information technology equipment, etc

    Centralized pick-up / drop-off areas and/or bus shelters Mobility manager software and / or employee

    Operating Needs

    Expand advertising / marketing Voucher program for low-income riders Expand local fixed routes Regional coordination among county providers on inter-county and out-of-region

    trips

    Expanded employment transportation Expanded hours New tourist / recreation routes for seniors and general public Continue medical service transportation Funding and inter-county coordination for college transportation Increased operations funding Additional drivers

    Other Needs

    Direct billing between EBCI and Medicaid

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    Figure 1 below provides a breakdown of the perceived needs of each system in Region A.Appendix B gives a complete list by county as they were prioritized by the attendees ofthe respective workshops.

    Cherokee Clay EBCI Graham Jackson Macon Swain

    New facilities X X X

    Maintain / expand fleet X X X X

    Alternative-fueled, green, orfuel-efficient vehicles

    X X X X X

    Bike racks X X

    Technical upgrades / IT X X X

    Pick-up areas or bus shelters X X

    Mobility manager X X

    Advertising / marketing X X X X X X X

    Voucher X

    Expand local deviated fixedroutes

    X X X X

    Regional coordination X X X X

    Expanded employmenttransportation

    X X X X X

    Expanded hours X X X X X X X

    New tourist / recreation routes X X

    Continue medical servicetransportation

    X

    College transportation X X

    Increased operations funding X X

    Additional drivers X

    Direct Medicaid billing X

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    VII. Needs Assessment in the Long Range HorizonComprehensive Transportation Plans (CTP) in the six western counties have either beencompleted recently, or the planning process is underway or set to begin before the end of2012 (Cherokee County is underway, Graham is scheduled to begin soon, Clay andSwain plans were adopted in 2012, Macon was adopted in 2011, and Jackson in 2010).

    Also, the Eastern Band of Cherokee Indians has recently completed an update, withtransit elements, to its Long Range Transportation Plan. NCDOTs planning has evolvedfrom simple bridge and highway thoroughfare plans to CTPs. Previously, thoroughfareplans identified the existing and proposed highway network needed to handle existingand future-year traffic. The CTP is a five-year, multi-modal plan that identifies the entireexisting and future transportation system and includes highways, public transportation,rail, and bicycle facilities needed to serve the anticipated travel demand. The CTP is moreenvironmentally and community friendly. It strengthens the connections between anareas transportation plan, adopted local land development plan, and community vision.Some of the priorities listed in these plans also appear in Section VIII of this document,in addition to information received at public workshops held in each of the six counties

    and the Qualla Boundary.

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    VIII. Strategies and Priorities for ImplementationEach table below represents strategies with a priority level and projected implementationtime frames for each of the six counties and the Qualla Boundary.

    Cherokee County

    OPERATING NEEDS STRATEGIES

    LEVEL OF

    PRIORITY

    PROJECTED

    IMPLEMENTATION

    STRATEGY:

    Expand advertising. High 6 Months

    STRATEGY:

    Develop transit voucher program for low-incomeriders Medium 1 to 2 Years

    STRATEGY:

    Expand deviated fixed-route public service routes(trips, destinations, and/or hours), including inAndrews and between Andrews and Murphy per2013 CTP. High 1 to 2 Years

    STRATEGY:

    Work with other transit systems to implementregional coordination for out-of-county trips for thegeneral population and veterans.

    Medium 2 to 3 Years

    CAPITAL NEEDS STRATEGIES

    STRATEGY:

    New transit facility including vehicle maintenancearea.

    Medium 1-2 Years

    STRATEGY:

    Expand fleet. Medium 1-2 Years

    STRATEGY:

    Add propane-fueled vehicles to fleet, or upfit existingvehicles to use propane fuel. Low 2 to 3 Years

    STRATEGY:

    Add bicycle racks to vehicles. Medium 1 to 2 Years

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    Clay County

    OPERATING NEEDS STRATEGIES

    LEVEL OF

    PRIORITY

    PROJECTED

    IMPLEMENTATION

    STRATEGY:

    Add tourist route to Qualla Boundary. High 6 Months to 1 Year

    STRATEGY:

    Expand evening hours. High 1 to 3 Year

    STRATEGY:

    Add deviated fixed route on US 64. High 6 Months to 1 Year

    STRATEGY:

    Expand employment transportation service. Medium 1 to 2 Year

    STRATEGY:

    Develop / expand marketing plan Low 1 to 2 Year

    CAPITAL NEEDS STRATEGIES

    STRATEGY:

    Upfit some vehicles to use propane fuel. Medium 1 to 3 Year

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    Eastern Band of Cherokee Indians

    OPERATING NEEDS STRATEGIES

    LEVEL OF

    PRIORITY

    PROJECTED

    IMPLEMENTATION

    STRATEGY:

    Expand trips and staff, including a mobilitycoordinator, for in- and out-of-town medical servicetrips, with a priority on life-sustaining treatments, anddevelop direct-billing system with Medicaid.

    High 6 Months to 1 Year

    STRATEGY:

    Improve advertising and promotion, including but notlimited to outreach in the Snowbird community and aSmartphone app. High 6 Months

    STRATEGY:

    Expand number of community runs. Medium 1 to 3 Years

    STRATEGY:

    Offer more shopping trips, and at different times. Medium 6 Months

    STRATEGY:

    Offer ride-share program for commuters fromSnowbird community to Cherokee. Medium 1 to 5 Years

    CAPITAL NEEDS STRATEGIES

    STRATEGY:

    Modernize fleet and fleet management with green andalternative-fuel vehicles with bike racks and GPS,more bus stops, paperless information management,and a dispatching software system. High 1 to 3 Years

    STRATEGY:

    Expand fleet for in- and out-of-town medical servicetrips, with a priority on life-sustaining treatments.

    High 6 Months to 1 Year

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    Graham County

    OPERATING NEEDS STRATEGIES

    LEVEL OF

    PRIORITY

    PROJECTED

    IMPLEMENTATION

    STRATEGY:

    Obtain funding to expand dispatch and operationalservices and hours for job transportation, collegetransportation, and other unmet needs.

    High 1 Year

    STRATEGY:

    Obtain funding for scheduling software Low 2 Years

    STRATEGY:

    Develop centralized pick-up/drop-off areasthroughout county.

    Medium 2 Years

    CAPITAL NEEDS STRATEGIES

    STRATEGY:

    Modernize fleet by adding tracking/GPS systems forvans and clients; and smaller, greener, more fuel-efficient vehicles, including lift-equipped vehicles.

    High 1 Year