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TC Res. No. 2011-05 Authorizing the TOA to establish a paratransit plan in accordance with regulations of the united states department of transportation 49 code of federal regualtions part 37TOWN OF AVON RESOLUTION NO. 11 -05 Series of 2011 A RESOLUTION AUTHORIZING THE TOWN OF AVON TO ESTABLISH A PARATRANSIT PLAN IN ACCORDANCE WITH REGULATIONS OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION, 49 CODE OF FEDERAL REGULATIONS PART 37 WHEREAS, the Town of Avon operates a public transit fixed -route system; and WHEREAS, the U.S. Department of Transportation requires public transit operators to offer complementary paratransit services to individuals who are unable to use the usual fixed route system in accordance with 49 Code of Federal Regulations Part 37; and WHEREAS, the Town has determined that an update to the previous (1992) paratransit planning information and policies is needed; and WHEREAS, the Town Council has conducted public hearings on February 22, 2011 and on March 22, 2011 on the update of the paratransit plan ( "Paratransit Plan Update "). NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON that the Town Council hereby authorizes the Town Manager to establish and adopt a Paratransit Plan, to sign and file federally- required certifications, and to periodically update the Paratransit Plan as needed, in accordance with 49 Code of Federal Regulations Part 37. ACCEPTED, OVED AND ADOPTED March 22, 2011. OF AVON AVON T �.Oi1P�iI .•oo By: co C01.4PP Richard Carroll, Mayor [Seal] Atte • Town of Avon AVO I C O L O R A D O • Paratransit Plan Update For Complementary Paratransit Services Complaint with the Americans with Disabilities Act (ADA) Town of Avon — Avon Transit March 2011 i Table of Contents • Section Page Foreward Regarding the Americans with Disabilities Act ..........................3 1. General Information .................................... ............................... 4 2. Description of Existing Fixed Route Services ...... ..............................4 3. Description of Complementary Paratransit Services .............................4 4. Regulatory Metrics ....................................... ..............................7 Service Requirements Service Area Restrictions or Priorities Based on Trip Purpose Response Time Fare Structure Trip Purpose Hours and Days of Service Capacity Constraints Reservation Capability Other Requirements Attendant Policy Curb to Curb Assistance Policy Shopping Trips Trip Cancellation Policy No Show Definition Policy of Suspension Due to No Shows Appeals Process for Suspension Due to No Shows • Accessibility Requirements Transportation Facility Accessibility Acquisition of Accessible Vehicles Maintenance of Facilities and Vehicles Procedures to Ensure Wheelchair Lift Availability Announcements on Avon Transit Fixed Route Vehicles Vehicle / Route Identification Efforts to Coordinate Service 5. Complementary Paratransit Eligibility Determination Process ..........................10 Rules for ADA Eligibility for Complementary Paratransit Services ADA Certification Process Temporary Disability Eligibility Appeals Process for Individuals Denied Eligibility Policy for Visitors 6. Types of Complementary Paratransit Service Offered by the Town of Avon ........ 11 Origin -to- Destination Service Description Vehicles Used for Transportation Lift and Securement Use Policy Accommodating Other Mobility Devices and Service Animals Other Assistance 7.. Resources ................................................................ .............................13 Certification................................................................... .............................14 PA • Foreward Regarding the Americans with Disabilities Act • The Americans with Disabilities Act of 1990 ( ADA ), Section 223 and associated Amendment in 2008 requires that public entities which operate non - commuter fixed route transportation services also provide complementary paratransit service for individuals unable to use the fixed route system. The regulation issued by the U.S. Department of Transportation, which implement this portion of the law, specify to whom and under what circumstances this service is to be provided. In addition, the regulations require public entities which are subject to the complementary paratransit requirements to develop and administer a process for determining if individuals who request service meet the regulatory criteria for eligibility. ADA complementary paratransit standards are provided for in 49 CFR 37.123 of the Code of Federal Regulations. Federal Transit Administration (FTA) grantees and sub - grantees are required to comply with Title I and Title II of the ADA, which states that no entity will discriminate against an individual with a disability in connection with the provision of transportation service. The law sets forth specific requirements for vehicle and facility accessibility and the provision of complementary paratransit service. The ADA specifies that if a public agency operates a fixed route public transit service it is required to develop and submit a plan indicating how and when complementary paratransit service requirements will be met. The Town of Avon (Avon /Beaver Creek Transit) and the Town of Vail developed and submitted a joint complementary paratransit plan that met the original January 26, 1992 deadline. This document is an update of that original plan with regards to the Town of Avon fixed route and complementary paratransit services. It should be noted that the fixed route transit service currently provided by the Town of Avon and town • boundaries have changed since the filing of the original joint complementary paratransit plan submitted in 1992. This updated paratransit plan will become a sub -part of The Town of Avon Comprehensive Transportation Plan adopted in 2009 (see resource section) along with any future annual fixed route and complementary paratransit plan updates. The Town of Avon (Avon Transit) complies with all requirements of the Americans with Disabilities Act. • 1.0 General Information The Town of Avon is located within Eagle County in the scenic Rocky Mountains of Colorado. Incorporated in 1976, the Town of Avon is eight miles west of Vail on Interstate 70, at the "front door" to the Beaver Creek Resort area. It is bisected by Interstate 70 on the north and Highway 6 on the south. Avon is economically dependent on skiing and tourism. Considered "the heart of the Eagle Valley ", Avon is home to a year round population of 6,500 residents. Winter season tourists and seasonal workers double the town population during annual ski seasons from December to April. 2.0 Description of Existing Fixed Route Services The Town of Avon, Avon Transit, operates a year round "fare free" bus service from 6:30 a.m. to at least 6:30 p.m. daily. Some seasonal evening service is also offered. Core service is generally provided on ten minute headways with the east and west portions of the town serviced every twenty minutes. Town of Avon service is made up of the Blue Line which services the western portion of Avon, West Beaver Creek Blvd., Lake Street, Avon Station, the town commercial area and the Red Line which services the eastern portion of town, Hurd Lane to Stonebridge Drive, west on Hwy 6 to Beaver Creek, then on to Avon Station and the town commercial area. Figure 1 shows the existing Avon Transit Bus Route Map. • In addition, Gondola Shuttle service is provided in the winter season (December through April) for lodging guests and seasonal workers needing to access Beaver Creek Mountain. The Gondola Shuttle services all lodges through out the Town of Avon, the town commercial core and Avon Station on a ten minute frequency. Avon Station, located on Benchmark Road is the Town of Avon's multi -modal transportation facility. Here passengers may access the Westin Riverfront Gondola to Beaver Creek, the Eagle County • Regional Transportation (ECO) buses heading east to Vail, Minturn, Leadville or west to Edwards, Eagle, Gypsum and Dotsero. Beaver Creek Resort skier shuttle buses can be accessed at the Avon Station as well. Currently Avon's Transit System is "fare free ". Imposition of a fare to Avon Transit riders may occur in the near future. 3.0 Description of Complementary Paratransit Transportation Services The ADA regulations require the Town of Avon, Avon Transit, as a public entity who operates a fixed - route system, provide complementary paratransit service to individuals with disabilities that is comparable to the level of service provided to individuals without disabilities who use the fixed -route transit system per 49 CFR 37.131 (a). ADA regulations require service area to be within % mile of the fixed -route system. Per 49 CFR 37.131 (g), public entities may provide complementary paratransit service to ADA paratransit individuals exceeding that required by Sec. 37.131. Accordingly, since at least 1992, the Town of Avon's complementary paratransit service area is within 3/ mile of the fixed -route system. Figure 2 shows the location of Avon Transit's existing paratransit service area. Future near -term paratransit transit services will likely be extended to the east and the west, as shown in Figure 3. This would occur consistent with extensions of fixed route service. 0 • Figure 1. Avon Transit Bus Route Map 5 ADA Bus Coverage Area Figur ma �Pem so- ro 2. Existing Paratransit Bus Coverage Area 6�1 I, I - ADA Bus Coverage Area Figur ma �Pem so- ro 2. Existing Paratransit Bus Coverage Area • 4.0 Regulatory Metrics Service Requirements Service Area: Avon Transit meets the service area requirements by providing complementary paratransit service to origins and destinations, not already serviced by another transit provider, and located within a 3/ mile unobstructed corridor on each side of each fixed route, including the terminus of each route. Restrictions or Priorities Based on Trip Purpose: Requests for all types of ADA eligible trips will be accepted and provided within Avon Transit's service area. Response Time: Avon Transit accommodates trip requests using a "next day" response time. In addition, same -day trip requests are accommodated on a space - available basis. Fare Structure: Avon Transit does not charge for complementary paratransit service. Hours and Days of Service: Complementary paratransit service is provided during the same hours and days as the fixed route bus service. It is important to remember that a passenger must be certified as being ADA eligible before the passenger can make a reservation request. Reservation Capability: Requests for Avon Transit complementary paratransit service to certified ADA eligible users on a particular day will be accommodated as long as the reservation is made anytime during the previous day's business hours. Customers calling Avon Transit requesting same day scheduling will be accommodated in a space available basis. ADA complementary paratransit trips may be requested during the following times: • Avon Transit office business hours, 8:00 a.m. -4:00 p.m., Monday through Friday Capacity Constraints: Avon Transit does not maintain waiting lists which would constrain demand on paratransit capacity. Avon Transit does not have any documented trip denials as defined in the ADA regulation. Avon Transit does not limit the number of ADA eligible complementary paratransit trips to ADA eligible passengers of the public transportation system. Other Requirements Attendant Policy: Personal care attendants (PCA) will be permitted to accompany ADA eligible riders on ADA eligible trips at no extra charge. Avon Transit will require that passengers state the need for a PCA when they request ADA eligibility certification. One guest will be allowed to accompany an ADA eligible complementary paratransit passenger on their ADA eligible paratransit trip. Children under the age of 12 are required to be accompanied by a parent, guardian or another responsible adult. Curb -to -Curb Assistance Policy: It is the policy of Avon Transit to provide complementary paratransit services within the Town of Avon. Transportation service is provided by ADA accessible buses. Drivers are trained to provide minimal assistance only. Drivers are not trained to provide medical assistance. To ensure timely service, Avon Transit' complementary paratransit services are considered curb - to -curb. On a case -by -case basis, Avon Transit drivers may provide door -to -door assistance, but • in no case will they be expected to go beyond that level of service. 7 Shopping Trips: To ensure timely service, passengers are encouraged only to bring what they • can carry on their own or with assistance of a personal care attendant (PCA). Trip Cancellation Policy: There is no penalty for cancellation of a scheduled ADA trip as long as notice is given at least one (1) hour in advance of the scheduled pick up time. We ask that passengers be cooperative in reducing cancellations. Cancellations are disruptive to the overall operation as the time could have accommodated other passengers. Passengers should call Avon Transit at (970) 748 -4120 as soon as you know you need to cancel a scheduled trip. Cancellations can be made by leaving a message on the answering system 24 hours a day, 7 days a week, but every effort should be made to call during business hours which are between 8:00 a.m. and 5:00 p.m., Monday through Friday. No Show Definition: We request that passengers be ready to be transported five minutes ahead of schedule. Avon Transit defines a No Show as occurring when all five of the following circumstances have occurred: a. The customer (or customer's representative) has scheduled ADA complementary paratransit service. b. There has been no call by the customer or his /her representative to cancel the scheduled trip one or more hours before the start of the pick -up window. c. The paratransit vehicle has arrived at the scheduled pick -up point by the scheduled pick -up time. d. The driver has waited at least 5 minutes beyond the scheduled pick -up time, but the customer has failed to board the vehicle. e. The driver cannot reasonably see the customer approaching the vehicle. Policy of Suspension Due to No Shows: Avon Transit reserves the right to suspend • service to an individual who, for reasons within his /her control has a "pattern or practice" of missing scheduled trips. In the event of three no shows / no calls in a three month period, Avon Transit has the right to suspend service. Appeals Process for Suspension Due to No Shows: Avon Transit has established an administrative appeals process through which an individual who has had service suspended due to excessive No Shows can obtain review of the suspension. a. All suspensions of service due to No Shows are subject to a formal appeal, in writing to the Town of Avon, Avon Transit, P.O. Box 975, Avon, CO 81620. b. Appeal of the decision to suspend service to an individual must be filed within 60 days of the written notification of the decision to suspend service. c. Avon Transit's Transit Manager will review the written request and make a determination with fourteen (14) business day. d. The customer will be notified in writing regarding the decision made by the Town of Avon Transit Manager as to the decision made upon completion of the appeals process and the reasons for it. e. Any person aggrieved by the decision of the initial decision maker may appeal to the Town of Avon Transportation Director. Accessibility Requirements Transportation Facility Accessibility: Town of Avon, Avon Transit, will construct all new public transit facilities to be used in providing public transportation services so that the facility is readily accessible to and usable by individuals with disabilities. • Acquisition of Accessible Vehicles: Town of Avon, Avon Transit ensures that all vehicles • procured or leased will provide equal facilitation for individuals with disabilities. Maintenance of Facilities and Vehicles: Town of Avon, Avon Transit will maintain in operative condition those features of vehicles and public facilities that are required to make the vehicles and facilities readily accessible to and usable by individuals with disabilities. These features include, but are not limited to, wheelchair lifts and other means of access to vehicles, securement devices, elevators, signs and systems to facilitate communications with persons with impaired vision or hearing. Accessibility features are repaired promptly if they become damaged or inoperable. When an accessibility feature is out of order, Avon Transit takes reasonable steps to accommodate individuals with disabilities who would otherwise use the feature. This section does not prohibit isolated or temporary interruptions in service or access due to maintenance, weather, special events, construction related road closures, or vehicle repair issues. Procedures to Ensure Wheelchair Lift Availability: Avon Transit ensures, through their adopted vehicle maintenance inspection programs, that a system of regular and frequent maintenance checks of wheelchair lifts is sufficient to determine if they are operable. Vehicle operators are required to report to the appropriate maintenance personnel, by the most immediate means available, any failure of wheelchair lift to operate in service. When a wheelchair lift is discovered to be inoperative, except as noted below, the vehicle is taken out of service immediately and replaced with a vehicle that has an operative wheelchair lift. If no vehicle with an operative wheelchair lift is available (and removing the vehicle with the inoperative wheelchair lift would result in a reduction of transportation service), the vehicle with the inoperative wheelchair lift may remain in service for a period not to exceed three service days. • In any case in which a vehicle is operating on a fixed route with an inoperative wheelchair lift, and the headway to the next accessible vehicle on the route exceeds thirty (30) minutes, Avon Transit attempts to provide alternative transportation to individuals with disabilities who are unable to use the vehicle because its wheelchair lift does not work. Announcements on Avon Transit Fixed Route Vehicles: On fixed route service, Avon Transit vehicle operators announce the following: 1. transfer points common to two or more buses or other conveyances; 2. major destination points; and 3. Intervals along a route sufficient to permit individuals with visual impairments or other disabilities to be oriented to their location. In addition, vehicle operators will announce specific points upon request. Vehicle / Route Identification: Avon transit procures or leases vehicles that feature destination signs that meet the requirements of the ADA. Despite these signs, persons with visual impairments or other disabilities may have difficulty identifying the proper vehicle to enter. Where vehicles or other conveyances for more than one route serve the same stop, Avon Transit vehicle operators attempt to make visual contact with prospective riders to determine if service is desired. If visual contact cannot be made, the vehicle operator will stop the bus and make verbal contact to inform the person (s) of route information (that route's destination, other destinations served by that bus stop, etc.). Efforts to Coordinate Service • 49 CFR 37.131 (a) requires that this plan identify any person or entity (public or private) which provides a paratransit or other special transportation service for ADA paratransit eligible individuals in the service 4 area to which the plan applies. Other entities providing complementary paratransit services in and around the Avon Transit Service area include: Eagle County Regional Transportation District (ECO • Transit), Beaver Creek Metro District, Bachelor Gulch and Arrowhead Metro Districts. Avon Transit will assist all servicing passengers whose origin or destination is outside Avon Transit's service area to find and /or coordinate service with the appropriate provider. Avon Transit shall work with all area providers of complementary paratransit services to avoid duplication of services where possible. 5. Complementary Paratransit Eligibility Determination Process Rules for ADA Eligibility for Complementary Paratransit Services ADA complementary paratransit service must be provided to all passengers described as being ADA eligible under 49 CFR 37.123. ADA eligibility includes the following: 1. Any individual with a disability who is unable, as a result of a physical or mental impairment (including a visual impairment), and without the assistance of another individual (except the operator of a wheelchair lift or other boarding assistance device), to board, ride or disembark from an accessible vehicle in the system. Included in this category are individuals with mental or visual impairments who cannot navigate the system. 2. Persons who cannot use vehicles without lifts or accommodations. These persons are eligible for paratransit service if accessible fixed -route vehicles are not available on the bus routes in which they need to travel, when they need to travel during operational hours of Avon Transit. 3. Persons with specific impairment related condition(s) that cannot travel to a boarding location or from a disembarking location to their final destination. The condition must prevent the person from using the fixed -route system. Condition(s) that make getting to the fixed -route bus stop • "more difficult" do not grant eligibility. Second, architectural barriers (such as no curb cuts) not under the control of Avon Transit, and environmental barriers (such as distance, terrain, and weather) do not, when considered alone, confer eligibility. If, however, travel to or from a boarding location is impossible when these factors are combined with the person' specific impairment - related condition(s), conditional paratransit service will be provided to eligible passengers. ADA Certification Process Applications for certification as being ADA eligible for Avon Transit's complementary paratransit service are available at Avon Transit's offices located at 500 Swift Gulch Road, Avon, Colorado, 81620. A request for a copy to be mailed can be make by calling the Avon Transit office at (970) 748 -4120. Applications are also available for down load from the Town of Avon website located at www.avon.orq by clicking on Transportation. This website also includes hours of operation, fixed -route bus schedules and a bus route map. Once the application is received, Avon Transit will notify the applicant within twenty one (21) days of his /her eligibility status. If a determination has not been made within twenty one (21) days of receiving the completed application, the applicant will be treated as eligible and will be provided service until or unless Avon Transit denies the application. The applicant will receive a letter verifying whether eligible for service or not. If denied, Avon Transit will state specifically the reason for the denial. Certification applications are available to anyone who requests them and are made available electronically at www.avon.org. Certifications are renewed every three (3) years. Temporary Disability Eligibility Any individual with a temporary disability, for the purpose of determining ADA eligibility for paratransit • service will be subject to the same standards as those with a permanent disability. Certification of eligibility in such cases will be subject to a specific expiration date. 10 • Appeals Process for Individuals Denied Eligibility Avon Transit has established an administrative appeals process through which an individual who has been denied ADA complementary paratransit eligibility can obtain review of the denial. 1. Appeal of the denial to certify an individual as ADA paratransit eligible must be filed within sixty (60) days of written notification of the determination. 2. Upon receipt of the denial, Avon Transit will provide the individual with the opportunity to be heard and to present information and arguments to an individual not involved with the initial decision to deny eligibility. Avon Transit will again provide written determination as to the decision made upon completion of the appeals process and the reasons for it. 3. Any person aggrieved by the initial decision maker may appeal to the Director of Transportation. 4. Any person aggrieved by the decision of the Director of Transportation may appeal to the Avon Town Manager. 5. Avon Transit will not provide complementary paratransit service to the applicant pending determination on appeal. However, if the Appeals Process takes longer than 30 days, Avon Transit will provide ADA service from that time until and unless a decision to deny the appeal is issued. 6. If an applicant appeal is denied and the applicant thinks the ADA paratransit eligibility process was unfair, the applicant can file a complaint with the Federal Transit Administration Office of Civil Rights, 1200 New Jersey Avenue SE, Washington, DC 20590; voice phone (292) 366 -4040 or (202) 366 -8538 (TTY). • Policy for Visitors In accordance with the federal regulations published by the United States Department of Transportation, Avon Transit will make complementary paratransit service available to any individual with disabilities who does not reside in the Town of Avon. Avon Transit will treat as eligible all visitors who present documentation that they are ADA eligible under the ADA paratransit eligibility criteria in the jurisdiction in which they reside. All visitors requesting complementary paratransit service in the jurisdiction in which Avon Transit provides service, who do not have documentation from another jurisdiction, may apply for eligibility as defined above. Avon Transit will provide complementary paratransit service to a visitor who has documentation of ADA paratransit eligibility from another jurisdiction for a period of up to twenty one (21) calendar days; service beyond that period will require formal Avon Transit eligibility. 6.0 Types of Complementary Paratransit Service Offered by Avon Transit Origin -to- Destination Service Description Avon Transit's complementary Paratransit service for ADA eligible users will be an origin -to- destination service. This includes: • Curb to curb paratransit service. • Paratransit feeder service to an accessible fixed route, where such service enables the individual • to use the fixed route bus system for part of the trip. Paratransit feeder service to a neighboring jurisdiction/ neighboring transit provider such as ECO • Transit, Vail Transit and Beaver Creek Village Transportation. Vehicles Used for Transportation The Town of Avon's fleet consists of ten buses, which are all ADA accessible and are available for fixed route and complimentary paratransit service. Table 1. Avon Transit Vehicle Inventory Make /Model Year Unit # Ambulatory Wheelchair Capacity Capacity Gillig Phantom 1994 830 37 2 Gillig Phantom 1996 838 43 2 Gillig Phantom 1998 849 37 2 Gillig Phantom 2003 850 35 2 Ford -E450 2004 816 19 1 Ford -E450 2004 817 19 1 Optima Opus 2005 853 32 2 Gillig 2007 854 28 2 Gillig Hybrid 2007 855 28 2 Gillig 2008 856 28 1 2 Lift and Securement Use Policy In accordance with regulation, Avon Transit will provide service to all common wheelchairs and their • users. A common wheelchair is a wheelchair that does not exceed 30 inches in width and 48 inches in length measured two inches above ground and does not weigh more than 600 pounds when occupied. Wheelchairs are defined to include three - wheeled and four - wheeled mobility aids. Three - wheeled scooters and other non - traditional designs will be transported. Passengers are advised that drivers are not permitted to operate a scooter or electric wheelchair onto the lift. The passenger is responsible for getting onto the lift with minimal driver assistance. Use of the securement system on Avon Transit's vehicles will be a required condition of service. All wheelchairs and mobility devices must be secured to Avon Transit's satisfaction before transport. When transporting passengers using three - wheeled wheelchairs or other mobility devices, Avon Transit can request that the passenger transfer into a bus seat. The passenger, in this case, has the final decision as to whether a transfer is appropriate given the passengers' particular disability. As the regulations require, a passenger who cannot enter the vehicle using the stairs or ramp, but who does not use a wheelchair, will be allowed to enter the vehicle using the lift. Accommodating Other Mobility Devices and Service Animals Avon Transit will permit the use of a lift for Segway or other personal transportation devices when used as a mobility device by eligible customers as long as it does not exceed the size and weight for a common wheelchair (30 x 48 inches and not exceeding 600 pounds including the user) per 49 CFR 37.3. Securement provisions do not apply. In accordance with the Americans with Disabilities Act (ADA), all paratransit passengers will be permitted to travel with service animals trained to assist them. The ADA defines a service animal as any guide dog, signal dog or other animal trained to provide assistance to an individual with a disability. Animals that • 12 • C, • meet this definition are considered service animals under the ADA, regardless of whether they have been licensed or certified by a state or local government. Passengers with disabilities who use service animals will not be charged extra fees, isolated from other passengers, or treated less favorably than other passengers. Avon Transit does not prohibit an individual with a disability from traveling with a respirator or portable oxygen supply, consistent with applicable Department of Transportation rules on the transportation of hazardous materials (49 CFR subtitle B, Chapter 1, subchapter C). Other Assistance All material made available to applicants and passengers of Avon Transit's complementary paratransit service will be provided in accessible formats upon request. Contact Avon Transit at 500 Swift Gulch Road, Avon, CO 81620 or by phone 970 - 748 -4120. Revisions to Paratransit Plan In Resolution 11 -05, the Avon Town Council adopted this Paratransit Plan Update and authorized the Town Manager to make subsequent modifications and renewals of this plan as needed, to maintain a living document and stay current with the state and federal requirements, Such updates will be conducted with proper public notice and an opportunity for public comment as is federally required. 7. Resources Town of Avon Comprehensive Transportation Plan available at www.avon.org The following entities are publishing this plan amendment for the Town of Avon: Jane Burden, Transit Superintendent Town of Avon 500 Swift Gulch Road P.O. Box 975 Avon, CO 81620 970 - 748 -4120 970 - 748 -1958 fax Larry Brooks, Avon Town Manager Town of Avon One Lake Street P.O. Box 975 Avon, CO 81620 970 - 748 -4000 970 - 748 -4078 fax 13 • Certification The Town of Avon hereby certifies that it has reviewed this Paratransit Plan Update which is ADA Complementary Paratransit Plan required under 49 CFR Part 37, 139(h) and finds it to be in conformance with the ADA complementary paratransit plan requirements of 49 CFR Part 37, 1390) and in conformance with the Town of Avon's Comprehensive Transportation Plan developed under 49 CFR Part 613 and 23 CFR Part 450 (the FTA/FHWA) joint planning regulation). Additionally, by signature below, this certification certifies that the Town of Avon is committed to providing Complementary ADA Paratransit Service as part of the Colorado Department of Transportation's Intermountain Regional Plan. During the period 2/18/2011 through 3/2/2011 (33 days), the Town of Avon maintained an open comment period to provide time for the public to submit comments on the draft version of this Paratransit Plan Update. On 2/22/2011 and on 3/2/2011, the Town of Avon conducted a public hearing on this Paratransit Plan Update to provide an opportunity for all interested persons to comment and participate. This Paratransit Plan Update is authorized and adopted by Resolution No. 11-05, • adopted by the Avon Town Council on 3/22/2011. Resolution 11 -05 authorizes the Town Manager to sign this certification and to sign subsequent certifications as needed in association with making administrative modifications or renewals of this plan document in the future in order to allow the Town to remain current and compliant with state and federal requirements. Authorizing Official: Signature Larry Brooks Town Manager Date 14 • • Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager Approved By: Eric Heil, Town Attorney From: Jane Burden, Transit Superintendent Jennifer Strehler, Director of Public Works & Transportation a � Date: March 22, 2011 Re: Adoption of the Town of Avon Paratransit Plan Update Summary The Town Council is requested to approve Resolution 11 -05 which adopts the March 2011 version of the Town of Avon Paratransit Plan Update. This plan amends and •replaces previous 1992 version. Resolution 11 -05 authorizes the Town Manager to sign the associated federal certification and subsequent certifications which are required by the Federal Transit Administration (FTA) annually and /or whenever the plan is modified. The evening meeting will include a brief presentation by Jane Burden, Avon Transit Superintendent, with an opportunity for questions, answers and public input. Previous Council Actions February 22, 2011- A public hearing was held to accept comments on the February 2011 draft of the Paratransit Plan Update. October 27, 2009 - Approved Comprehensive Transportation Plan which includes strategic transit planning of both near -term and long -term transit service intentions to be provided by Avon Transit on behalf of the Town of Avon. January 23, 1992 - Approved original Joint ParaTransit Plan (prepared in concert with ECO Transit and Town of Vail) Background The Federal Transportation Administration (FTA) requires that public transit agencies have on file a Paratransit Plan that is in compliance with the Americans with Disability Act (1990) and associated Act Amendments (2008). The core goal of this plan is to ensure that service provided to persons with disabilities is be equivalent to that provided to persons who are not disabled. Transportation services must be equivalent with regard to: response time, fares, geographic area of service, hours and days of service, •restrictions on trip purpose, reservation capability /availability of information, and constraints on capacity. For public entities operating fixed route service, equivalent service must be extended to persons whom are unable to board accessible fixed route Page 1 of 3 buses. This is done by providing paratransit service which is comparable to the fixed route service. Avon Transit needs to file an updated paratransit service plan with the • FTA because the previous 1992 Paratransit Plan is out dated. Discussion The Comprehensive Transportation Plan (2009) outlined current and future transit plans for fixed route public bus service within the Town of Avon. The service area and route plan described in that plan are consistent with the land use and growth vision established in the Town's Comprehensive Plan (2007). This information formed the basis of the bus paratransit service offerings described in the attached Paratransit Plan Update. Avon Transit staff prepared this Paratransit Plan Update based on the federal requirements for public transit service. Service area boundaries have generally been located within 0.75 miles of existing fixed routes. Where physical boundaries exist that restrict vehicle access (e.g., rivers, highways, interstate, railroad, steep topography) or where other paratransit service providers already offer such services, staff restricted Avon's paratransit service area boundaries appropriately. The Town already offers such service to qualified riders and has been doing so for many years. The "current service area" map (Figure 2) in the attached plan shows where paratransit services are already available. Note that there are several other paratansit service providers in the surrounding area, who's service area boundaries overlap with that of Avon Transit. Avon Transit is expecting to offer paratransit services sometime in the future throughout the area shown in Figure 3. This expectation is consistent with the "near -term plan" for expanded transit as described in the Comprehensive Transportation Plan (2009). Note that the Town is not bound to extend such service in accordance with this future plan • map or by any date certain. It is simply offered here only to establish one possible vision of future paratransit service that is consistent with the Town's other adopted plans. Information on eligibility and how to obtain services is described in the attached plan. Bus riders with additional questions are encouraged to call Avon Transit at (970) 748- 4120. A 30 -day public comment period on the draft Paratransit Plan Update was initiated on February 22, 2011. This document was made available to the public on the town web site and at Avon Transit's main office located at 500 Swift Gulch Road in Avon. As of the March 16, 2011, an open public comment period of more than 30 days has been provided and no public comments were received on the draft plan. It is expected that tonight's meeting will end the open public comment period and offer the opportunity for the Town Council to approve Resolution 11 -05. Resolution 11 -05 adopts the final Paratransit Plan Update and allows the Town Manger to sign and submit the required federal certifications. In order to remain current with changing federal, state, and local requirements and to streamline town business, Resolution 11 -05 and the final plan has been written to allow future modifications to be made administratively by the Town Manager provided that the federal process is followed. In other words, future changes will require proper public notice and a public comment period, but they would not necessarily require Town Council action for re- adoption. • This plan was submitted and approved by the Town Attorney for legal content. Page 2 of 3 Financial Implications: • No financial impacts to the Town at this time. This updated plan was prepared by town staff, saving about $40,000 in consulting services customary for this type of document. Motion Move to approve Resolution 11 -05 - A Resolution which adopts the March 2011 Paratransit Plan Update and authorizes the Town Manager to sign the federal certifications for this plan and for future updates to this plan. Town Manager Comments • • Page 3 of 3 TOWN OF AVON • RESOLUTION NO. 11 -05 Series of 2011 A RESOLUTION AUTHORIZING THE TOWN OF AVON TO ESTABLISH A PARATRANSIT PLAN IN ACCORDANCE WITH REGULATIONS OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION, 49 CODE OF FEDERAL REGULATIONS PART 37 WHEREAS, the Town of Avon operates a public transit fixed -route system; and WHEREAS, the U.S. Department of Transportation requires public transit operators to offer complementary paratransit services to individuals who are unable to use the usual fixed route system in accordance with 49 Code of Federal Regulations Part 37; and WHEREAS, the Town has determined that an update to the previous (1992) paratransit planning information and policies is needed; and WHEREAS, the Town Council has conducted public hearings on February 22, 2011 and on March 22, 2011 on the update of the paratransit plan ( "Paratransit Plan Update "). NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON that the Town Council hereby authorizes the Town Manager to establish and adopt a • Paratransit Plan, to sign and file federally- required certifications, and to periodically update the Paratransit Plan as needed, in accordance with 49 Code of Federal Regulations Part 37. ACCEPTED, APPROVED AND ADOPTED March 22, 2011. AVON TOWN COUNCIL [Seal] Attest: Patty McKenny, Town Clerk Richard Carroll, Mayor •