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| Planning > Certification Review - OKI 2005 |
| Metropolitan Planning Process Cincinnati, Ohio Transportation Management Area |
By: Federal Highway Administration Federal Transit Administration December 1-2, 2004 |
A. Introduction
B. Desk Audit
C. Site Visit
D. Resolution of the 2001 Certification Review Recommendations
E. Other Issues
F. Public Meeting Summary
G. Closeout Meeting
H. Findings of the Certification Review
I. Commendations
J. Recommendations
K. Corrective Action
L. USDOT Certification Action and Follow-Up
The landmark Intermodal Surface Transportation Assistance Act of 1991 (ISTEA) put the Metropolitan Planning Organizations (MPOs) on a more level footing with state Departments of Transportation. It doubled the federal funding for MPOs, expanded their horizons to include multimodal solutions to congestion problems, broadened the requirement for public involvement, and required that the MPO plans and programs be fiscally constrained. In keeping with the new federal role, ISTEA included new provisions to help assure that Federal regulations were indeed being met, and the requirement for a joint FHWA/FTA certification of the transportation process in Transportation Management Areas (TMAs) was introduced. The Transportation Equity Act for the 21st Century (TEA-21) continues this proactive Federal certification requirement. The TEA-21 provisions are codified in sections 134 of 23 U.S.C., and 1607 of 49 U.S.C. Regulations implementing these requirements are included in 23 CFR 450. One of these requirements, outlined in Section 450.334, calls for Federal agencies to review and certify, at least every three years, that the transportation planning process of MPOs designated as TMAs, is in compliance with the TEA-21 requirements. This review, coupled with routine oversight mechanisms, provides an opportunity to assess the progress being made toward these goals.
As a result of this review, FHWA and FTA may take one of four actions as appropriate:
The Ohio-Kentucky-Indiana Regional Council of Governments (OKI) transportation planning process is a credible endeavor and is hereby jointly certified subject to the following Corrective Action: Kentucky Transportation Cabinet (KYTC) shall officially request OKI to determine how the Dedicated (suballocated) STP funds will be spent beginning July 1, 2005. The OKI will be challenged in the coming months by the scale of the Brent Spence Bridge over the Ohio River and anticipated private development in the area, the impacts upon the transportation system, and the inevitable pressure to make quick decisions so as not to hold up progress and schedules.
The Federal Highway Administration and the Federal Transit Administration reviewed the OKI transportation planning process in accordance with the requirements 23 CFR 450.334 which states that all urbanized areas over 200,000 be reviewed at least every three years to assure that the process is in accordance with federal regulations. The review included a desk audit (November 3, 2004), a site visit (December 1-2, 2004), and a public meeting to receive comments. The Federal Review Team also recognizes OKI's SFY 2004-2007 Transportation Improvement Program as being approved by the OKI's Board of Trustees and Governor Taft's designee.
Good examples of metropolitan transportation planning practices are evident in Cincinnati. We specifically note OKI taking the lead in drafting a Conformity MOA to be submitted by the State Air Agencies as part of their respective State Implementation Plans, OKI's "after action" review of the effectiveness of roadway improvement projects believed to be the first of its kind in Kentucky, and the exceptional Community Involvement Plan that is being utilized for the Uptown Transportation Study. We also wish to commend the work of OKI Executive Director Mark Policinski for his leadership, Transportation Planning Director Bob Koehler for his communication and organizational skills, and the remainder of the OKI staff for their professional capabilities.
This report also contains recommendations for consideration in furthering program excellence, including: update the Bicycle Plan to better recognize bicycles as a transportation mode, include a point system for Freight Corridors in the project scoring process, revise the Title VI project rating system, revise all agreements to include the newly designated planning area within Dearborn County, IN, revise the prospectus, and expand the financial plan of the 2030 TP to describe in more detail the source of all proposed funding revenues.
Through periodic discussions, monitoring and reviewing of OKI's Unified Planning Work Program (UPWP), Transportation Plan (TP), Transportation Improvement Program (TIP) and other required reports, the FHWA and FTA field staff stay informed of current planning activities, plans, and projects. The FHWA and FTA staff ensure that the activities, plans and projects are based on a continuing and comprehensive transportation planning process carried on cooperatively by OKI, KYTC, and the Ohio Department of Transportation (ODOT). In addition, the FHWA Division Offices of Ohio and Kentucky regularly attend technical and policy board meetings as a means of providing technical assistance to the MPO and monitoring of the planning process.
On December 1-2, 2004 the formal certification review of the transportation planning process was conducted for the Cincinnati, Ohio TMA. The review team consisted of representatives from the FHWA Ohio Division Office in Columbus, the FHWA Kentucky Division Office in Frankfort, the FHWA Division Office in Indianapolis, and the FTA Region 5 Office in Chicago.
The review consisted of three major components: a desk review, a site visit, and a meeting with the public. A discussion of these components follows. The notification letter from FHWA to OKI dated September 28, 2004 is attached to the file copy of this report as Attachment A.
The desk audit for the Cincinnati review was conducted on November 3, 2004. The following individuals participated:
Stew Sonnenberg - Planning & Urban Mobility Team Leader, Ohio Division
Bernadette DuPont - Planner, Kentucky Division
Larry Heil - Planning Team Leader, Indiana Division
David Werner - Community Planner
The audit consisted of discussing OKI's current major transportation planning products, i.e., UPWP, TP, and TIP in addition to the Federal Review Team's collective knowledge of the planning issues in the area. Based upon these discussions, the Federal Review Team determined that the Planning Certification Review would consist generally of a follow-up of the recommendations made during the 2001 Certification Review, and then focus on the following issues:
The November 8, 2004 FHWA letter to OKI containing the Findings of the Desk Audit and the Planning Certification Review agenda for the site visit is attached to the file copy of this report as Attachment B.
The site visit portion of the review took place on December 1-2, 2004 at the OKI office. The Federal Review Team consisted of the following individuals:
Stew Sonnenberg - Planning & Urban Mobility Team Leader, Ohio Division
Mark VonderEmbse - Urban Programs Engineer, Ohio Division
Herman Rodrigo - Office Director, Ohio Division
Bernadette DuPont - Planner, Kentucky Division
Greg Rawlings - Planner, Kentucky Division
Shirley Scott - Civil Rights, Kentucky Division
Michael Loyselle - Area Engineer, Kentucky Division
Larry Heil - Planning Team Leader, Indiana Division
Dave Franklin - Planner, Indiana Division
David Werner - Community Planner
Messrs. Mark Policinski, Executive Director and Bob Koehler, Director of Transportation Planning, were present during all discussions of the site visit as were representatives from the ODOT, KYTC, OKI, Southwest Ohio Regional Transit Authority (SORTA), and Transit Authority for Northern Kentucky (TANK). Attendance sheets for both review dates and for the Public Involvement Meeting are attached to the file copy of this report as Attachment C.A summary of the most important issues discussed during the site review follows.
2001 Corrective Action: The Team could not determine how the Bike Plan was factored into OKI's fiscal constraint analysis. Although the bike plan included costs per mile of different facilities, the costs were not totaled and do not appear to have been carried into Chapter 15 of OKI's LRTP. By not including bikeway projects in the LRTP, the overall fiscal constraint of the plan could be compromised as Transportation Enhancement and highway funds are invested in the facilities identified by the bike plan. OKI must correct this apparent deficiency by the next update of the LRTP.
2004 Response: OKI's 2004 TP update specifically identifies and includes costs for Bike projects in the fiscally constrained portion of the TP. Priority projects are identified and considered in the fiscal constraint of the Plan. Tables 11-1, 13-1 and 16-3 of the OKI 2030 Regional Transportation Plan illustrate these costs and projects. Based upon our review of the information presented, we find that OKI has made satisfactory efforts in complying with the Corrective Action and is in substantial compliance with the requirements.
2001 Recommendation #1: Recommendation that OKI adds a new descriptor in their TIP. This field would describe the modes (highway, transit, bike, pedestrian, rail, water, air) of a project, and it would better communicate the project purpose and make scoring the project easier.
2004 Response: The field has been added to the TIP. Based upon our review of the information presented, we find that OKI has made satisfactory efforts in complying with Recommendation #1 and is in substantial compliance with the requirements.
2001 Recommendation #2: Recommendation that in developing the TIP, there be better documentation of financial commitment by ODOT, KYTC, local governments, and transit to facilitate TIP amendments.
2004 Response: OKI has expanded its fiscal constraint documentation in their TIP which should also help to facilitate TIP amendments. For instance, when ODOT encumbers dollars for a project, reimbursement for qualifying expenses is assured. ODOT suballocates STP, CMAQ and Transportation Enhancement funds to OKI for the fiscal years covered in the TIP. Fiscal constraint is applied by ODOT through the federal obligation ceiling on allocated federal funds. For KYTC, projects are legislated through the Kentucky Six-Year Plan. Therefore OKI assumes each state is fiscally responsible for projects advanced to the TIP per each State's request. KYTC does not pass- through CMAQ funding to its MPO's, nor does it require fiscal constraint against a pass-through obligation ceiling. Obtaining financial commitments from locals and transit agencies was found to be more difficult. OKI has made a good faith effort to collect and estimate the amount of dollars spent by local governments on transportation (capital and O&M). Transit dollars are tracked through the TIP and extrapolated out. Based upon our review of the information presented, we find that OKI has made satisfactory efforts in complying with Recommendation #2 and is in substantial compliance with the requirements.
2001 Recommendation #3: Recommendation and encouragement that OKI continue to pursue the adoption of their land use policy. US. DOT staff believes OKI's efforts are heading in the right direction, and completion of what is underway has the potential to be a solid foundation to address this issue. The Kenton County study that tied planning and land use is a good example that OKI has the potential to affect the region with the completion of these activities.
2004 Response: The OKI Board of Trustees, sitting as a Commission on Land Use, is pursuing the adoption of land use policies in the form of a strategic regional policy plan. The plan will strengthen the land use/transportation connection in the region and advance the practice of transportation planning at OKI. The Commission seeks to bring about more consistency between long range transportation planning, a primarily regional process, and land use planning, a primarily local process. In 2004, the Commission concluded five work sessions on policy development. The Commission favors an approach that promotes infilling and is concerned with the cost of additional and maintaining existing infrastructures. OKI will seek public input during the Spring of 2005 and is scheduled to conclude its work in April 2005. OKI will implement the strategic policy plan, in part, by tying its prioritization processes to up-to-date local comprehensive plans, and by producing cost-of-services models and other tools to be used by local governments at their discretion. Based upon our review of the information presented, we find that OKI has made satisfactory efforts in complying with Recommendation #3 and is in substantial compliance with the requirements.
2001 Recommendation #4: Recommendation that the 1993 pedestrian plan be updated. The bicycle plan was updated in 2001. It was unclear whether the 1993 assumptions are still valid in the LRTP. Furthermore, the U.S. DOT Team encourages OKI to more proactively lead the Region in addressing ADA by including strategies to update facilities that are not accessible and usable by disabled persons.
2004 Response: The OKI Pedestrian Plan has been updated. The Walkability Toolbox in the Plan includes descriptions on how to address ADA requirements as well as Title VI. The OKI Board of Trustees and Executive Committee adopted the Plan on June 10, 2004. Based upon our review of the information presented, we find that OKI has made satisfactory efforts in complying with Recommendation #4 and is in substantial compliance with the requirements.
2001 Recommendation #5: Recommendation that the bicycle plan be revised to include a more comprehensive evaluation of bike access to the downtown area and better recognize bicycles as a transportation mode. OKI should establish a system to more fully access the entire Region for work as well as recreational travel.
2004 Response: These items have not been fully addressed in the current bicycle plan. However, they will be addressed in the next bike plan update. In the interim, OKI continues to promote improved conditions for cyclists for all roadways legally available to them.
Recommendation 1: When the next Bicycle Plan is updated, due by the next TP update, it should better recognize bicycles as a transportation mode. OKI should also establish a system to more fully access the entire Region for work as well as recreational travel.
2001 Recommendation #6: Recommendation that ODOT, at a minimum, develop a methodology for MPOs to do fiscal projections.
2004 Response: Although a methodology was not provided, both ODOT and KYTC have provided assistance regarding the development of fiscal projections. Since this recommendation was written, FHWA and FTA have modified their approach to fiscal constraint. Currently, FHWA and FTA do not prescribe specific methods, approaches, or tools beyond the underlying Federal requirement that the development of transportation plans and programs be based on reasonable revenue forecasts and/or projections. Based upon our review of the information presented, we find that OKI has made satisfactory efforts in complying with Recommendation #6 and is in substantial compliance with the requirements.
2001 Recommendation #7: Recommendation that all the agencies involved in OKI's conformity determination develop a MOU to define the roles of all parties more clearly. The FHWA-Ohio Division will take the lead.
2004 Response: A Memorandum of Agreement (MOA) describing the criteria and procedures for the air quality conformity determination of transportation plans, programs, and projects for the OKI region was cooperatively developed by all the affected agencies with OKI taking the lead. The MOA was sent to each agency head in mid-December 2004 for signature. A final MOA is expected to be fully signed and executed by the end of March 2005. Based upon our review of the information presented, we find that OKI has made satisfactory efforts in complying with Recommendation #7 and is in substantial compliance with the requirements.
2001 Recommendation #8: Recommendation for Air Quality that OKI do speed validation studies to ensure the speeds match up.
2004 Response: OKI has been conducting travel time studies for 4 cycles now for the congestion management system (CMS), the travel model, and air quality modeling. This data will provide trends in travel over time by time of day. Combining this travel time data with traffic volume data provides the ability to also investigate travel speed and volume mathematical relationships used in the travel demand model and emissions analysis. Based upon our review of the information presented, we find that OKI has made satisfactory efforts in complying with Recommendation #8 and is in substantial compliance with the requirements.
2001 Recommendation #9: Recommendation that OKI continue to champion and encourage regional transit, especially in light of the Butler County situation and the social impacts of losing service to such outlying areas.
2004 Response: OKI carries several rail transit projects in a "vision" plan as well as including rail transit in the financially constrained plan in the Central Area Loop Study and Eastern Corridor. Bus transit recommendations are consistent with area transit providers. Coordination with all local transit providers remains at a high level as evidenced by OKI's efforts with facilitating the shift for the Clermont Transit Connection from a rural to urban system, the development of MOU's between OKI and the transit agencies, and the support for the Banks Intermodal project. Based upon our review of the information presented, we find that OKI has made satisfactory efforts in complying with Recommendation #9 and is in substantial compliance with the requirements.
1. Organizational Structure: The Ohio-Kentucky-Indiana Regional Transportation and Development Study was formally organized in January 1964 by local elected officials, representatives of the State Highway Departments, and planning agencies in the Cincinnati metropolitan area. In September 1973, under the Ohio Revised Code (Chapter 167), Section 65.210 et. Seq. of the Kentucky Revised Statutes, and Section 53.1101 et. Seq. of the Indiana Statutes, OKI reorganized into a Council of Governments. OKI is currently governed by a Board of Trustees and an Executive Committee. The Board of Trustees is empowered to control all activities of the Council of Governments. The Executive Committee has all the powers necessary to act in the name of the trustees. The Board is the Region's Council of Governments, and it fulfills all of the Council's functions. The Council of Governments does not have advisory boards so that their functions would not be fragmented by additional bodies.
OKI is composed of eight counties in a tri-state area: Butler, Clermont, Hamilton, and Warren Counties in the State of Ohio; Boone, Campbell, and Kenton Counties in the Commonwealth of Kentucky; and Dearborn County in the State of Indiana. Dearborn County in Indiana is part of the Council of Governments and is a voting member of OKI. However, it is not currently part of the transportation planning area. OKI does provide training and other services in this area.
There are two Metropolitan Statistical Areas (MSA) in the OKI region:
Collectively, the eight Counties have an estimated 2000 population of 1.9 million residents, constitute a land area of approximately 2,636 square miles, and include 189 jurisdictions. Among the cities in the urbanized area, Cincinnati is the largest. There is wide modal representation on the Policy and Technical Advisory committees as well as representation from most jurisdictions at the county, city, and township levels. Each board member has one vote and a weighted vote system is not used. OKI's Board elects 27 representatives to the Executive Committee which meets monthly to set policy for the organization. The remaining Board members are invited to attend the Executive Committee meetings and can vote at these Executive meetings.
A number of designated advisory committees are charged with developing and reviewing technical aspects of transportation and environmental planning, and in turn, advising the Policy Board. All other committees are considered "ad hoc" even though they may be expected to operate indefinitely. Ad hoc committees are established when OKI determines a need based on input from their wide variety of partners. The need for such committees is determined by monitoring what goes on in the Region and may be initiated in response to activities by their members. The organizational structure of OKI's staff consists of an Executive Director, followed by a Deputy Executive Director, and six departments: Administration and Finance, Transportation Planning, Data Services, Communications, GIS Services, and Regional Planning. The statistical information is available on OKI's web site at www.oki.org. The Federal Review Team concludes that OKI meets the requirements of 23 CFR 450.306.
2. Metropolitan Planning Area Boundaries: On December 16th, 2004, OKI formally notified the Indiana Department of Transportation (INDOT) that based on the latest US Census Bureau information, Hidden Valley Lake, Lawerenceburg Township, in Dearborn County, Indiana had reached a population level that required a formalized planning process through an MPO. Working cooperatively, officials from OKI, Dearborn County, and the State of Indiana discussed Dearborn County becoming a member to the OKI Board. The Governor of Indiana's designee, Deputy Commissioner Vaneeta M. Kumar, approved a request on December 17th, 2004 officially making Dearborn County, IN, including Lawerenceburg Township, a member of the OKI MPO. The Federal Review Team concludes that OKI substantially meets the requirements of 23 CFR 450.308.
3. Project Scoring Process: OKI's Project Scoring Process is a systematic approach to ranking projects and is intended to assist in the selection of capacity-related highway and transit projects for the 2030 TP. Its basis is a procedure originally adopted by the OKI Intermodal Coordinating Committee (ICC) and Board of Trustees in June 2000 to evaluate TIP and ODOT Transportation Review Advisory Committee (TRAC) projects. It has been adapted to fit the nature of the TP development. This scoring process also considers changes in the TIP prioritization process incorporated by the ICC in 2004.
Several criteria are evaluated in the scoring process, including safety, congestion, environmental justice, land use, air quality, and intermodal connectivity. Depending on the type of project, an application is scored using either highway or transit factors and then ranked separately. The highway and transit projects are then scored using the planning factors. The Prioritization Subcommittee then develops a recommended ranking of all projects based upon a review of the transportation and planning factors. Projects then compete against one another based upon available funds in their respective category - either CM/AQ or STP. Public input and OKI leadership will determine the final recommended list of projects. A description of the criteria and the OKI's Project Scoring Process is attached to the file copy of this report as Attachment C.
Recommendation 2: The next update of the "Planning Factors for All Projects" should include a point system for Freight Corridors. This will give additional weight to corridors with a high volume of truck traffic.
4. Air Quality: TEA-21 requirements require review and evaluation of the process used to meet conformity requirements in nonattainment and maintenance areas. Evaluation of the process used by the MPO to ensure conformity of plans and programs is an important and discrete part of the conformity determination. Assessing how conformity issues are addressed in the planning process includes consideration of interagency agreements, coordination, and related activities undertaken by other agencies in the region as related to conformity. The FHWA Ohio Division office found OKI's 2030 TP update to be in conformance to the SIP budget for both volatile organic compounds and oxides of nitrogen on September 28, 2004. This air quality conformity determination was made in cooperation with USEPA, FTA-5, and the FHWA Kentucky Division office.
The MPO planning boundaries include both Ohio and Kentucky counties. The MPO area has subarea budgets, meaning that both states can conduct independent conformity determinations. The new census data has also included the Lawrenceburg Township a portion of Dearborn, Indiana, which will become part of the conformity determination process as that area has been designated as nonattainment for both the 8-hour Ozone standard and PM 2.5.
A consolidated travel demand forecasting model (TDF) has been recently developed in cooperation with the Miami Valley Regional Planning Commission (the Dayton MPO). The consolidated model was validated with the last LRTP update earlier this year. It also underwent a peer review in 2003.
One of the recommendations made during the 2001 Certification Review was that a conformity MOU be developed to better define the agency roles. The State air quality agencies are usually responsible for developing these conformity MOAs. However, OKI took the lead and performed an outstanding job of coordinating with three different State air quality agencies and the associated State DOTs and Federal agencies to develop an MOA that was agreeable to all. They also agreed to take the lead for demonstrating conformity for Lawrenceburg Township even before the final MPA was established.
Commendation 1: The MPO took the lead in developing a Conformity State Implementation Plan (SIP) MOA identifying roles and responsibilities of the Interagency Consultation partners as they pertain to mobile source emissions.
5. Congestion Management System (CMS): As stated in the 23 CFR 500, the purpose of a CMS is to have a systematic process that provides information on transportation system performance and alternative strategies to alleviate congestion and enhance the mobility of persons and goods. In TMAs the CMS shall include methods to monitor and evaluate performance, identify alternative actions, assess and implement cost-effective actions, and evaluate the effectiveness of implemented actions. The CMS should be a major tool in addressing transportation problems in the planning process.
The MPO submitted a brief synopsis of their CMS. They defined their methods for implementation in their 1995 report OKI Mobility Management Program (MMP): Manual of Practice. Methods were further refined and OKI began the collection of observed travel times in 2002. Data collection has been on a three-year cycle, the first year data was collected on interstates, the second year data was collected on half of all the arterials, and the third year data collection was completed for the rest of the arterials. OKI has begun its second cycle of data collection. OKI's CMS is used in conjunction with their Travel Demand Forecasting (TDF) model to determine congested locations and to compare alternatives.
The MPO's Congestion Management System (CMS) is fully implemented. The MPO demonstrated that the project identification and selection process is enhanced by evaluating roadway performance on several levels: actual travel times as determined through observed travel time on the OKI region's CMS network, the application of the OKI Regional Travel Demand Forecasting (TDF) Model for existing and future conditions, and a review of potential system management and demand strategies and transportation control measures most applicable for roadway segments identified as substandard in terms of operating conditions.
OKI conducted an After Action Review (AAR) of the effectiveness of roadway improvement projects. The AAR on the section of Buttermilk Pike (KY 371) in Kenton County, Kentucky between Dixie Highway (US 25/42/127) and Collins Road was conducted at the request of the Kentucky Transportation Cabinet, and is believed to be the first of its kind in the Commonwealth. The purpose of this AAR is to examine in general terms the physical changes that have occurred in the Buttermilk Pike corridor over the past 20-25 years, both in terms of roadway improvements and in terms of development and/or redevelopment of the land abutting the roadway. In essence, the AAR is intended to address the following questions: 1) How has development changed in the corridor over the study period? 2) What impacts have these changes had on the traffic flow through the corridor? 3) How has the Cabinet responded to these changes? 4) What is the current state of traffic in the corridor as a result of these changes? 5) What can be done to address any identified deficiencies, and what is the prospect for future traffic conditions in the corridor? Table 6-1 of OKI's 2030 Plan shows v/c for capacity-adding projects in the region before and after implementation.
Commendation 2: OKI's After Action Review is a very proactive step in the regions' transportation planning process and deserves recognition.
6. Prioritization of Dedicated (Suballocated) STP Funds By MPO: 23 CFR 450.332(b) states "In areas designated as TMAs where 23 CFR 450.322(c) does not apply, all title 23 and Federal Transit Act funded projects, except projects on the NHS and projects funded under the bridge, interstate maintenance, and Federal Highways programs, shall be selected by the MPO in consultation with the State and transit operator from the approved metropolitan TIP and in accordance with the priorities in the approved metropolitan TIP."
The Kentucky Transportation Cabinet's (KYTC) District 6 office is selecting the projects that will utilize the dedicated STP funds. This was done in consultation with the MPO. The MPO stated that the process was working efficiently. This situation was discussed with the Transportation Cabinet and the MPO following the Certification Review and it was agreed that projects would be selected by the MPO in consultation with the KYTC to determine where the Dedicated STP funds will be spent. It is not clear that the local community fully understands the need for providing matching funds for the Dedicated STP funds. It is also not clear whether the local community has the ability to provide a local match.
Corrective Action 1: KYTC shall officially request OKI to determine how the Dedicated STP funds will be spent beginning July 1, 2005. The request will also provide the avenue to commence communications between the local community, OKI, and KYTC concerning the need to provide matching funds for projects funded with Dedicated STP funds.
7. Title VI and Environmental Justice: Consistent with Title VI of the Civil Rights Act and Executive Order 12898 on Environmental Justice, the MPO has certain outlined responsibilities to ensure the process and outcome of the transportation planning process does not unfairly deprive of benefit, or unduly burden, any person based on race, income, or heritage. Under Title VI, the MPO must develop and implement its policies, procedures, and programs in a manner to ensure that no person is excluded from participating in, denied the benefit of, or subjected to discrimination under any program or activity because of race, color, or national origin. Under Executive Order 12898, the MPO must develop and implement its policies, procedures, and programs so as to identify and address, as appropriate, disproportionately high and adverse human health or environmental effects of its activities on minority populations and low-income populations.
The MPO's Environmental Justice committee developed a Title VI rating system for proposed projects that does not take into account the benefits that a protected population could receive from a proposed project. Points awarded for a project were based only on avoidance of impacts.
Recommendation 3: The Title VI rating system for proposed projects should be reconstructed to incorporate not only the burdens but also the benefits of a project into the point system during the 2008-2011 TIP development cycle.
8. Public Involvement Process (PIP): Public outreach is a mandated core MPO activity that supports the overall metropolitan area transportation planning process and development of all key MPO products. Effective public involvement requires the MPO to seek the early engagement of a wide segment of the population of the region in the regional transportation planning process. It also requires the MPO conduct directed outreach and information efforts to include certain identified populations to meet federal legislation, executive orders, and planning directives.
The MPO is proactively approaching Public Involvement. They have developed a template for their community involvement plan and are using it for several projects. One project utilizing this template includes the Uptown section of Cincinnati which is a very strong regional economic generator. It is home to such institutions as the University of Cincinnati, Cincinnati Children's Hospital Medical Center, VA Hospital, Cincinnati Zoo and Botanical Garden, U.S. Environmental Protection Agency, and the hospitals of the Tri-Health and Health Alliance. These major employers directly account for 60,000 jobs in the region.
Uptown business and community leaders recently asked OKI to develop the Uptown Transportation Study. The study looks into multi-modal transportation needs in the Uptown area. Particular attention was paid to land use issues, as well as access to interstate highways that border Uptown, and connectivity to downtown. The Uptown Transportation Study is overseen by the Implementation Partners. The Implementation Partners are composed of agencies that have provided funding or in-kind services. The PIP was reviewed by the Federal Review Team and found to be in substantial compliance with 23 CFR 450.316(b).
Commendation 3: The Community Involvement Plan that is being utilized for the Uptown Transportation Study is exceptional.
9. Agreements: A Memorandum of Understanding (MOU) between OKI and the Ohio EPA, Kentucky Natural Resources and Environmental Protection Cabinet, and the Southwestern Ohio Air Pollution Control Agency was executed in July 1992. This MOU describes the responsibilities for each agency in order to attain and maintain the National Ambient Air Quality Standards for the OKI region. This MOU is currently being revised and is being commended by the Federal Review Team.
Agreements between OKI and the Ohio DOT as well as the Kentucky Transportation Cabinet are current. The biennial agreement between OKI and ODOT is currently being updated and will take the place of the existing one by July 2005. Agreements between OKI and the major transit providers, SORTA and TANK, are current .These agreements describe transportation planning responsibilities for each agency. Since the Metropolitan Planning Area is being expanded to include Dearborn County, Indiana, this agreement should be reviewed and modified to reflect those changes to the boundaries.
Recommendation 4: All agreements should be reviewed and revised accordingly per 23 CFR 450.310 to include the newly designated planning area of Dearborn County, IN. The prospectus also needs to be revised to include a section describing all current and applicable agreements. These activities should be accomplished during the 2008-2011 TIP development cycle.
10. Transportation Plan: The current 2030 TP for the OKI region was adopted by the Board of Trustees and Executive Committee on June 8, 2004. Provisions of 23 CRF 450.322 were reviewed and found to be adequately addressed, except for the financial plan. It was determined that the financial plan did not describe funding revenue sources in sufficient detail regarding the local share. Much of the discussion was directed toward the Eastern Corridor Rail Line.
Recommendation 5: Expand the financial plan section of the 2030 TP to describe in more detail the source of all proposed funding revenues by the next TP update.
A public meeting was conducted on December 1, 2004 at OKI's office. Fifteen people, including representatives from OKI, the Federal Review Team, and ODOT attended this meeting. Two individuals made oral comments and one individual provided written comments. Advance notices of the Public Meeting were made in The Cincinnati Enquirer, The Cincinnati Post, The Kentucky Post, and The Spanish Journal. The notices are attached to the file copy of this report as Attachment D. The meeting was announced on OKI's website and several hundred fliers were distributed through various OKI committees and study groups. A copy of the meeting notice is included in Appendix D.
One individual asked whether land use decisions and multimodal interests are being incorporated into the transportation planning process. Members of the Federal Review Team replied by saying these issues were discussed during the review and found to be adequately addressed in OKI's planning process. One individual expressed that OKI is doing an admirable job of working with the transit agencies in the region.
An individual provided written comments on OKI's Prioritization Scoring Process. He expressed that the scoring process lacks emphasis in area priority, roadway safety, and congestion. There needs to be more flexibility in the decision-making to accommodate this lack of emphasis. While the commenter goes on to state that the scoring process is adequate for projects within their mode (highway and transit), he also believes the scoring criteria are slanted in favor of transit projects. The written comments are attached to the file copy of this report as Attachment E.
A close-out meeting was held on December 2, 2004 following the presentations, discussion, and public input. This meeting provided OKI, ODOT, KYTC, and the transit operators with a preliminary indication of the Federal Review Team's impressions of the proceedings and outlines proposed recommendations. Those present were informed that the Federal Review Team would recommend that the transportation planning process for the Cincinnati TMA be fully certified. It was agreed that OKI would be provided a draft copy of the report to check for accuracy in advance of the final report.
It is the conclusion of the Federal Review Team that the OKI, ODOT, KYTC, SORTA, and TANK have made commendable efforts to demonstrate their implementation of TEA-21 requirements, as reflected in the "3-C" planning process. Based upon the findings of this review, the Cincinnati TMA transportation planning process is found to be in substantial compliance with the requirements of the metropolitan planning regulations found in 23 CFR 450 subject to one noted corrective action. Commendations for aspects of the transportation planning process found to be exemplary, recommendations for improvements to the process, and one corrective action for deficiencies in the process follow.
KYTC shall officially request OKI to determine how the Dedicated STP funds will be spent beginning July 1, 2005. The request will also provide the avenue to commence communications between the local community, OKI, and KYTC concerning the need to provide matching funds for projects funded with Dedicated STP funds.
This USDOT certification action remains in effect for three years from the date of the signed report, unless a new certification determination is made sooner. FHWA and FTA will follow-up with OKI to determine if the Corrective Action has been resolved by July 1, 2005. Joint FHWA/FTA actions on future products of the Cincinnati TMA's planning process (i.e., approvals of UPWPs, reviews of future TP Updates, issuing "3-C" findings on TIPs, and conformity determinations on the TP...) will be partially based on the progress made by the TMA's planning process partners in addressing these Certification Review findings.
FHWA Contact is Stew Sonnenberg, (614)280-6837 FTA Contact is David Werner, (312)353-2789
