Time: 1:30 p.m. – 2:30 p.m.
Location:
Waukesha County Administration Center
Room 255 (2nd Floor)
1320 Pewaukee Road
Waukesha, WI 53186
The hearing sites are accessible to people with disabilities. Interested persons are invited to present information at the hearing. People appearing may make an oral presentation but are also urged to submit facts, opinions and arguments in writing as well. Written comments from persons unable to attend the public hearing, or who wish to supplement testimony offered at the hearings should be directed to: Donna Sorenson, Department of Administration, P.O. Box 7864, Madison, WI 53707-7864. Written comments must be received by September 30, 2001, to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Administration:
The Wisconsin Land Council is attached to the Department of Administration. The Council is authorized to promulgate rules relating to the methodology of determining preferences in awarding grants.
The purpose of the code is to establish the procedures, methodology and evaluation criteria for planning grants to local governmental units. The proposed rule codifies the application, evaluation and award process used by the department and approved by the Wisconsin Land Council for the FY2001 comprehensive planning and transportation planning grant cycle.
The following are the major provisions proposed by the Department:
1. Specify the activities and costs eligible for grant funding, including consultant services, computer hardware, software and data acquisition and education, outreach and other activities related to development and adoption of a comprehensive plan. [Adm 48.03 (1)]
2. Establish annual grant application procedures and time frames. The department requires the planning grant manual, including all application materials and instructions, to be available by September 1, of each year. The grant application deadline is November 1. [Adm 48.04(1) & (5)]
3. Establish base funding levels based on population estimates of the local governmental unit. At a minimum, the department will fund 50% of the base funding level. [Adm 48.05 (1) & (2)]
4. Provide a financial incentive for local governmental units that incur comprehensive plan development costs below the unit's base funding level. The department may fund up to 75% of the actual plan cost when the cost is less than the base funding level. [Adm 48.05 (3)]
5. Provide a financial incentive for multi-jurisdictional plans when 2 or more local governmental units participate in the development of a single plan that covers the jurisdictions of those governmental units and where the plan is adopted separately by each unit. Funding for each city, village and town participating will be increased by 10% of their base funding level. [Adm 48.05 (5)]
6. Provide a financial incentive for multi-jurisdictional plans when all towns within a county participate jointly under a county plan. In addition to each town being eligible to receive an additional amount equal to 10% of the town base funding level, the county will also be eligible to receive an additional amount equal to 10% of the county base funding level. [Adm 48.05 (6)]
7. Prohibit the local governmental unit from using federal grants to fund more than 50% of the required local match. The required local match is the difference between the comprehensive plan cost and the grant provided by the department. [Adm 48.05 (7)]
8. Establish the scoring criteria for evaluating grant applications based on the preferences in s.
16.695(4), Stats. [Adm 48.06]
9. Establish the percentage of the total points assigned to each preference. [Adm 48.06]
10. Require the department to prepare the planning grant priority list based on the established scoring criteria and available funds. To comply with ss.
16.965 (4) &
16.9651 (2), the department will obtain approval from the Council and department of transportation before awarding comprehensive planning and transportation planning grants. [Adm 48.07 (3) & 48.08]
11. Establish the grant period for the local governmental unit to complete and submit the adopted plan to the department. The grant period will be 30 months, 36 months or 42 months based on population unless the local governmental unit committed to a shorter time in the grant application. Multi-jurisdictional plans will have an additional 6 months to complete the process. [Adm 48.09 (2)]
12. Specify that the department withhold 25% of the grant award until the grantee submits a copy of the adopted comprehensive plan to the department and the department verifies that the plan meets the provisions of s.
66.1001, Stats. If the project has not been completed, the department may seek repayment of previously distributed funds. [Adm 48.09 (4) & (8)]
Initial Regulatory Flexibility Analysis:
Pursuant to s.
227.114, Stats., the rule herein is not expected to negatively impact on small businesses.
Text of Rule:
SECTION 1: Adm 48 is created to read.
Comprehensive Planning and Transportation Planning Grants Program
Adm 48.02 Definitions. In this chapter:
(1) “Applicant" means a local governmental unit as defined in ss.
16.965(1)(a) and
16.9651(1), Stats., applying for a grant under this chapter.
(2) “Base funding level" means the levels found in the table in s.
Adm 48.05(1).
(3) “Comprehensive plan" means a plan as defined in s.
66.1001(1)(a), Stats.
(4) “Council" means the Wisconsin land council as defined in s.
15.107(16), Stats.
(5) “Department" means the department of administration.
(6) “Grantee" means an applicant that has been awarded a grant under a signed grant agreement with the department.
(7) “Grant agreement" or “agreement" means a contract signed by the local governmental unit to complete a comprehensive plan under s.
66.1001, Stats., and the department.
(8) “Grant period" means the period of time specified in s.
Adm 48.09(2).
(9) “In-kind services" means services rendered by the local governmental unit defined in s.
66.1001(1)(b), Stats. Federal grant funds are not included as in-kind services.
(10) “Multi-jurisdictional plan" means 2 or more local governmental units participating in the development of a single comprehensive plan that covers the jurisdictions of those local governmental units which is adopted separately by each unit under s.
66.1001, Stats. A county comprehensive plan is a multi-jurisdictional plan if the county and 2 or more local governmental units located in the county participate and adopt the plan.
(11) “Plan" and “planning effort" means a comprehensive plan as defined in s.
66.1001(1)(a), Stats.
(12) “Plan update" means a revision to an existing county development plan under s.
59.69(2) or
(3), Stats., or to a master plan under ss.
62.23(2) or
(3), or,
66.0309(8),
(9) or
(10), Stats., to comply with the comprehensive plan provisions of s.
66.1001, Stats. A plan update may include a revision to an existing comprehensive plan under s.
66.1001, Stats.
(13) “Planning grant manual" means the document published annually by the department which includes the grant application, instructions, application and scoring timelines, detailed scoring, application review process, funding availability, and other pertinent information relating to the current grant cycle.
(14) “Planning grant priority list" means the department's ranking of grant applications by the numeric order of the scores.
Adm 48.03 Eligible activities. (1) An applicant may apply to the department for a grant to develop a plan or plan update for any of the following activities:
(a) Services and activities included in ss.
16.965(2) and
16.9651(2), Stats., including contracting for planning consultant services, public planning sessions, educational activities, and purchase of computerized planning data, planning software and hardware required to utilize planning data or software.
(b) Development of the plan document including printing costs.
(c) Public participation and outreach activities including educational materials, citizen surveys, internet activities and newsletters.
(d) Development, purchase and documentation of data, maps and computerized information used within the plan or plan update.
1. Digital mapping and data development activities funded under this grant such as geographic information system development must be consistent with applicable county land records modernization plans developed under s.
59.72(3)(b), Stats.
2. Digital mapping and data development activities funded under this grant may not duplicate efforts funded through the Wisconsin land information program under s.
16.966, Stats.
NOTE: Approved land records modernization plans and the planning grant manual can be obtained from the Office of Land Information Services, Department of Administration, P. O. Box 1645, Madison, WI 53701-1645 (telephone 608/267-2707). This information can also be obtained at the following website:
http://www.doa.state.wi.us/olis/.
(e) Other activities that the applicant deems necessary in the preparation of a plan or plan update except ineligible activities noted under s.
Adm 48.03(2).
(2) The following activities are ineligible for funding under this grant:
(a) Segmented activities not related to the development of a plan or plan update such as highway corridor plans, outdoor recreational plans and recreational trail plans.
(b) Planning activities and plan development costs incurred by the applicant prior to the council approving the grant priority list under s.
Adm 48.08.
(c) Costs incurred by the applicant to prepare the grant application.
(d) Applicants that have received a fully funded planning grant under s.
Adm 48.05 within the previous ten years.
(e) Purchase of property or land.
Adm 48.04 Grant application. (1) The department shall make the planning grant manual available by September 1st of each year.
(2) All grant applications shall be completed on forms provided by the department and follow instructions according to the planning grant manual.
(3) All grant applications shall be approved by specific action of each governmental unit participating.
(4) The department shall review the submitted application for consistency with eligible activity requirements and reserves the right to delete parts of the request for grant funding that does not reasonably relate to the development and adoption of a plan.
(5) Signed grant applications must be received by the department by November 1st.
(6) The department shall make copies of submitted application materials available to the public after the planning grant priority list has been approved under s.
Adm 48.08(1).
Adm 48.05 Planning grants. (1) The department shall provide grants based on the population from the department's official population estimates of the local governmental unit and the base funding level noted in the table below.
Population Base Funding Level
1 to 2,000 $20,000
2,001 to 5,000 $30,000
5,001 to 10,000 $40,000
10,001 to 25,000 $60,000
25,001 to 50,000 $100,000
50,001 to 100,000 $150,000
100,001 to 200,000 $200,000
Over 200,000 $350,000
(2) Subject to availability of funds, applicants shall be eligible for not less than 50% of the base funding level noted in sub. (1).
(3) When an applicant's cost for the comprehensive plan is less than the base funding level noted in sub. (1), the community shall be eligible for up to 75% of the actual plan costs not to exceed the eligible grant amount in sub. (2).
Example: A town's population is 300. The town's proposed cost of plan is $12,000. The town would be eligible for up to a $9,000 grant.
(4) When the population of the applicant is within 5% of the next higher population category, the applicant's base funding level shall be the average of the 2 categories.
Example: A village's population is 1,993. The eligible base funding level of the village is $25,000
(5) For a multi-jurisdictional plan, each local governmental unit participating within the application shall add together the base funding levels of each unit participating plus add an additional 10% incentive of the total base funding level for each city, village and town.
Example 1:
Town of Badger (pop: 1,400) $20,000
Village of Dairyland (pop: 2,700) + $30,000
Total Base = $50,000
50% base award = $25,000
10% Incentive on Total Base + $ 5,000
