14-015 Code Vt. R. 14-050-015-X - VERMONT MUNICIPAL HIGHWAY ASSISTANCE PROGRAM RULES FOR ALLOCATIONS OF TECHNICAL ASSISTANCE
These rules are promulgated by the Vermont Agency of Transportation, for the purpose of setting out the procedures for the administration of the Vermont Municipal Highway Assistance Program (VMHAP). The rules include requirements for eligibility and matching, and the procedure to be used to approve assistance requests, and to apportion funds if available funds are not sufficient to fill all requests for assistance.
The purpose of the Vermont Municipal Highway Assistance Program is to assist municipalities to improve the quality of their highway system by furnishing technical assistance. The program is authorized and funded by Section 22 of Act No. 74 of the Acts of 1989.
At this time, the program consists of a component for furnishing technical assistance (Technical Assistance Program - TAP). In the future, a second component may be added for supplying grants to be used for capital improvements to highways and bridges (Highway Capital Improvement Grant Program - HCIGP). This second component is dependent on the appropriation of funds by the Vermont General Assembly.
The VMHAP is administered by the Vermont Agency of Transportation (VAOT). The program will be managed on a day-to-day basis by a Program Manager who is an employee of the VAOT. The Program Manager will receive guidance from an Advisory Committee.
The Advisory Committee shall be appointed by the Secretary of the Vermont Agency of Transportation and shall consist of one representative each from the Vermont Agency of Transportation, the Vermont Department of Housing and Community Affairs, the Vermont Local Roads Program, the Vermont League of Cities and Towns, the Vermont Association of Planning and Development Agencies, the Vermont Municipal Highway Association, and other groups or individuals as (s)he may designate. The member representing the VAOT shall be the chair of the Committee. The member to represent each of the above organizations other than the VAOT shall be recommended to the Secretary of Transportation by the secretary/commissioner/governing body of the respective organizations.
The function of the Committee is to provide advice and guidance to the Program Manager and Secretary.
This program will complement the objectives of the Vermont Municipal and Regional Planning and Development Act as amended by the 1988 Growth Management Act (Act 200).
This component of the VMHAP consists of two phases; one to furnish assistance in the development of a highway capital improvement program (TAP - I), and one to provide on-site engineering assistance to solve highway and bridge construction and maintenance problems (TAP - II).
The assistance will normally be provided by consultants hired and monitored by the Agency of Transportation. At the request of a municipality, and with the recommendation of the Advisory Committee and approval of the Program Manager, the assistance may be provided by the permanent or temporary employees of a regional commission, or by an employee or citizen of the municipality. The Advisory Committee and Program Manager shall consider, as a minimum, the technical qualifications, experience, and availability of any party proposed to provide assistance. As time allows, additional assistance may be provided by the VAOT employees assigned to manage the program.
It is anticipated that funds appropriated for state fiscal year 1990 (July 1, 1989 - June 30, 1990) will not be sufficient to meet all requests for assistance during the first year of the program. Municipalities which request but do not receive assistance during the first year of the program will receive priority consideration for funds, if any, available in the second year of the program.
Work will be performed by a consultant, or by others as provided in Section 2.1.0. The work shall be carried out with active assistance and participation by municipal officers or employees, representatives of the municipal planning commission and/or citizens of the municipality. The Program Manager shall consider, but not be bound by, a request from a municipality to have the assistance performed, or not performed, by a specific consultant.
No municipal financial match is required under this phase of the Technical Assistance Program.
The amount necessary to develop a HCIP, using guidelines and procedures furnished by the Program Manager, not to exceed $ 5,000 plus $ 100 per mile of class 1, 2, and 3 town highway mileage. The maximum limiting amount may be adjusted by the Secretary after considering the recommendations of the Advisory Committee if consultant proposals indicate the above limit cannot reasonably be expected to accomplish the purpose of the program.
A municipality wishing to undertake a more comprehensive study than provided under this program may do so by providing municipal funds to augment program funds.
The Program Manager shall notify municipalities in writing when funds are available under Phase I of this program.
A municipality may apply for assistance under Phase I of this program using application forms provided by the Program Manager. Completed application forms must be received by the Program Manager not later than 40 days after the date of the mailing of the notice of the availability of funds under this program, to receive priority consideration for approval. Applications received after the above due date will be considered in the order received, if funds are still available. Regional planning commissions will also be notified when funds are available to the municipalities.
All municipalities are eligible for assistance under Phase I of the Technical Assistance Program. To receive assistance, a municipality must:
Approval of requests for assistance will be made by the Secretary, after considering the recommendations of the Advisory Committee.
If sufficient funds are not available to satisfy all requests for assistance received by the application deadline, an index number indicating the relative need of the municipality for assistance will be used to establish a priority for the award of assistance.
Community need shall be based on local tax effort, adjusted by community per capita income, and compared to the statewide average of community tax effort, using the following formula to derive a Municipality Need Index:
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Municipality = Need Index |
Municipal Taxes Assessed x Municipal Equalized Grand List |
State Per Capita Income x Municipal Per Capita Income |
1 Statewide Average Municipal Tax Effort |
A higher Municipality Need Index will give a municipality a higher priority for assistance.
Data for the above formula will be obtained from the Vermont Department of Housing and Community Affairs and are part of the data used by HCA to determine the allocation of municipal planning funds.
To receive approval for assistance, a municipality must not have completed a highway capital improvement program within the previous five years, and must furnish a statement that it will provide a committee as provided in Section 2.2.7. a, which will be available to assist the consultant with the highway component inventory, needs assessment, and development of the highway capital improvement program.
To the extent fund are available after filling requests for eligible assistance received before the deadline provided in Section 2.2. 6, the Secretary may approve requests received after the deadline in the order received.
Payments to the consultant or other party providing assistance will be made directly by the VAOT. The municipality will assist the Program Manager in verifying the amount of work accomplished for the purpose of determining progress and final payments. A municipality may recommend approval or disapproval of a payment, but the final authority for payment rests with the Program Manager.
It is anticipated that requests for assistance under Phase II will not be provided until requests from all towns requesting assistance under Phase I have been met. Due to limited funding, it is probable that Phase II assistance will not be available until state fiscal year 1991, and then only if the program is funded by the Legislature.
Work will normally be performed by a consultant, with assistance and consultation from town officers, town managers, road foremen, etc. On the recommendation of the Advisory Committee and approval of the Program Manager, the work may be performed by others, as provided in Section 2.1.0.
No municipal financial match is required under this phase of the Technical Assistance Program.
$ 5,000 per year, except by approval of the Secretary, after considering the recommendations of the Advisory Committee in special circumstances. A municipality wishing to undertake a more comprehensive study or design than provided under this phase of the program may do so by providing municipal funds to augment program funds.
The Program Manager shall notify municipalities in writing when funds are available under Phase II of this program.
A municipality may apply for assistance under Phase II of this program using application forms provided by the Program Manager. Completed application forms must be received by the Program Manager not later than 40 days after the date of the mailing of the notice of the availability of funds under this program, to receive priority consideration for approval. Applications received after the above due date will be considered in the order received, if funds and consultant services are available. Regional planning commissions will also be notified when funds are available to the municipalities.
All municipalities are eligible for assistance under Phase II of the Technical Assistance Program.
Approval of requests for assistance received by the deadline provided in Section 2.3.6 shall be made by the Secretary, after considering the recommendations of the Advisory Committee. Requests for assistance under Phase II will have second priority to first-time requests for assistance under Phase I. If funds are not available to fill all Phase II requests, the financial ability of the municipality to accomplish the required work without assistance shall be considered. Municipal need shall be determined in the same manner as for TAP-I assistance.
To the extent funds are available after filling requests for eligible assistance received before the deadline provided in Section 2.3.6, the Secretary may approve requests received after the deadline in the order received.
The availability of assistance from other resources (transportation district offices, Vermont Local Road Program, etc.) shall be considered during approval considerations.
Payments to the consultant or other party providing assistance will be made directly by the VAOT. The municipality will assist the Program Manager in verifying the amount of work accomplished for the purpose of determining progress and final payments. A municipality may recommend approval or disapproval of a payment, but the final authority for payment rests with the program manager.
Notes
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