REGULAR MEETING AND DISTRICT FIVE TOUR

OF THE IDAHO TRANSPORTATION BOARD

September 17-18, 2008

The Idaho Transportation Board met at 8:30 AM, on Wednesday, September 17, 2008, in Pocatello, Idaho. The following principals were present:

Darrell V Manning, Chairman

Jim Coleman, Member – District 1

Neil Miller, Member – District 5

Pamela Lowe, Director

Scott Stokes, Deputy Director

Karl Vogt, Deputy Attorney General

Sue S. Higgins, Secretary

Monte C. McClure, Vice Chairman, District 3 was at the Idaho Transportation Department in Boise, Idaho and participated via video conference.

Board Minutes. Member Miller made a motion to approve the minutes of the regular Board meeting held on August 20-21, 2008 as submitted. Member Coleman seconded the motion and it passed unanimously.

Board Meeting Dates. The following meeting dates and locations were scheduled:

October 14-15, 2008 – District 3

November 19-20, 2008 – Boise

December 10-11, 2008 – Boise

Consent Calendar. Member Coleman made a motion, seconded by Member Miller, and passed unanimously, to approve the following resolution:

RES. NO. NOW THEREFORE BE IT RESOLVED, that the Idaho Transportation Board

ITB08-41 approves the revisions to Board Policy B-01-09, Authority to Sign Contracts, Agreements, and Grants and their Registration; and revisions to Board Policy B-06-08, Professional Service Agreements; and has received and reviewed the contract award information; the professional services agreements and term agreement work task report; the program and district obligation graphs and tables, monthly status report; the July 2008 financial statement analysis; and the quarterly report on legal actions and contract claims.

1) Revisions to Board Policy B-01-09, Authority to Sign Contracts, Agreements, and Grants and their Registration. Changes are being proposed to B-01-09 to align the policy with current organizational structure and to use the financial system as the system of record for financial contracts, agreements, and grants. The corresponding administrative policy will be updated to reflect these changes.

2) Revisions to Board Policy B-06-08, Professional Service Agreements. Staff is requesting revising B-06-08 to increase the total amount to be paid for non-routine professional agreements from $25,000 to $50,000. This reflects the increased cost of doing business. The new limit would be less than the small purchasing limit authorized by state rule, which is $75,000.

3) Contract Awards. Key #8692 – Rex-Leland Highway, Gooding County, District 4. Low bidder: Western Construction, Inc. - $1,129,620.

Key #9024 – Beaver Creek Road, Shoshone County, District 1. Low bidder: Interstate Concrete & Asphalt Company - $2,180,196.

Key #11489 – I-84, Garrity Interchange to Ten Mile Road, Reconstruction, District 3. Low bidder: Staker & Parson Companies dba IS&G - $28,654,777.

Key #11007 – I-84, Robinson and Black Cat Bridges, Canyon and Ada Counties, District 3. Low bidder: Graham Construction & Management Inc. - $8,499,644.

Keys #9774, #9775, and #9778 – South Fork Coeur d’Alene River Frontage Road, UPRR Milepost 59.88; South Fork Coeur d’Alene River Frontage Road, UPRR Milepost 59.9; and State District 1 Districtwide Bridge Joint Repair, District 1. Low bidder: Penhall Company - $947,908.

Key #8222 – US-12, Junction SH-7, Orofino, District 2. Low bidder: DEBCO Construction - $2,657,658.

Key #9496 – SH-52, Payette River Bridge, Emmett, District 3. Low bidder: Braun-Jensen, Inc. - $375,000.

Key #11488 – SH-41, Seltice Way to Hope Avenue, District 1. Low bidder: Interstate Concrete & Asphalt Company - $778,684.

Key #9875 – I-15, South 5^th Interchange to Chubbuck Road Phase 1, Pocatello, District 5. Low bidder: Western Construction, Inc. - $3,680,977.

Key #8887 – US-12, Syringa Creek to Tumble Creek, Idaho County, District 2. Low bidder: Hap Taylor & Sons, Inc. dba Knife River - $17,149,444.

Key #9869 – SH-46, Schooler Creek to Camas County Line, Gooding County, District 4. Low bidder: Western Construction, Inc. - $1,315,643.

Key #8945 – Northside Boulevard, Union Pacific Railroad Overpass, Nampa, District 3. Low bidder: Concrete Placing Company, Inc. - $429,995.

Key #9912 – Mesa Falls Road, Fremont County, District 6. Low bidder: H-K Contractors, Inc. - $743,186.

The low bids on the following projects were more than ten percent over the engineers’ estimate and were rejected by staff: keys #11138 and #11139 – I-15, Osgood to Roberts Interchange, South Bound Lane, and Sage Junction Interchange to Hamer Interchange, North Bound Lane, Jefferson County, District 6; and key #11145 – FY08 District 6 Districtwide Sealcoats.

4) Professional Services Agreements and Term Agreement Work Task Report. From August 1 through August 29, $780,910 in new professional service agreements and work tasks were issued. The majority of agreements was issued due to resources not available in house and special expertise was required. Six supplemental agreements to existing agreements were processed in the amount of $2,225,600 during this period.

5) Speed Minute Entry Changes for December 2006 - July 2008. A summary of speed minute entry changes from December 2006 through July 2008 was presented. Fifteen speed zones were changed by city ordinances and ten speed zones were changed as a result of District speed studies.

6) Program and District Obligation Graphs and Tables, Monthly Status Reports. As of August 31, $329 million had been obligated for highway projects in the Statewide Transportation Improvement Program, or 87% of the planned amount. The total amount obligated for construction projects was $299 million, excluding GARVEE projects. Obligation information by program and district and project status reports for 2008 projects were also presented.

7) July 2008 Financial Statement Analysis. Federal aid revenue was $8.1 million behind the year-to-date projections. Revenue to the Highway Distribution Account was $918,762 ahead of the forecast. Expenditures for personnel costs were less than budgeted. Total non-construction year-to-date operating expenditures reflected a 13.5% positive variance. In contract construction, the federal program was behind projections by $2.7 million and the state program was ahead of projections by $460,910.

Federal aid revenue to the State Aeronautics Fund was $49,220 below year-to-date projections. Aviation fuel tax revenue was $27,633 ahead of projections. Miscellaneous revenue was $7,492 ahead of the forecast. Overall expenditures were more than the allotment.

In the GARVEE Capital Projects Fund, $122.2 million of the $213 million, including interest earnings, from Bond Series 2006 and $11.5 million of the $179 million from Bond Series 2008 A have been expended. During July, $33,448,923 was paid to cover debt service payments from the GARVEE Debt Service Fund.

8) Quarterly Report on Legal Actions and Contract Claims. A summary of legal cases resolved by the Legal Section, current legal cases, and contract claims was presented.

Board Items. Chairman Manning said the majority of his activities have been related to Idaho’s Transportation Funding Conferences, which concluded late last month. He is involved in meetings with the Governor’s Office on revenue proposals.

Director’s Report. Director Lowe reported that President Bush signed a bill transferring $8 billion from the general fund to the Highway Trust Fund. Although this one-time transfer was crucial, she noted that a long-term solution to the Highway Trust Fund is needed.

Director Lowe said ITD employee Eric Elle was reported missing on September 8. The search is continuing. She said staff’s thoughts are with Mr. Elle and his family.

Director Lowe distributed the draft Annual GARVEE Report, which is due by the end of this month. She asked the Board to review the report and provide comments soon.

Adopt-A-Highway. Member Miller introduced District 5 Adopt-A-Highway Coordinator Sharon Short. He expressed appreciation for her efforts on this important program.

Ms. Short recognized two groups for their participation in the Adopt-A-Highway Program. Tony and Jeanne Varilone adopted SH-34, milepost 57 to 60, in 2003. The Sheriff’s Commissioners Inmate Labor Detail Program of the Bannock County Sheriff’s Office officially adopted SH-40, although the group often picks up litter on US-91 and the I-15 Interstate ramps. She expressed appreciation for the valuable service these groups provide.

Additionally, Ms. Short presented a recently published coloring book with a strong anti-litter message. The book, which promotes safety as well, was developed by the Office of Highway Operations and Safety. The Print Shop also provided assistance with the project.

Board Member Lee Gagner, District 6, joined the meeting.

Delegation – Department of Environmental Quality (DEQ) Director Toni Hardesty. DEQ Director Hardesty summarized the National Ambient Air Quality Standards and the ozone problem in the Treasure Valley. Vehicles are a major source of nitrogen oxide and volatile organic chemicals, which, when combined with strong sunlight produces ozone. Although the Treasure Valley’s three-year ozone trend exceeds the national standard, Director Hardesty said there is an opportunity to address the ozone problem and prevent non-attainment designation, as the 2006 data, which recorded the highest ozone level, would not be considered in the 2007-2009 data. She outlined several control measures, including an enhanced vehicle inspection and maintenance program, emissions offsets for a major source, expanded operating permit programs and controls for minor sources of volatile organic chemicals, regulation of vehicle fueling, and implementation of conformity requirements.

In response to Member Gagner’s question on the economic impacts of a non-attainment designation, Director Hardesty said that Boise is the only city in the Pacific Northwest that has been identified as not meeting the national standards. Businesses that are considering moving to or expanding in the Treasure Valley would likely consider the air quality designation when making their decision.

Vice Chairman McClure noted that a portion of eastern Oregon is included in the Treasure Valley’s air shed. He asked about cooperative efforts with Oregon. Director Hardesty responded that yes, DEQ works with its neighboring states to address air quality issues.

Member Coleman referenced the next agenda item, requesting Congestion Mitigation/Air Quality funds for a Stage 1 Vapor Recovery project. The proposal is for $500,000 in federal funds and $500,000 from local businesses. He asked if the business community would be willing to participate. Director Hardesty said gas stations in the Treasure Valley will be required to retrofit their fueling systems if the area is designated non-attainment, so she believes businesses will participate in this effort, particularly if half of the funding is provided from another source.

Chairman Manning thanked Director Hardesty for the presentation.

DEQ Congestion Mitigation/Air Quality (CMAQ) Funding Request. Intermodal Planning Manager (IPM) Pat Raino said DEQ has requested $500,000 in federal aid for the Stage 1 Vapor Recovery project. This project would retrofit area gasoline storage tanks with vapor recovery technology in order to reduce emissions of volatile organic chemicals (VOC), which create ozone. Staff identified FY06 planning funds that were not fully utilized and no longer have state matching funds available for their use. The funds could be deobligated in FY09 to provide additional obligation authority to fund this project in the CMAQ Program.

IPM Raino said the Stage 1 Vapor Recovery project was submitted to and recommended by the CMAQ Technical Review Committee in April of 2008. VOC emissions from gasoline deliveries represent 3% of the Treasure Valley’s total VOC emissions, so the project is expected to reduce overall emissions of this pollutant by about 3%, possibly staving off a designation by the Environmental Protection Agency of the Treasure Valley as an air shed area that is nonattainment for ozone. Timing is critical if this project is to impact next summer’s ozone levels; a possible key to preventing nonattainment designation.

Member Gagner asked what planning project will not be completed if the funds are used for the Vapor Recovery project and what other projects could be funded with the FY06 deobligated funds. IPM Raino said no state funds are available to match the FY06 planning funds, so the money would not be used for planning projects. She added that the obligation authority could be used on other federal programs.

Member Coleman asked if other state funding sources are available, particularly from DEQ. He noted that transportation is not the sole source of the volatile organic chemicals and questioned ITD funding the project. DEQ Director Hardesty stated that transportation is the largest source of the VOC.

Member Miller added that ITD has been focusing on partnerships. He believes the Department of Commerce should be involved due to the economic impacts of a nonattainment designation. He asked if the Vapor Recovery project will address the problem. Director Hardesty responded that other funding options had not been explored due to the need to proceed quickly and the fact that DEQ had already applied for CMAQ funds to address this issue.

Member Coleman believes this is another example of the Transportation Department being asked to address economic issues, but is not the recipient of the economic benefits. Although he will support the proposal, he would like the legislature to help defray the costs because ITD does not benefit from the state’s economic growth.

Member Gagner made a motion to approve the resolution authorizing $500,000 for the Vapor Recovery project. Member Coleman seconded the motion.

Member Coleman proposed amendments to the resolution to state that ITD will provide funds up to $500,000 and that staff should seek legislative reimbursement for all or a portion of the federal funds in 2009.

Member Miller made a substitute motion to postpone action on this item until next month. The motion died due to a lack of a second.

There were no objections to the amendments to the resolution.

RES. NO. WHEREAS, the Treasure Valley may go into non-attainment status for ozone

ITB08-42 due to high summer ozone levels that exceed federal standards; and

WHEREAS, increased levels of ozone pose health hazards to the Treasure Valley citizens; and

WHEREAS, a non-attainment designation by the Environmental Protection Agency (EPA) will require additional conformity analysis and mitigation activities for approval of transportation infrastructure projects; and

WHEREAS, there is a short window of opportunity to implement a Stage 1 Vapor Recovery program that could reduce ozone levels sufficiently next summer to prevent EPA from designating the Treasure Valley as non-attainment for ozone; and

WHEREAS, the Idaho Transportation Department has been requested by the Idaho Department of Environmental Quality (DEQ) to assist it in establishing a Stage 1 Vapor Recovery program through the addition of a Congestion Mitigation/Air Quality Program project in FY09; and

WHEREAS, the project requests $500,000 in federal aid with an additional $500,000 in match provided by gas station owners who retrofit their gas stations with stage 1 vapor recovery systems; and

WHEREAS, implementation of the project needs to begin quickly in federal FY09 to assure that gas stations are equipped with the appropriate technology before the summer monitoring season for ozone; and

WHEREAS, the Division of Transportation Planning has unused FY06 state planning funds that can be deobligated in FY09 to provide obligation authority to fund the project.

NOW THEREFORE BE IT RESOLVED, that to expedite development of a new project, the FY08-09 Statewide Transportation Improvement Program (STIP) be amended to add the Stage 1 Vapor Recovery project for $1 million (up to $500,000 in federal aid/$500,000 in local private match), temporary key #C902 to FY09; and

BE IT FURTHER RESOLVED, that the Idaho state legislature will be requested in 2009 to reimburse the Idaho Transportation Department for some or all of the $500,000 for this project from other sources due to the economic impacts of a non-attainment designation and the economic advantage to the State of Idaho to address the Treasure Valley’s ozone levels; and

BE IT FURTHER RESOLVED, that the same Stage 1 Vapor Recovery project for $1 million (up to $500,000 in federal aid/$500,000 in local private match), temporary key #C902, be added to the FY09-13 recommended STIP.

The motion passed. Member Miller dissented.

Federal and State Funding Outlook. Administrator, Division of Administration (ADA) Dave Tolman provided an overview on the national economy and its impacts to the transportation industry. Three different transportation funding analyses for Idaho were reviewed. Staff is planning for the most optimistic estimate, as the Department needs to be prepared and have projects ready to go if the funding materializes.

Senior Budget Analyst Joel Drake summarized Idaho’s economy, with a recession anticipated in late 2008 to mid 2009. Revenue to the Highway Distribution Account is projected to decline in FY09 and then gradually increase annually after FY09.

Board Member Bruce Sweeney, District 2, joined the meeting via teleconference.

Director Lowe said staff will need Board direction to address the projected $47 million shortfall in FY10. Manager, Transportation Investments (MTI) Dave Amick said the Board’s actions in April to address the anticipated revenue shortfall were not enough, as the adjusted revenue forecast indicates less revenue than previously anticipated. He added that the desire is to keep the construction program whole to ensure Idaho’s federal match rate.

ADA Tolman provided an analysis on the GARVEE Program. Assumptions include that state law for the debt service limits will be adhered to, three times coverage for investment bank limitations will be followed, the current market rates for interest (cost and earnings) were used, and each new $100 million in bonds adds approximately $8.5 to $9 million in debt service. The bonding philosophy is to issue bonds based on the ability to meet the 24-month spend-down requirement necessary to retain positive earnings on the bond proceeds, issue the bonds so that the funds are secured in advance of construction contracts issued, and award construction contracts in advance of securing bonds with a risk factor of approximately $25 million. Staff’s recommendations are to continue the highway funding plan at the FY09 levels, request an additional $125 million in GARVEE bonds, continue to plan and prepare for delivery of projects, and provide timely updates to the Board.

GARVEE Program Update. Ed Randol, Deputy Program Manager, Connecting Idaho Partners, summarized the current GARVEE Program. To date, total authorizations by the Board and legislature are $597 million, including interest, with actual cash payouts of $179 million. There are 55 individual consulting firms working on the Connecting Idaho Program, including 81 consultant agreements and 21 construction contracts. Projects that have been completed or are nearly complete include US-30, Topaz to Lava Hot Springs; US-95, Worley North; I-84, Eagle Off-ramp; I-84, Broadway to Eisenman; I-84, Garrity to Meridian – mill and widening; I-84, Ten Mile Creek Crossing; and I-84, Garrity Interchange to Ten Mile Interchange Median. A number of other projects are underway, including eight construction projects worth approximately $133 million that have started since March 2008. Mr. Randol also highlighted the practical design and value engineering efforts that have been undertaken on the GARVEE corridors.

GARVEE Program Engineer (GPE) Amy Schroeder outlined the innovation and acceleration techniques being applied to the GARVEE projects. Some techniques are modifying federal and ITD procedures and policies; keeping projects at reasonable and biddable sizes; combining contracts for similar services; pre-purchasing materials; alternative bidding for pavement; and accelerated bridge construction.

In response to Member Gagner’s question on a cost/benefit analysis to determine the savings realized through these techniques, GPE Schroeder responded that staff is collecting that data, but does not have it available at this time. Member Gagner asked if the Districts will be able to utilize these innovations. GPE Schroeder believes the Districts will be able to use most of the innovation and acceleration techniques that are being used on GARVEE projects.

GARVEE Program Manager (GPM) Jason Brinkman summarized the criteria used to determine the projects to be funded in the next bonding authorization: projects that have minimal environmental risk, have the design and right-of-way in progress, and have coordination and agreements with outside agencies resolved. Staff’s recommendation follows fiscal responsibility. A conservative funding outlook was applied, along with an ability to meet the bonding commitments and compliance with debt service requirements. Based on these factors, staff recommends requesting $125 million in GARVEE bond authorization from the legislature in 2009. The proposal includes $105 million for I-84, Orchard to Isaacs Canyon; $11 million for I-84, Caldwell to Meridian; $4 million for SH-16, I-84 to South Emmett; and $5 million for program management services. He added that there is $37 million in prior authorization for the Garwood to Sagle corridor that will be applied to continuing design of the corridor, acquiring right-of-way, and constructing improvements along the existing highway in the Sagle area.

GPM Brinkman noted that the FY10 request includes an emergency clause that would make the appropriation effective upon signing, rather than on July 1st. This would allow proceeding with FY10 authorization projects up to three months earlier. He also emphasized that staff will continue to monitor emerging developments in federal-aid funding and economic conditions, will continue to bond on as‐needed basis when market conditions are favorable, and will keep the Board apprised of the status and progress of the Program.

Member Sweeney said he has to leave the teleconference at this time; however, he expressed support for the $125 million proposal.

Member Coleman made a motion, seconded by Member Gagner, to approve the following resolution:

RES. NO. WHEREAS, the Idaho Transportation Board is charged with determining the

ITB08-43 timeframe and scope of improvements for the State Transportation System; and

WHEREAS, Idaho Code 40-315 authorizes federal-aid debt financing through the issuance of Grant Anticipation Revenue Vehicle (GARVEE) bonds by the Idaho Housing and Finance Association for highway transportation projects; and

WHEREAS, the maximum level of estimated bond proceeds within the bond financing and legal assumptions is $998 million; and

WHEREAS, legislative appropriations enacted in 2006, 2007, and 2008 authorized the issuance of GARVEE bonds to finance a total of $597 million in projects; and

WHEREAS, the Board is granted the statutory authority to adjust GARVEE bond proceeds allocated among legislatively authorized projects, including the following:

US-95, Garwood to Sagle

US-95, Worley North

SH-16 Junction I-84 to Emmett

I-84, Caldwell to Meridian

I-84, Orchard to Isaacs Canyon

US-30, McCammon to Lava Hot Springs; and

WHEREAS, additional funding will be required to complete the projects listed above, except US-95, Worley North and US-30, McCammon to Lava Hot Springs; and

WHEREAS, constructing 12^th Street to Crystal Springs Road within the US-30, McCammon to Lava Hot Springs project is advantageous for the timely expenditure of bond funds and necessary for completion of the original scope of the project; and

WHEREAS, prior authorization funds are available to fund the cost increase on 12^th Street to Crystal Springs Road within the US-30, McCammon to Lava Hot Springs project with savings from the Orchard Interchange in the I-84, Orchard to Isaacs Canyon project; and

WHEREAS, the Draft FY10 Working Plan includes project funding levels that deviate from the target values in the FY07 appropriation bill and the ranges in the FY08 appropriation bill, which is within the authority of the Board to implement in accordance with Idaho Code 40-315, 2007 Session Law H0336 Section 8, and 2006 Session Law H0854 Section 4.

NOW THEREFORE BE IT RESOLVED, that the Board approves the Draft FY10 Working Plan, which is on file in the GARVEE Program Office, including the cost increase on 12^th Street to Crystal Springs Road within the US-30, McCammon to Lava Hot Springs project, and with the deviations from targets and ranges in prior appropriations bills as per the Board’s statutory authority; and

BE IT FURTHER RESOLVED, that the Board requests legislative bonding authority for FY10 in the principle amount of $125 million, which shall be submitted as a separate item in the annual budget request from the Idaho Transportation Department for consideration during the 2009 legislative session.

Because no funding is being included for the US-95, Garwood to Sagle project due to environmental delays, Member Coleman questioned northern Idaho legislators’ support for the GARVEE request. Director Lowe emphasized the delivery concerns with the US-95 project. The Environmental Impact Statement (EIS) is complicated, but staff is actively pursuing the project and proceeding with the design. Member Gagner believes if northern Idaho legislators do not support this proposal, the probability of the Garwood to Sagle project being completed in the future decreases. He suggested providing a comprehensive report to the legislators, including a summary of the EIS process and status of the Garwood to Sagle project. Chairman Manning asked staff to monitor closely changes on the federal level and come back to the Board with a revised plan if the federal funding picture changes significantly.

The motion passed unanimously.

Chairman Manning read a statement from Member Gary Blick, District 4, stating that until additional revenue is provided to the Transportation Department, he will not support the GARVEE Program.

Executive Session on Legal and Personnel Issues, Section 67-2345(b), (d), and (f), Idaho Code. Member Gagner made a motion to meet in executive session at 11:50 AM to discuss legal and personnel issues. Member Coleman seconded the motion and it passed 4-0 by individual roll call vote.

A discussion was held on legal and personnel matters related to a missing employee, review of a contract proposal for opinion surveying, and the transfer of an employee within the Department. A discussion was held concerning legal matters relating to right-of-way acquisition and recording property interests.

The Board came out of executive session at 1:00 PM. No decisions were made.

Recommended FY09-13 Capital Investment Program. MTI Amick summarized the recommended FY09-13 Capital Investment Program, including the federal and state highway Development Program and the Public Transportation and Aeronautics Programs. Changes made to the Program since the June workshop include advance and delay of projects as a result of delivery during the state and FY08 end-of-year review, the result of a statewide balancing meeting last month to accommodate the advances and delays, and reduction of the Feasibility and Early Environmental Program set-aside by $12 million. MTI Amick added that Idaho received $7.9 million in additional obligation authority.

Member Gagner made a motion, seconded by Member Miller, and passed unopposed, to approve the following resolution:

RES. NO. WHEREAS, it is in the public’s interest for the Idaho Transportation Department

ITB08-44 to publish and accomplish a current, realistic, and fiscally constrained Capital Investment Program; and

WHEREAS, it is the intent of the Idaho Transportation Board to effectively utilize all available federal, state, local, and private capital investment funding; and

WHEREAS, the 2005 Safe, Accountable, Flexible, Efficient Transportation Equity Act - A Legacy for Users (SAFETEA-LU) requires that a priority list of projects covering a four-year period be provided in a Statewide Transportation Improvement Program (STIP); and

WHEREAS, the Divisions of Highways, Public Transportation, and Aeronautics have recommended new projects and updated the costs and schedules for projects in the FY09-13 Capital Investment Program; and

WHEREAS, the recommended FY09-13 Capital Investment Program was developed in accordance with all applicable federal requirements, including adequate opportunity for public involvement and comment; and

WHEREAS, the recommended FY09-13 Capital Investment Program incorporated public involvement and comment whenever appropriate while maintaining a fiscally constrained Program; and

WHEREAS, it is understood that continued development and construction of improvements are entirely dependent upon the availability of future federal and state capital investment funding in comparison to scope and costs of needed improvements.

NOW THEREFORE BE IT RESOLVED, that the Board approves the recommended FY09-13 Capital Investment Program, which is on file in the Office of Transportation Investments; and

BE IT FURTHER RESOLVED, that staff is authorized to include approved projects in the FY09-13 STIP in accordance with the provisions of SAFETEA-LU.

FY09-13 STIP. Senior Transportation Planner (STP) Sonna Lynn Fernandez summarized the federal requirements for the STIP and ITD’s process to update the document, which includes opportunities for public involvement throughout the year. There were 80 comments submitted during the comment period from July 3 through August 4, with the majority asking the Board to reinstate funding for the CMAQ and Enhancement Programs. In summary, STP Fernandez said the FY09-13 STIP is stable (there were very few projects removed), new projects are mostly pavement preservation or rehabilitation, and there are very few expansion projects planned.

Member Coleman acknowledged the public support to fund the Enhancement and CMAQ Programs. Director Lowe said the recommendation is to focus on preservation and rehabilitation. Although the Board can revisit the funding priorities, she does not recommend shifting funding from pavement to the Enhancement and CMAQ Programs.

Member Coleman made a motion, seconded by Member Gagner, and passed unopposed, to approve the following resolution:

RES. NO. WHEREAS, the Idaho Transportation Department is required by 23 U.S.C. 134,

ITB08-45 23 CFR, Part 450 and 49 CFR, Part 613 and the Safe, Accountable, Flexible, Efficient Transportation Equity Act – A Legacy for Users (SAFETEA-LU) to develop a Statewide Transportation Improvement Program (STIP); and

WHEREAS, the Program contains a list of priority transportation projects to be carried out for the first four years of the STIP and is in conformance with the first four years of each Metropolitan Planning Organization’s Transportation Improvement Program; and

WHEREAS, the STIP is consistent with “Idaho’s Transportation Future: getting there together,” the Department’s long-range vision/planning document adopted by the Idaho Transportation Board in July 2004; and

WHEREAS, the STIP, in nonattainment and maintenance areas, contains only transportation projects found to conform, or from programs that conform, to the requirements contained in 40 CFR Parts 51 and 93, and the Idaho Administrative Procedures Act, specifically the “Rules of the Department of Environmental Quality” found in Idaho Code 39-6701; and

WHEREAS, the STIP is financially constrained by year and includes sufficient financial information to demonstrate which projects are to be implemented using current revenues and which projects are to be implemented using proposed revenue sources while the transportation system as a whole is being adequately operated and maintained; and

WHEREAS, the STIP contains all capital and non-capital transportation projects proposed for funding under the Federal Transit Act; and

WHEREAS, the STIP contains all regionally significant projects requiring an action by the Federal Highway Administration (FHWA) or Federal Transit Administration (FTA); and

WHEREAS, the STIP, in the first year, includes only those projects that have been selected in accordance with federal project selection requirements for non-metropolitan areas; and

WHEREAS, the STIP contains modal projects in aeronautics, bicycle/pedestrian, highways, public transportation, and rail as well as highway safety; and

WHEREAS, the STIP was developed in accordance with all applicable federal requirements, including adequate opportunity for public involvement and comment.

NOW THEREFORE BE IT RESOLVED, that the Board approves the FY09-13 STIP with any changes approved at the September 17-18, 2008 Board meeting to be included in the recommended STIP, which is on file in the Intermodal Planning Office; and

BE IT FURTHER RESOLVED, that the Board approves the transmittal of the recommended FY09-13 STIP to FHWA and FTA for their review and approval.

Draft Legislation for 2009. At its July 2008 meeting, the Board approved 12 legislative idea forms for the 2009 session. Governmental Affairs Program Manager Mollie McCarty reported that the Governor’s Office has approved eight ideas to date: implementing commercial drivers’ license provisions in accordance with SAFETEA-LU; seat belt violation fine increase; collection of personal identification for titles and registration; transportation access plan; eminent domain – opinions of value; eminent domain – interest; eminent domain – project influence; and eminent domain – offers to settle. Draft legislation for the approved proposals was presented.

Member Gagner made a motion, seconded by Member Coleman, and passed unopposed, to approve the following resolution:

RES. NO. WHEREAS, the Idaho Governor’s Office has requested that state agencies submit

ITB08-46 proposed 2009 legislation to the Division of Financial Management for review and approval; and

WHEREAS, the Idaho Transportation Board at the July 9-10, 2008 meeting reviewed and approved legislative ideas for submission to the Division of Financial Management; and

WHEREAS, the Board at the July 9-10, 2008 meeting also authorized Idaho Transportation Department staff to develop draft legislation for review and approval, prior to submission to the Division of Financial Management; and

WHEREAS, the Division of Financial Management approved eight legislative ideas for submittal as legislative proposals.

NOW THEREFORE BE IT RESOLVED, that the Board approves submittal of the proposed draft legislation for the concepts, as shown as Exhibit 365, which is made a part hereof with like effect, to the Division of Financial Management.