Idaho Transportation Department

Board Minutes. Member Blick made a motion to approve the minutes of the regular Board meeting held on August 19-20, 2009 as submitted. Member Coleman seconded the motion and it passed unopposed.

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

October 14-15, 2009 – Boise

November 18-19, 2009 – Boise

December 17-18, 2009 – Boise

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

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

ITB09-44 revisions to Board Policy, B-07-02, Appealing Department Actions and Orders; and has received and reviewed the quarterly report on legal actions and contract claims; the update on the rest area partnership with Nez Perce Tribe; the contract award information; the professional services agreements and term agreement work task report; the annual report on the Railroad Grade Crossing Program; and the annual report on contracts and procurements.

1) Revisions to Board Policy B-07-02, Appealing Department Actions and Orders. This policy was revised to clarify language and add a reference to recommended orders.

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

3) Rest Area Partnership with Nez Perce Tribe. District 2 has been working with the Nez Perce Tribe on a rest area partnership project to service US-95 in the Winchester area. A request for proposal for a site plan study has been issued and a contract was to be awarded earlier this month. The study results are scheduled to be completed by the end of the year.

4) Contract Awards. Keys #11484 and #11482 – SH-33 and US-20, Salem Road to East of Sugar City and Madison County Line to East Bound Off Ramp, North Bound Lane, District 6. Low bidder: H-K Contractors, Inc. - $2,251,549.

Key #11962 – City of Rocks Back Country Byway, Stage 4, District 4. Low bidder: Western Construction, Inc. - $1,435,408.

Key #11920 – Idaho Falls Citywide Sealcoats, District 6. Low bidder: H-K Contractors, Inc. - $627,369.

Key #11868 – US-93, Newman’s Corner to Shoshone, District 4. Low bidder: Staker & Parson Companies dba IS&G - $1,437,995.

Key #11934 – SH-55, Junction SH-44 to Overhead Message Board, District 3. Low bidder: Hap Taylor & Sons, Inc. dba Knife River - $1,416,461.

Key #11933 – FY09 Dynamic Message Signs, Districts 3-6. Low bidder: Wheeler Electric Inc. - $1,862,167.

Key #9344 – US-30, New Plymouth West City Limits to Junction SH-72, District 3. Low bidder: Nampa Paving & Asphalt Company - $716,137.

Keys #10572 and #10579 – US-91 and SH-34, 1^st East to 800 North Preston and Junction US-91 to Riverdale Road, District 5. Low bidder: Staker & Parson Companies dba JBP - $324,426.

Key #10917 – US-93, Twin Falls Alternate Route, Stage 2, District 4. Low bidder: W W Clyde & Company - $26,624,770.

5) Professional Services Agreements and Term Agreement Work Task Report. From August 1 through August 28, $2,680,600 in new professional services agreements and work tasks were processed. Of the 12 agreements issued, the majority were issued because resources were not available in house or special expertise was required. Two supplemental agreements to existing agreements were processed in the amount of $48,600 during this period.

6) Annual Report on Railroad Grade Crossing Program. All six of the 2009 federal rail program projects were delivered on time. The projects funded were: Beck Road, Kootenai County; Stroebel Road, South Cloverdale Road, and South Locust Grove Road, all near Kuna; Ivins Road near Soda Springs; and Operation Lifesaver, totaling approximately $1.76 million. There are a total of 2,643 active railroad grade crossings in the state. During calendar year 2008, there were 20 rail-highway collisions that resulted in two fatalities, four injuries, and sixteen property damage incidents.

7) Annual Report on Contracts and Procurements. A summary of the procurement and contract services for FY09 was provided. A total of 23,905 purchase orders were processed in the amount of $73,251,553. A total of 30 professional services agreements in the amount of $650,602 and 82 contracts in the amount of $6,147,445 were processed. Additionally, 336 informal bids, 75 requests for proposals, and 198 master agreements were issued.

Board Items. Chairman Manning summarized his recent activities, including the ground-breaking ceremony for the US-93, Twin Falls Alternate Route Stage 2 project, which Member Blick also attended; a meeting with Fred Meyer representatives on an access issue; and a meeting with the Governor’s Office to discuss national transportation issues.

Member Blick said he received two phone calls recently related to Port of Entry issues. One of the concerns was insufficient storage at the I-84, Cotterel Port. The facility does not have adequate storage capacity, so trucks occasionally back up on the interstate, creating safety concerns. The other caller discussed PrePass, a transponder for weigh-in-motion operations.

Member Miller referenced a system in California whereby sensors detect when trucks start backing up at ports of entry and automatically close the facility. Acting Director Stokes said staff will look into the concerns at Cotterel Port of Entry.

Member Coleman questioned the Department’s policy regarding public records requests. He believes the policy should be applied uniformly throughout the Department. Deputy Attorney General Vogt acknowledged the large volume of requests the Department receives. Although the current policy is based on law, he will review it.

Acting Director’s Report. Acting Director Stokes said the Department’s revenue is below the forecast. Revenue from the recently implemented national trailer plates has not materialized as anticipated, contributing to the revenue shortfall. Holdbacks of approximately $8.6 million are being implemented to address the funding concerns.

Acting Director Stokes believes performance measures will be a major part of the federal transportation reauthorization act. He and Administrator, Division of Administration (ADA) Dave Tolman are participating on an American Association of State Highway and Transportation Officials Subcommittee on performance measures.

Staff started tracking performance measures on July 1, according to Acting Director Stokes. The intent is to revisit those activities by January 1 and make changes accordingly. He reported that the meetings throughout the state with mid managers are continuing and have been well received to date. District 2 Engineer Jim Carpenter is leading efforts to establish maintenance measures. Additionally, the Statewide Transportation Plan task force has met several times and its efforts are on schedule.

Acting Director Stokes reported that the next Governor’s Task Force on Transportation Funding meeting will be held on October 8. Staff is preparing a presentation on the Department’s transportation needs. The Subcommittee on Cost Allocation met and modified the request for proposals.

Acting Director Stokes said the U.S. Senate passed a transportation appropriations bill in the amount of approximately $40 billion. The bill will now go to a conference committee.

In conclusion, Acting Director Stokes said the Office of Highway Safety was successful in securing almost $1 million in safety grants, mainly for enforcement activities.

Member Gagner asked about the communication strategy to keep legislators and other interested stakeholders informed of the performance management initiative. Acting Director Stokes replied that a number of informal conversations have been held. Efforts are continuing on defining the performance measures and identifying maintenance measures. After more progress has been made, formal communication will be initiated. Member Gagner emphasized the importance of communicating the Department’s efforts.

In response to Member Coleman’s question on the involvement of external stakeholders in the Statewide Transportation Plan process, Acting Director Stokes replied that yes, the process includes a public participation component.

Increased Speed Limits. Highway Operations and Safety Engineer (HOSE) Brent Jennings reported that the states of Utah and Texas currently allow an 80 mile per hour (MPH) speed limit on portions of the interstate system. Texas also allows a maximum speed limit of 75 MPH on select two-way, two-lane highways. The Utah Legislature authorized increased speed limits on an experimental basis. The Utah Department of Transportation is required to perform engineering studies regarding the impacts of the new 80 MPH speed zones and must report its findings back to the Legislature. Road geometry and population density were key factors in determining the two test locations.

HOSE Jennings said Idaho Code 49-654 would need to be revised to increase speed limits in Idaho. He added that if the Department pursues this, it should be done through a structured program using engineering studies and judgment to select routes and location limits. Highway geometry, crash history, and population density should be some of the criteria. It should also be done in partnership with law enforcement and the Districts.

Vice Chairman Miller expressed appreciation for the report. He suggested it may be appropriate to consider increasing speed limits in the future.

District 4 Strategic Activities. DE Rigby said one of the activities to Expand and Enhance Partnerships was a cooperative project with the City of Hansen and Twin Falls Highway District on the US-30, Rock Creek Road intersection. Improving Customer Service and Leading Through Agency Performance activities include participating in the four local area transportation committees. Member Blick added that he usually attends the local committee meetings. He believes they are valuable to both the communities and ITD.

Chairman Manning thanked DE Rigby for the report.

Adopt-A-Highway (AAH) Presentation. Member Blick thanked the Jerome County Sheriffs Program participants for their involvement in the Adopt-A-Highway Program the past ten years. The group adopted about 2 miles of US-93. He thanked the group for the valuable service it is providing.

Delegation – Buhl and Wendell Highway Districts. Greater Twin Falls Area Transportation Committee Chairman Aaron Wert summarized ITD’s and the local highway jurisdictions’ efforts to add the Buhl to Wendell route to the state highway system. A memorandum of understanding was signed in the mid 1990s that outlined each entity’s responsibilities and the procedures to transfer jurisdiction of the route. The Buhl and Wendell Highway Districts have completed the right-of-way acquisition process and are ready to relinquish the route.

Member Blick added that this proposal has been discussed since the mid 1940s. Although he believes the route should be a state highway, he expressed concern with the Department’s financial situation.

The fiscal impacts to the Department are not known at this time, according to DE Rigby. An analysis would be required to determine annual routine maintenance costs and future facilities maintenance costs. Additionally, the route does not meet current standards, so improvements would be required over time.

Chairman Manning deferred this issue to the Board Subcommittee on State Highway System Adjustments.

Delegation – Mini-Cassia Transportation Committee (MCTC). Milo Ross, MCTC Chairman, thanked the Department for the assistance it provided in securing federal funding to reconstruct the City of Rocks Back Country Byway. The last phase to improve this 16-mile route is under construction. He noted that staff indicated it would recommend to the Board that the route be added to the state highway system after it has been reconstructed. He mentioned that as the popularity of the City of Rocks National Reserve continues to grow, traffic is increasing on this route, and he believes it should be on the state highway system.

DE Rigby said the fiscal impacts to maintain this route have not been determined. Chairman Manning expressed concern with the Department’s insufficient resources to maintain the road. He asked the Board Subcommittee on State Highway System Adjustments to consider this proposal.

Chairman Manning welcomed Representative Stephen Hartgen to the meeting.

Presentation – Local Highway Technical Assistance Council (LHTAC). Jerry Flatz, LHTAC Federal Aid Manager, said LHTAC was created by the Idaho Legislature in 1994 to assist local highway jurisdictions with utilizing the available resources for maintenance and construction of Idaho’s local highway system. Some of the authority given to LHTAC in Idaho Code includes representing its member jurisdictions in conferences, meetings, and hearings; developing uniform standards and procedures; making recommendations to the Transportation Board on the distribution and prioritization of the federal funds for local highway projects; assisting the legislature with research and data; and acting for local jurisdictions through joint exercise of powers agreements with any other local jurisdiction, state, or federal agencies.

Mr. Flatz elaborated on the various funding programs, noting that the revenue is not sufficient to meet the needs of the local transportation system. In 2007, there were 34,000 local highway miles. He also reported on LHTAC’s relationship with ITD. The two entities work together on various initiatives, such as inventorying the local system and streamlining the process to award projects through the American Recovery and Reinvestment Act (ARRA). He expressed appreciation for the Department’s cooperation on federal aid projects.

In response to Chairman Manning’s question on the reporting requirements related to ARRA, Mr. Flatz said LHTAC understands the requirements and will be following them. Member Coleman complimented LHTAC for its ARRA efforts. A substantial increase in funding was provided to the local entities and LHTAC has been managing that without additional staff.

Chairman Manning thanked Mr. Flatz for the informative report and also expressed appreciation to Mr. Flatz and LHTAC for the assistance they are providing to the local entities.

Draft Legislation for 2010. At its July 2009 meeting, the Board approved nine legislative concepts for the 2010 session. An additional legislative idea was added to increase the outdoor advertising fee. Governmental Affairs Program Manager Mollie McCarty reported that the Governor’s Office has approved eight ideas to date; however, staff has since withdrawn four ideas. Draft legislation for the four remaining proposals was presented: driver training instruction permit, safety restraint violation court costs, commercial driver’s license audit compliance, and duplicate title issuance.

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 proposed 2010

ITB09-45 legislation to the Division of Financial Management for review and approval; and

WHEREAS, the Idaho Transportation Board at the July 22-23, 2009 meeting reviewed and approved legislative ideas for submission to the Division of Financial Management; and

WHEREAS, the Board at the July 22-23, 2009 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 legislative ideas for submittal as legislative proposals; and

WHEREAS, Department staff has recommended that the legislative proposals on Personal Identity Protection and Outdoor Advertising Fees (#2 and #6) be withdrawn to allow for more comprehensive research and development.

NOW THEREFORE BE IT RESOLVED, that the Board approves submittal of the remaining proposed draft legislation, as shown as Exhibit 385, which is made a part hereof with like effect (#1, #3, #4, and #5), to the Division of Financial Management.

Local Programs Economic Stimulus – ARRA Completion Proposal. Manager, Transportation Investments (MTI) Dave Amick summarized the March 2009 Board action dedicating $28 million in ARRA funds to local highway jurisdictions. In conjunction with local entities, staff recommends the addition to the STIP of $14 million in new projects or increased funding to existing projects. These projects may be used to offset possible project delays, use statewide savings, or take advantage of additional funding during the March 2010 ARRA funding redistribution among the states. Staff will meet with local program representatives on October 9 to assess local and state project delivery status and to prioritize ready projects for obligation beginning October 19 for the full use of ARRA funding by March 1, 2010.

Vice Chairman Miller made a motion, seconded by Member Whitehead, and passed unanimously, to approve the following resolution:

RES. NO. WHEREAS, the American Recovery and Reinvestment Act (ARRA) of 2009 has provided Idaho

ITB09-46 $181,934,631 in 100% federal funding highway infrastructure projects; and

WHEREAS, such funding has been provided for the expeditious delivery of eligible highway infrastructure projects with priority for those which can be completed by February 17, 2012, are in economically distressed areas, and which maximize job creation and economic benefit; and

WHEREAS, Idaho has experienced throughout the state a reduction in economic activity resulting in significant job loss and hardship in both the public and private sectors of Idaho’s economy; and

WHEREAS, the Idaho Transportation Department has set aside $27.8 million under the ARRA for local projects; and

WHEREAS, such expeditiously delivered projects must be obligated in time to meet rigid deadlines established in the ARRA, ranging from 120 days to 1 year from the apportionment of ARRA funding to Idaho; and

WHEREAS, funding which does not meet the deadlines established under the ARRA will be redistributed to other states; and

WHEREAS, the Idaho Transportation Board has been provided an overview of the purpose, provisions, and deadlines under the ARRA; and

WHEREAS, the Department’s FY10 budget, which includes $182 million in ARRA funding, was approved during the Idaho 2009 Legislative Session and signed into law by Idaho Governor Otter on May 1, 2009; and

WHEREAS, projects identified for delivery in accordance with the provisions of the ARRA must be included in the Statewide Transportation Improvement Program (STIP) and approved by the Federal Highway Administration and the Federal Transit Administration prior to being eligible for ARRA funding; and

WHEREAS, the Department has already identified in August 2009 state highway system ARRA projects to use potential state or local savings or additional funding through the completion of ARRA: and

WHEREAS, the Community Planning Association of Southwest Idaho, the Surface Transportation Program Urban Committee, and the Local Highway Technical Assistance Council have identified additional local ARRA projects or increased funding to existing projects to use potential state or local savings or additional funding through the completion of ARRA; and

WHEREAS, 100% obligation of ARRA funding by March 1, 2010 will prevent the loss of ARRA funding to other states and qualify Idaho to use redistributed ARRA funding not used by other states.

NOW THEREFORE BE IT RESOLVED, that staff is authorized to amend the FY09-13 STIP in accordance with the provisions of the ARRA to include the projects listed in “Idaho Highways Economic Stimulus: Local Recommended Priorities for ARRA Savings or Additional Funding”, as shown in Exhibit 386, which is made a part hereof with like effect, in FY09 of the ARRA local infrastructure programs; and

BE IT FURTHER RESOLVED, that staff is authorized to obligate ARRA funding to the projects in Exhibit 386 based on project readiness as funding comes available through savings within the local programs or after October 19, 2009, within the statewide ARRA programs.

Monthly Financial Statements and Highway Program Obligations. MTI Amick reported that over $300 million had been obligated for projects in the STIP by the end of August, or approximately 89% of the planned amount. At the same time last year, $310 million, or about 82%, had been obligated.

Controller Gordon Wilmoth said the revenue to the Highway Distribution Account through July was $15,334,882, which was above the projected revenue of $15,116,000. Total expenditures in the ARRA Title XII Fund were $594,947. Revenue to the State Aeronautics Fund from aviation fuels of $128,163 was below the projected revenue of $149,182.

GARVEE Update and Annual Funding Authorization. Amy Schroeder, Program Engineer (PE), summarized the construction progress of the GARVEE Transportation Program. To date, $681 million in bonds have been authorized, while $573 million have been sold. Through August, $534 million has been contracted and $350 million expended through 23 construction contracts, 7 supply contracts, 110 design and construction services agreements, and 61 individual consulting firms. She also reported on the projects that have been completed to date and the status of projects underway.

Member Gagner requested a summary of the Program’s successes to date and the lessons learned. PE Schroeder said there have been a number of innovative features, particularly with design and construction. She will provide a report in the near future.

ADA Tolman reported on the national Highway Trust Fund. The Safe, Accountable, Flexible, Efficient Transportation Equity Act – a Legacy for Users will expire on September 30, 2009. Options being considered are extending the act for 18 months at the current funding level, developing a new highway act now, and implementing a continuing resolution for approximately 9 months at the current funding level. Funding at the current level continues to be a concern, as revenue forecasts are insufficient to maintain that amount. ADA Tolman also reported on the current bond market. To date, the Department has issued three bond series for a weighted interest rate of 4.61%.

GARVEE Program Manager (GPM) Jason Brinkman presented two options for the FY11 funding authorization. The recommendation was based on the original objectives of the program, bid savings opportunities, environmental progress being made in two corridors, and concerns with the federal revenue projections. Savings of $30 million are available to apply to projects. Both options fund construction of the I-84, Franklin to Garrity project, estimated at $49 million. With the $30 million in savings available, the funding authorization request for Option A would be $19 million. The second option also includes $11 million for right-of-way in the SH-16 extension corridor and four miles of US-95 in the Chilco area, including frontage roads, at $15 million. The second option, which staff recommends, requests $45 million in additional bonding authorization. Both authorization amounts being considered are within the current legislative authorization and Highway Trust Fund projections.

Some discussion was held on the economic situation. With holdbacks being implanted at ITD as well as in general fund agencies, some members expressed a desire to take a conservative approach with the GARVEE Program. Other comments reflected concerns with purchasing right-of-way in the SH-16 corridor without guarantees that funding for construction will be secured and uncertainty with the schedule to complete the environmental process on the US-95 project.

Representative Hartgen expressed concern with the debt service. Although he believes the projects are worthwhile and are needed, due to the poor economic conditions, he is not sure additional debt should be acquired.

Member Gagner requested a future presentation on the entire GARVEE Program, including the initial concept, the projects that have been completed to date, projects planned, and what projects will not be funded.

Without objection the Board postponed the GARVEE bonding authorization request until the October meeting.

Representative Hartgen thanked the Board for its service and for its sensitivity to the legislature. He recognizes the vast transportation needs throughout the state. He attends the regional transportation committee meetings and appreciates Member Blick’s and DE Rigby’s efforts.

FY10-13 STIP. Intermodal Planning Manager (IPM) Sonna Lynn Fernandez said Idaho’s STIP, which is developed annually, represents a fiscally constrained multi-year, multi-modal program that shows planned highway, transit, aeronautics, and highway safety projects. Per federal requirements, it was developed with public involvement and in collaboration with LHTAC and the six Metropolitan Planning Organizations.

The draft FY10-13 STIP will be available for public review and comment from September 20 through October 21, according to IPM Fernandez. This year, instead of sending CDs and books, postcards were sent indicating where people could access a copy of the draft STIP via the web. More than 1,500 postcards have been sent to federal, state and local agencies, local highway jurisdictions, Tribal Nations, Universities, and interested parties. Comments gathered during the open public comment period will be submitted to the Board in November. At that time the Board will be asked to approve the STIP and then it will be submitted to the Federal Highway Administration and Federal Transit Administration for approval.

Chairman Manning thanked IPM Fernandez for the report.

Executive Session on Personnel and Legal Issues. Member Blick made a motion to meet in executive session at 11:40 AM to discuss personnel and legal issues as authorized in Idaho Code Section 67-2345(a), (b), (d), and (f). Vice Chairman Miller seconded the motion and it passed 5-0 by individual roll call vote.

A discussion was held on legal matters related to records exempt from public disclosure and a contract dispute.

A discussion was held on personnel issues related to the conduct of public officers and the filling of a public office.

The executive session recessed at 1:20 PM. No final actions or decisions were made.

Delegation – Jerome Highway District. Jerome Highway District Commissioner Dennis Kulhanek said the local highway jurisdiction has been working cooperatively with District 4 on a traffic signal at US-93 and Golf Course Road. The project also includes a north-bound turn lane and south-bound acceleration lane. Per ITD policy, the local highway jurisdiction is fiscally responsible for a portion of the project; however, Commissioner Kulhanek said he does not know how much of the estimated $1,089,000 cost is their responsibility.

District 4 Traffic Engineer Bruce Christensen elaborated on the project at this high accident location. The local’s share is 25%. He added that the project is in the environmental phase, so design has not started.

Commissioner Kulhanek expressed concern with the cost and said the highway district cannot afford a $250,000 project. He asked if work-in-kind may be an acceptable option.

The Board was receptive to the work-in-kind proposal for the traffic signal project and asked ITD and the local highway district to pursue this option.

Commissioner Kulhanek thanked the Board for its time and for its consideration to work with the local entity on this project.

Executive Session on Personnel Issues. Member Coleman made a motion to continue the executive session at 1:35 PM through September 18 to continue discussions on personnel issues as authorized in Idaho Code Section 67-2345(a). Vice Chairman Miller seconded the motion and it passed 5-0 by individual roll call vote.

A discussion was held on personnel issues related to the filling of a public office.

The Board recessed at 5 PM.