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WORKSHOP AND REGULAR MEETING

OF THE IDAHO TRANSPORTATION BOARD

 

June 18-19, 2013

 

The Idaho Transportation Board met at 8:30 AM, on Tuesday, June 18, 2013, in Boise, Idaho. The following principals were present:

            Jerry Whitehead, Chairman

            Jim Coleman, Vice Chairman – District 1

            Janice B. Vassar, Member – District 2

            Julie DeLorenzo, Member – District 3

            Jim Kempton, Member – District 4

            Dwight Horsch, Member – District 5

            Lee Gagner, Member – District 6

            Brian W. Ness, Director

            Scott Stokes, Chief Deputy

            Larry Allen, Lead Deputy Attorney General

            Sue S. Higgins, Executive Assistant and Secretary to the Board

 

Investment Approach Recommendations. Staff summarized various investment methods, including using data for a performance-based approach and a formula-driven approach. The Department’s funding priorities continue to be on operations, preservation, rehabilitation, and expansion. In 2012, 86% of the state’s pavements were in good condition and 73% of the bridges were sufficient. Some of the tools currently used to make decisions are the highway safety corridor analysis system, bridge condition data, and data from the Transportation Asset Management System. Some Districts rely on performance measures to identify projects for funding and public involvement. Staff also summarized the Early Development Program.

 

Revenue and Budget. Staff provided historical information on the Department’s revenue and projected revenue through FY18. Minimal revenue growth is expected. Current and projected federal funding issues were also provided. Congress is working on the FY14 transportation appropriations, which may result in a slight decrease of funding for Idaho. 

 

The state revenue forecast for FY15 is $245.5 million, with total available funds estimated at $569.6 million. Some of the items included in the proposed FY15 budget include $58.8 million for GARVEE bond payments, $324.7 million for contract construction, $30.4 million for replacement equipment, and 1,814 full-time equivalent positions.

 

Idaho Transportation Investment Program (ITIP) Development. The process to develop the ITIP and the planned public outreach activities were reviewed.

 

Program Framework. The draft FY14-18 ITIP was presented. It includes $2.1 billion in projects with the majority, 82%, for highway projects, including GARVEE. Aeronautics’ projects comprise 13% of the Program, public transportation 4%, and local participation 1%. Discussion followed on the statewide data-driven approach to fund projects versus the target to provide funding to Districts based on lane miles, vehicle miles traveled, and deficient lane miles.

 

 


Several members expressed interest in comparing a statewide data-driven approach to the draft ITIP. It was noted that District Engineers need discretion to schedule projects when using the data-driven approach. Consideration needs to be given to factors like safety and public involvement.

 

The Divisions of Transportation Performance and Aeronautics summarized their funding and process to program projects for transit and aviation, respectively.

 

Discussion followed on developing a plan to replace the state aircraft. The consensus of the Board was to have staff prepare a proposal.

 

Implementation of Investment Recommendations. Chief Engineer (CE) Tom Cole elaborated on last month’s presentation to award projects earlier using the advance construct method. He acknowledged a potential risk may be that federal funds don’t materialize to reimburse state funds; however, the Department would have the ability to stop the project. Staff would monitor activities, including at the federal level, and could delay bidding projects if concerns are identified. One example is if a federal surface transportation act is close to expiring, the Department may not want to advance construct projects until a new transportation act has been approved. ITD has the ability to include language in contracts to lessen its risks. It also has flexibility in identifying projects to advance construct. Consideration would be given to the type of work, the location, and the estimated cost.

 

Controller Wilmoth addressed the cash flow component. The Department may lose approximately $1.5 million annually from interest with the advance construct method. He added that regardless, the cash balance is projected to decrease.

 

The Board requested a step-by-step outline of the cash flow process for the advance construct proposal.

 

            WHEREUPON the workshop recessed at 4:40 PM.

 

 

June 19, 2013

 

The Board reconvened at 8:30 AM on Wednesday, June 19, 2013, at the Transportation Department in Boise, Idaho. All members were present.

 

Board Minutes. Vice Chairman Coleman made a motion to approve the minutes of the regular Board meeting held on May 22-23, 2013 and the minutes of the special Board meeting held on May 31, 2013, as submitted. Member Vassar seconded the motion and it passed unopposed.

 

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

            July 10-11, 2013 – District 6

            August 14-15, 2013 – District 4

September 18-19, 2013 – District 1

 

Consent Calendar. CE Cole elaborated on the contract with Delcan Corporation for mobile data collection installation and implementation. The technology will be installed in snowplows to assist with winter maintenance efforts, such as dispensing applications. Data will also be collected from the vehicle. The previous contract was terminated so the work planned could be expanded and new technology incorporated through a new contract.

 

Several Board members questioned other professional service agreements, including one for fiber optic conduits mapping and one related to the Division of Motor Vehicles’ (DMV) modernization project. There was also some discussion on the professional service agreements staff is authorized to approve. (See later minute entry.)

 

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

RES. NO.        WHEREAS, consent calendar items are to be routine, non-controversial, self-

ITB13-22        explanatory items that can be approved in one motion, although the Idaho Transportation Board members have the prerogative to remove items from the consent calendar for questions or discussion.

 

NOW THEREFORE BE IT RESOLVED, that the Board approves the FY14-17 Strategic Plan for the Division of Financial Management; advancing Off System, Kooskia Sidewalk and Safe Routes to School Coordinator from FY14 to FY13; advancing Off System, Willow Creek Ferguson Lane Bridge, Bonneville County from FY16 to FY13; and the annual update of safety rest areas and oasis partnerships; and

 

                        BE IT FURTHER RESOLVED, that the Board has received and reviewed the contract award information, the professional services agreements and term agreement work task report, the IPLAN project monthly status update, alternative project delivery nomination clarification, and non-construction service contracts issued by Business and Support Management for informational purposes.

 

1) FY14-17 Strategic Plan for the Division of Financial Management. Idaho Code requires all state agencies to submit a Strategic Plan covering a minimum of four years to the Division of Financial Management by July 1. The Plan includes the Department’s vision and/or mission statement, goals, objectives, performance measures and benchmarks, and external factors. Staff requested approval of the FY14-17 Strategic Plan.

 

2) Advance Offsystem, Kooskia Sidewalk and Safe Routes to School Coordinator from FY14 to FY13. The City of Kooskia requests advancing its sidewalk project, key #13017, to FY13. The Safe Routes to School Program has an adequate balance to cover the $99,000 project in FY13. Staff also requests approval to amend the FY13 Statewide Transportation Improvement Program (STIP) accordingly.

 

3) Advance Offsystem, Willow Creek Ferguson Lane Bridge, Bonneville County from FY16 to FY13. Bonneville County requests advancing the Willow Creek Ferguson Lane Bridge, key #10608 to FY13 because it is ready for construction. The Local Highway Technical Assistance Council has available funds from cost savings to advance the $592,000 project. Staff also requests approval to amend the FY13 STIP accordingly.

 

4) Annual Update of Safety Rest Areas and Oasis Partnerships. The 2013 summary reflects work underway to improve the I-84, Cotterell rest area and construction of the US-95, Camas Prairie partnership facility. The I-15, Sage Junction Rest Area project has been removed because of the completion of the Dubois Gateway Rest Area. Due to limited funding, no new projects are planned. The 2013 Safety Rest Areas and Oasis Partnerships Planning Map is shown as Exhibit 425 and made a part hereof with like effect.

 

5) Contract Awards. Keys #12963, #11552, and #11984 – SH-3, Robinson and Canary Creek Culverts, Kootenai County; Willow Creek and Swan Creek Bridges; and Swan Creek to Coeur d’Alene River Bridge, Kootenai County, District 1. Low bidder: Apollo Inc. - $6,268,553.

 

Key #12943 – Offsystem, Dent Bridge Road Milepost 13, Clearwater County, District 2. Low bidder: Debco Construction – $1,289,429.

 

6) Professional Services Agreements and Term Agreement Work Task Report. From May 1 through May 31, 38 new professional services agreements and work tasks were processed for $3,711,905. Five supplemental agreements to existing agreements were processed in the amount of $1,972,822 during this period.

 

7) IPLAN Project – Monthly Status Update. The project is currently in the development/ configuration stage. Some of the activities during the past month included drafting the data standards and processes documents, coordination with the Environmental Section on supporting its efforts, and creation of proposed maps.

 

8) Last month, staff presented a list of design-build and construction manager/general contractor projects. Upon further review, it has been determined that the appropriate delivery methods are construction manager/general contractor for the SH-97, I-90 Overpass project and design-build for the SH-3, St. Joe River and St. Maries Railroad bridge project.

 

9) Service Contracts issued by Business and Support Management. From April 27 through May 27, the Business and Support Management Section processed 17 new service contracts for $1,945,703 and 6 service contract modifications for a net decrease of $939,306.

 

Director’s Report. Director Ness summarized various meetings and activities, including the June 13 ceremony naming the ITD Headquarters’ Building the Philip E. Batt Building. He also reported on numerous awards, recognitions, and efficiencies.

 

The Director’s entire report can be viewed at http://itd.idaho.gov/Board/report.htm.

 

Chief Deputy Stokes mentioned the Office of Highway Safety’s efforts to address aggressive driving. He complimented the Department’s partners on their assistance on this campaign. He also expressed appreciation to the District 3 staff for its efforts to improve safety on SH-16 and for its response to a recent landslides on SH-52.

 

Director Ness reported on succession planning efforts. With half of ITD employees eligible to retire in the next five years, a concerted effort is underway to address this challenge. The components include workforce planning, compensation and classification, training and mentoring, and recruitment and retention.

 

Delegation – Idaho Trucking Advisory Council (TAC). TAC Chairman Bill Moad said the TAC does not have any legislative proposals for 2014. He expressed appreciation for the 129,000 pound truck route legislation and looks forward to participating in that process. He outlined a draft proposal to increase transportation revenue as a citizen, not as the TAC Chairman. Some of the components of the plan include additional truck registration brackets and increasing truck registration fees; increasing the diesel fuel tax; and diverting some sales tax revenue on transportation-related items to the Highway Distribution Account. He will present his proposal to the trucking industry and intends to garner broad support for the plan.

 

The Board commended Mr. Moad for his initiative to address the revenue shortfall and plans to work with the trucking industry. Chairman Whitehead thanked him for his presentation.

 

2014 Proposed Legislative Ideas. Government Affairs Manager Mollie McCarty presented six legislative ideas. The vehicle title and registration clean up proposal includes items related to the DMV modernization project and would improve efficiencies and customer service. To address safety, ITD’s maintenance vehicles would be included as an authorized and emergency vehicle, requiring drivers to slow down and move over when they come upon such a vehicle displaying flashing lights. Other ideas are mandatory criminal background checks for new employees who have access to DMV systems; make the driver license or identification card the recognizable document for proof of a person’s full legal name; implement new commercial driver’s license testing and commercial learner’s permit standards to comply with federal regulations; and amend ignition interlock language to comply with federal regulations.

 

The Board had a number of questions on the vehicle title and registration clean up, the maintenance vehicles included with authorized and emergency vehicles, and ignition interlock ideas. It requested additional information related to costs and monitoring for the last item.

 

Highway Safety Performance Plan. Highway Safety Manager (HSM) Brent Jennings said the National Highway Traffic Safety Administration requires a Highway Safety Performance Plan that outlines the behavior highway safety program for the year. The goal of the program is to eliminate highway fatalities and injuries. It was developed with highway safety data in collaboration with ITD’s partners. It is performance based, multidisciplinary, and supports ITD’s strategic plan. In 2012, 184 people were killed in traffic crashes in Idaho. Although 64% of all crashes occurred in urban areas, 81% of fatal crashes happened in rural areas. Aggressive driving was a factor in 54% of all crashes and impairment was a factor in 40% of fatal crashes. The economic cost of all crashes was $2,319,689,659.

 

CD Stokes noted that Idaho’s fatality rate was lower than the national rate. Member Vassar thanked HSM Jennings, ITD staff, and their partners for their efforts to address highway safety. Chairman Whitehead also commended HSM Jennings.

 

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

RES. NO.        WHEREAS, Idaho experienced 21,402 reportable traffic crashes, 184 traffic

ITB13-23        deaths, and 10,866 people injured in 2012; and

 

WHEREAS, the economic cost of traffic crashes in Idaho for 2012 was just over $2.3 billion; and

 

WHEREAS, the Idaho Transportation Department’s goal is to have zero traffic deaths; and

 

WHEREAS, the National Highway Traffic Safety Administration (NHTSA) may allocate about $7.8 million in funding behavior safety programs for Idaho to reduce traffic deaths and serious injuries; and

 

WHEREAS, the Federal Highway Administration may allocate about $1 million from the Highway Safety Improvement Program for behavior type projects; and

 

WHEREAS, the Idaho Traffic Safety Commission and the Office of Highway Safety have developed the Highway Safety Performance Plan for Federal Fiscal Year 2014 to work towards the elimination of Idaho traffic deaths, serious injuries, and economic losses; and

 

WHEREAS, the Highway Safety Performance Plan is required by NHTSA in order to receive funding from NHTSA.

 

NOW THEREFORE BE IT RESOLVED, that the Idaho Transportation Board adopts the Highway Safety Performance Plan for Federal Fiscal Year 2014, which is on file in the Office of Highway Safety.

 

Privatization of Logos and Tourist Oriented Directional Sign (TODS) Programs. CE Cole summarized the logos and TODS programs, which provide roadside services information. Logo signing is for highways with fully-controlled access and TODS are for all other state highways. Staff has investigated the feasibility of privatizing management of the logo sign program.  The vendor would assume operational responsibility for the signs, such as installation and maintenance. ITD would review and approve sign locations, site layouts, traffic control plans, marketing, materials, manufacturing, installation, and maintenance. Staff would perform periodic audits and field reviews to ensure the contractor is operating in accordance with the contract.

 

The vendor would guarantee ITD a fixed annual income in exchange for the vendor’s authority to market the program and charge businesses a fee for each logo installation that is commensurate with the market conditions at each location. In addition to potential revenue of $150,000 annually, ITD would avoid costs associated with managing the logo program. These savings are estimated between $50,000 and $150,000. The fees ITD charges for logo installations are prescribed in Administrative Rule 39.03.62. The rule would need to be amended or rescinded to allow for the privatization of the program.

 

With the understanding that proceeding with rule-making does not approve privatization of the program, Member Vassar made a motion, seconded by Member DeLorenzo, and passed unanimously, to approve the following resolution:

RES. NO.        WHEREAS, Idaho Code 40-313 gives the Idaho Transportation Board the

ITB13-24        authority to erect signs to guide traffic; and

 

WHEREAS, Idaho Code 40-312 gives the Board the authority to prescribe rules and regulations affecting state highways; and

 

WHEREAS, Administrative Rule IDAPA 39.03.62 and its incorporated reference prescribe the Standards and Procedures for Specific Service Signs on the Interstate and Other Fully Controlled Access Highways (Logo Signs); and

 

WHEREAS, Administrative Rule IDAPA 39.03.64 and its incorporated reference prescribe the Standards and procedures for Tourist Oriented Directional Signs (TODS) for Motorist Service Facilities along the State Highway System Except Fully Controlled Access Highways; and

 

WHEREAS, the Board has an interest in reducing costs and increasing revenue; and

 

WHEREAS, there may be a possibility to reduce costs and increase revenue through privatizing one or both of the logo and TODS programs; and

 

WHEREAS, changes to Administrative Rule IDAPA 39.03.62 are required to allow for privatization of the logo program and changes to Administrative Rule IDAPA 39.03.64 are required to allow for privatization of the TODS program.

 

NOW THEREFORE BE IT RESOLVED, that the Board directs staff to proceed with rulemaking to amend Administrative Rules IDAPA 39.03.62 and IDAPA 39.03.64 to allow for privatization of the logo and TODS programs.

 

Sponsorship of ITD Incident Response Program. Highway Operations Engineer (HOE) Greg Laragan said the District 3 Incident Response vehicles patrol the interstates and some state highways in the greater Boise area on a regular basis during the work week. The three vehicles travel over 150,000 miles and respond to about 5,200 incidents annually. Staff investigated the feasibility of procuring a sponsor for the program to defray some operating costs. The Federal Highway Administration (FHWA) supports the concept of sponsorship if it is in accordance with a state’s written policy.  ITD currently expends about $172,000 annually to operate its Incident Response Program.  The value of the sponsorship is estimated at $20,000 per vehicle or a total of about $60,000 annually. HOE Laragan said if the Board concurs to develop a policy for this sponsorship, a request for proposals would be issued to determine interest.

 

Vice Chairman Coleman asked if the program would be expanded to other areas, such as Coeur d’Alene. HOE Laragan replied that the request for proposals would address expansion. He would like the proposal to have flexibility.

 

Via general concurrence, the Board directed staff to draft a policy to address sponsorship of ITD’s incident response program.

 

Remove US-2, Lake Street to Cedar Street, Sandpoint from FY13. District 1 Engineer Damon Allen requested the removal of the US-2, Lake Street to Cedar Street project, key #12284, from the ITIP. The intent of the project, also known as the “Curve” project, was to shift traffic from US-2 and US-95 onto the ITD-owned abandoned railroad right-of-way. Several alternatives were considered; however, the City of Sandpoint approved the “no build” option and decided not to enter into a memorandum of understanding with ITD for the construction of the preferred alternative.

 

If the project is removed from the ITIP, the funds would be used to obligate the following FY14 projects with state funds: Pinehurst Road Grade Separation, key #8916 - $3,871,000; South Fork Coeur d’Alene River Bridge, key #12874 - $1,685,000; Milepost 23.739 to 26.97 Grade, Lewis County, key #12320 - $409,000; District 4 Guardrail Upgrades, key #13087 - $223,000; District 4 Signal Upgrades, key #13519 - $283,000; and 3400 East Road Turn Lane, Twin Falls, key #12400 - $272,000; and FY16 District 6 Sign Upgrades, key #12462 - $190,000.

 

Vice Chairman Coleman said improvements will be needed in the future to address the US-2 traffic and to relinquish state highways in downtown Sandpoint to the city.

 

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

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

ITB13-25        to publish and accomplish a current, realistic, and fiscally constrained five-year Highway Development 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, a preferred project alternative was developed to connect US-2 and US-95 on Department right-of-way along the abandoned railroad alignment known as the “Curve”; and

 

WHEREAS, the Department was interested in constructing the “Curve” project so that pass-through traffic could be shifted off of the city streets; and

 

WHEREAS, the City of Sandpoint was interested in obtaining jurisdictional control of these streets through building this project and through a memorandum of understanding (MOU); and

 

WHEREAS, the City could not support the preferred alternative and voted for a “No Build” option and voted to not enter into an MOU with the Department for construction of the project nor jurisdictional transfer of the city streets.

 

NOW THEREFORE BE IT RESOLVED, that the Board removes US-2, Lake Street to Cedar Street, Sandpoint from FY13 of the Idaho Transportation Improvement Program; and

 

BE IT FURTHER RESOLVED, that the Board understands that District staff will continue to work with the City of Sandpoint to find low cost operational changes that might be made in downtown Sandpoint to allow traffic to shift off of Pine, First, and Cedar Streets.

 

Federal Formula Highway Funding to Locals. Transportation Investments Manager (TIM) John Krause presented options for the distribution of federal formula funds to local highway jurisdictions. He summarized outreach efforts, additional funding available to local entities, and funding allocations per centerline mile. He confirmed that Alternative A complies with MAP-21.

 

The consensus of the Board was that Alternative A, continuing the current calculation method, was a good compromise when comparing population and lane miles. Member DeLorenzo expressed appreciation for the comments she received on this issue.

 

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

RES. NO.        WHEREAS, the Idaho Transportation Board has historically provided funding in

ITB13-26        support of Rural and Urban federal-aid highways under the jurisdiction of Local Public Agencies (LPAs) through Board established programs; and

 

WHEREAS, the LPAs continue to have jurisdiction over federal-aid highways in need of improvement; and

 

WHEREAS, the Moving Ahead for Progress in the 21st Century Act (MAP-21) was signed into law on July 6, 2012; and

 

WHEREAS, MAP-21 identifies and sets several mandatory apportionments, such as Surface Transportation Program-Transportation Management Areas ($8.3 million in FY14) and Off-System Bridge ($3.7 million in FY14); and

 

WHEREAS, the Board has directed sub-allocation of funding for a Local Highway Safety Improvement Program ($3.7 million in FY14); and allocations for High Priority Projects specified under the Safe, Affordable, Flexible, Efficient Transportation Equity Act - A Legacy for Users can only be used on these projects and are not available for distribution to other state or local jurisdictions; and

 

WHEREAS, performance programs previously funded, such as the Local Bridge Program, are no longer separately funded under MAP-21; and

 

WHEREAS, the Board has carefully reviewed the merits of each of the alternative calculation methods contained in the proposals for continued sub-allocation of federal-aid highway funding to LPAs responsible for improvements to eligible highways.

 

NOW THEREFORE BE IT RESOLVED, that the Board adopts Alternative A, as shown as Exhibit 426, which is made a part hereof with like effect, to replace Option D under Board Policy B-11-04 effective on and after October 1, 2014 as the method used to allocate the annual funding level for the Rural and Urban Federal-aid Programs.

 

Chairman Whitehead thanked TIM Krause for his efforts on this important issue.

 

Proceed with Public Involvement for the Draft FY14-18 ITIP. TIM Krause requested approval to proceed with public involvement for the draft FY14-18 ITIP. The public review and comment period is proposed for July 1 through July 31.

 

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

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

ITB13-27        to publish and accomplish a current, realistic, and fiscally constrained five-year Idaho Transportation Investment Program (ITIP); 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 program update cycle requires cooperation with partner agencies in its calendar of activities; and

 

WHEREAS, the Board reviewed the draft FY14-18 ITIP at the Program Workshop on June 18, 2013; and

 

WHEREAS, the next activity in the program update cycle is public review and comment per 23 CFR 450.210; and

 

WHEREAS, project selection and program approval is scheduled for the Board’s September meeting after incorporating public comment.

 

NOW THEREFORE BE IT RESOLVED, that the Board will commence public involvement in July with project and program information incorporated from the publication entitled Draft FY14-18 ITIP, June Board Meeting.

 

Monthly Financial Statements. TIM Krause said net obligations were $72,400,000 during May, resulting in total net cumulative obligations of $271,300,000. Of the net obligations, $257,200,000 were for current year projects. The remaining obligations are for adjustments for prior year projects plus advances of future year projects to FY13. The original budget amount for obligated FY13 projects was $249,500,000. Net cumulative obligations are above the historical trend of $231,600,000 for May.

 

Controller Gordon Wilmoth said FHWA Indirect Cost Allocation revenue through April was $19,527,500, which was above the projected amount of $18,842,800. Miscellaneous state funded revenue of $28,467,000 was $1,090,000 above the forecast. Revenue from the Equipment Buy Back Program was $7,280,330, which was the projected revenue. Highway Distribution Account revenue, excluding ethanol exemption elimination, was $152,892,000. The projected revenue was $151,012,000. Revenue from the ethanol exemption elimination was $12,907,000, which was .7% below the projected amount. Revenue to the State Aeronautics Fund from aviation fuels was $1,588,000, resulting in a 17% positive variance. Miscellaneous revenue to this account was $282,000, which was a .7% negative variance.

 

Total expenditures in the American Recovery and Reinvestment Act Title XII Fund for highway projects were $176,556,000, while $178,800,000 had been appropriated. Expenditures for public transportation were $8,972,000 of the $9,200,000 available.

 

Controller Wilmoth provided additional information on the cash flow situation. The May balance is close to $145 million; however, the Department’s cash balance is typically the highest in May. The cash-flow projections indicate a declining balance in future fiscal years.

 

Executive Session on Personnel and Legal Issues. Member Vassar made a motion to meet in executive session at 12 noon to discuss personnel and legal issues as authorized in Idaho Code Section 67-2345(b) and (f). Member Kempton seconded the motion and it passed 6-0 by individual roll call vote.

 

A discussion was held on legal and personnel matters.

 

The Board came out of executive session at 2:05 PM.

 

2012 Discretionary Project Progress Report. GARVEE Program Manager (GPM) Amy Schroeder summarized the 2012 discretionary projects. The projects were funded through a reduction in inflation from 5% to 2% and the amount set aside for GARVEE debt service payments, as that amount was reduced to more accurately reflect the actual and anticipated interest rates. 

 

The three new I-84 interchanges in the Treasure Valley at Gowen Road, Meridian Road, and Broadway Avenue are on target for delivery of Plans, Specifications, and Estimates (PS&E) in October. The US-95, Sandpoint to Kootenai Cutoff project is on schedule and should be completed by October. The US-95, Sandpoint North and South; the US-2, Dover Bridge; and the SH-21, Warm Springs Creek Bridge projects have been completed. The draft Final Environmental Impact Statement for the US-95, Thorn Creek Road to Moscow project will be reviewed this fall and then submitted to FHWA. The I-84, Meridian Interchange to Five Mile Road project should be ready for PS&E in August.  The contract has been awarded for the I-84, Junction US-93, Stage 2 project. The US-2, Lake Street to Cedar Street project has been removed from the Program.  Preliminary design review is underway for the US-20, Thornton Interchange project, and the SH-39, Thomas Road Turn Lane is on target for September PS&E delivery.

 

Chairman Whitehead thanked GPM Schroeder for the presentation and commended staff’s efforts on the progress of those projects.

 

Community Choices for Idaho Policy. Senior Transportation Planner (STP) Ted Vanegas presented a proposed Board policy for the Community Choices for Idaho Program.

 

Member DeLorenzo made a motion, seconded by Member Vassar, and passed unanimously, to approve the following resolution:

RES. NO.        WHEREAS, the Idaho Transportation Board supports an efficient mechanism to

ITB13-28        manage funding programs administered and managed through the Idaho Transportation Department’s Division of Transportation Performance; and

 

WHEREAS, the Board approved a resolution creating the Community Choices for Idaho management tool to assist local communities in applying for funds and to establish a competitive project selection process resulting in projects submitted to the Board for approval; and

 

WHEREAS, it is the Board’s desire to provide a transparent and structured policy for local communities that apply for funds through the Department.

 

NOW THEREFORE BE IT RESOLVED, that the Board approves Board Policy 4023, Community Choices for Idaho.

 

Chairman Whitehead thanked STP Vanegas for his work on the policy.

 

Changes to Administrative Rules 39.03.15, 39.03.22, and 39.03.23. Vehicle Size and Weight Specialist (VS&WS) Reggie Phipps summarized proposed revisions to administrative rules to comply with recent legislation related to 129,000 pound vehicles. Member Kempton added that the Board Subcommittee on 129,000 Pound Truck Routes reviewed and supports the proposed changes.

 

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

RES.NO.         WHEREAS, the Idaho Transportation Board has authority to approve requested

ITB13-29        changes to Idaho Transportation Department rules; and

 

WHEREAS, the Board finds the changes to I.D.A.P.A 39-03-15 necessary due to legislative changes and for continuity of motor carrier operations within Idaho.

 

NOW THEREFORE BE IT RESOLVED, that the Board approves the following administrative rules to be submitted for change:

           

Modify Administrative Rule 39-03-15 – Rules Governing Excess Weight Permits for Reducible Loads.

 

Add travel requirements for excess weight permits on non-interstate highways.  This will harmonize the requirements for both interstate and non-interstate routes.

Clarify that excess weight permit requirements apply to reducible loads.

Clarify the allowable weight limits on each highway.

Clarify the permit types required for travel on each highway; and

 

BE IT FURTHER RESOLVED, that the Board approves the request to submit the changes as listed above for Administrative Rule 39-03-15 and directs staff to promulgate a temporary rule effective July 1, 2013 and concurrently proceed with the regular rule making process. 

 

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

RES. NO.        WHEREAS, the Idaho Transportation Board has authority to approve requested

ITB13-30        changes to Idaho Transportation Department rules; and

 

WHEREAS, the Board finds the changes to I.D.A.P.A 39-03-22 necessary due to legislative changes and for continuity of motor carrier operations within Idaho.

 

NOW THEREFORE BE IT RESOLVED, that the Board approves the following administrative rules to be submitted for change:

           

Modify Administrative Rule 39-03-22 – Rules Governing Overlegal Permits for Extra Length, Excess Weight and Up to 129,000 Pound Vehicle Combinations.

 

Clarify the vehicle combinations that are governed under this rule.

Clarify that non-interstate routes only will allow weights above 105,500 pounds up to 129,000 pounds.

Specify the operating requirements on designated routes authorized up to 129,000 pounds.

Modify the order of the information in the rule for better flow and understanding of requirements; and

 

BE IT FURTHER RESOLVED, that the Board approves the request to submit the changes as listed above for Administrative Rule 39-03-22 and directs staff to promulgate a temporary rule effective July 1, 2013 and concurrently proceed with the regular rule making process. 

 

VS&WS Phipps noted that the comment period will be extended from 21 days to 35 days for revisions to Administrative Rule 39-03-22-13-02.

 

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

RES. NO.        WHEREAS, the Idaho Transportation Board has authority to approve requested

ITB13-31        changes to Idaho Transportation Department rules; and

 

WHEREAS, the Board finds the changes to I.D.A.P.A 39-03-22-13-02 necessary due to legislative changes and for continuity of motor carrier operations within Idaho.

 

NOW THEREFORE BE IT RESOLVED, that the Board approves the following administrative rules to be submitted for change:

           

Modify Administrative Rule 39-03-22-13-02 – Rules Governing Overlegal Permits for Extra Length, Excess Weight and Up to 129,000 Pound Vehicle Combinations.

 

Add process for adding additional route to operate at 129,000 pounds.

Add process for request review/analysis and determination; and

 

BE IT FURTHER RESOLVED, that the Board approves the request to submit the changes as listed above for Administrative Rule 39-03-22-13-02  and directs staff to promulgate and proceed with the regular rule making process for Rule 39-03-22-13-02 effective April 1, 2014. 

 

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

RES. NO.        WHEREAS, the Idaho Transportation Board has authority to approve requested

ITB13-32        changes to Idaho Transportation Department rules; and

 

WHEREAS, the Board finds the changes to I.D.A.P.A 39-03-23 necessary due to legislative changes and for continuity of motor carrier operations within Idaho.

 

NOW THEREFORE BE IT RESOLVED, that the Board approves the following administrative rules to be submitted for change:

           

Modify Administrative Rule 39-03-23 - Rules Governing Revocation of Overlegal Permits.

 

Specify permit violations that will result in the revocation of an overlegal permit and the revocation process.

Other non-substantive changes; and

 

BE IT FURTHER RESOLVED, that the Board approves the request to submit the changes as listed above for Administrative Rule 39-03-23 and directs staff to promulgate a temporary rule effective July 1, 2013 and concurrently proceed with the regular rule making process. 

 

Chairman Whitehead thanked VS&WS Phipps for summarizing the changes and the Board Subcommittee on 129,000 Pound Truck Routes for its efforts on the rule revisions.

 

IDAPA 39.02.71, Rules Governing Driver’s License Violation Point System.  Drivers Services Manager (DSM) Ed Pemble said efforts are underway to revise IDAPA 39.02.71, Rules Governing Driver's License Violation Point System due to recent legislation. House Bill 274, effective January 1, 2014,  provides a new avenue for points to be removed from a driving record based on a driver's successful completion of a traffic safety education program, as long as the driver was qualified and has met all of the requirements for point reduction. Other changes proposed by staff include minor clean up and correcting inconsistencies. Additionally, Idaho State Police identified some changes it would like to incorporate. Staff will coordinate the proposed revisions and present them to the Board for approval next month.

 

Chairman Whitehead thanked DSM Pemble for the information.

 

Briefing on Public Involvement Process in Guidebook to Public Involvement. Public Involvement Coordinator (PIC) Adam Rush outlined the public involvement process, including public hearings. He also outlined some options to address the requirement for public hearings when new 129,000 pound routes are considered.

 

Policy Introduction. PIC Rush presented Board Policy 4024, Public Hearings. The policy combines former policies B-20-03, Public Hearings and B-13-02, Public Involvement for Location and Design Determinations.

 

DAG Allen introduced Board Policy 4025, Appealing Department Actions and Orders. The policy (formerly B-07-02) was revised to clarify the public’s right to appeal an action or order of the Department.

 

CE Cole recommended removing some language in Board Policy 4026, Environmental Stewardship (formerly B-13-03) that is more appropriate to include in a manual. Other than adding a purpose statement and legal authority, no changes are proposed for Board Policy 4027, Landscaping (formerly B-14-07).

 

Corresponding Administrative Policies were also introduced, if applicable.

 

Policy Approval. Member Vassar made a motion to approve Board Policy 4016, Traffic Regulation, which combines former policies B-12-03, Traffic Minute Entries and B-12-16, Traffic Control Devices; and to delete B-12-06, Transportation Impact Studies due to earlier revisions made to the access policy and B-12-07, State Highway Speed Limits within City Jurisdictions due to legislation in 2012. Vice Chairman Coleman seconded the motion and it passed unanimously.

 

Member Vassar made a motion to approve revisions to Board Policy 4018, Personnel Actions (formerly B-18-02); 4020, Employee Education and Training (formerly B-18-06); 4021, Ethics, Conflict of Interest, and Personal Conduct (formerly B-18-03); and 4022, Workplace Investigations. Vice Chairman Coleman seconded the motion and it passed unanimously.

 

The Board also reviewed proposed changes to Administrative Policy 5505, Operating State-owned Vehicles (formerly A-06-05) and concurred with the revisions.

 

Board Subcommittee on Audits. Member Kempton presented a revised charter for the Subcommittee on Audits and a new proposed Board Policy, 4017, Office of Internal Review. Minor changes have been proposed for the corresponding administrative policy.

 

Member DeLorenzo made a motion to approve the revised Idaho Transportation Board Subcommittee on Audits Charter, as shown as Exhibit 427, which is made a part hereof with like effect.  Vice Chairman Coleman seconded the motion and it passed unanimously.

 

Member Horsch made a motion to approve Board Policy 4017, Office of Internal Review. Member Vassar seconded the motion and it passed unopposed.

 

Old Business. Vice Chairman Coleman revisited staff’s authority to approve professional service agreements exceeding $1 million. Highway Program Oversight Engineer Loren Thomas summarized Board Policy 4001, whereby staff is authorized to approve routine engineering agreements that do not exceed, nor are expected to exceed, the total amount identified in the ITIP for professional services. Chief Operations Officer Jim Carpenter added that information can be included in future agenda items to identify STIP projects and clarify staff’s authority to approve various professional agreements.

 

 

            WHEREUPON, the Idaho Transportation Board’s regular monthly meeting officially adjourned at 3:30 PM; however, on June 20, Vice Chairman Coleman, and Members DeLorenzo, Gagner, and Vassar participated in a tour of the Zions Bank building under construction in downtown Boise and attended the Association of Idaho Cities’ conference for the discussion on transportation revenue.

 

   _____________signed______________

JERRY WHITEHEAD, Chairman

Idaho Transportation Board

Read and Approved

July 10, 2013

Rigby, Idaho

Page Last Modified: 7/12/2013 3:56:18 PM

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