REGULAR MEETING OF THE

IDAHO TRANSPORTATION BOARD

 

February 18, 2009

 

The Idaho Transportation Board met at 8:30 AM, on Wednesday, February 18, 2009, in Boise, Idaho. The following principals were present:

            Darrell V Manning, Chairman

            Monte C. McClure, Vice Chairman – District 3

Bruce Sweeney, Member – District 2

Gary Blick, Member – District 4

            Neil Miller, Member – District 5

            Lee Gagner, Member – District 6

            Pamela Lowe, Director

            Scott Stokes, Deputy Director

            Karl Vogt, Deputy Attorney General

            Sue S. Higgins, Secretary

 

Jim Coleman, Member – District 1, participated via video conference.

 

Election of Vice Chairman. Member Miller nominated Bruce Sweeney to serve as vice chairman of the Board. Member Gagner seconded the motion and it passed unanimously.

 

The Board reviewed the subcommittee assignments. Member Coleman is serving on the Subcommittee on Audits. Vice Chairman Sweeney and Member Miller will continue serving on the Subcommittee on the Enhancement Program. Member Gagner will join Member Blick on the Subcommittee on Adjustments to the State Highway System, replacing Member McClure.

 

Board Minutes. Member Gagner made a motion to approve the minutes of the regular Board meeting held on January 22, 2009 as submitted. Member Miller seconded the motion and it passed unanimously.

 

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

            March 18-19, 2009 – Boise

            April 15-16, 2009 – District 2

 

Consent Calendar. Member Gagner made a motion, seconded by Vice Chairman Sweeney, to approve the following resolution:

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

ITB09-05        approves the revisions to Board Policy B-01-02, Budget Preparation; and the addition of Federal Transit Administration metropolitan planning funds to the FY09 Program; and has received and reviewed the program and district obligation graphs and tables, monthly status reports; contract award information; and professional services agreements.

 

1) Revisions to Board Policy B-01-02, Budget Preparation. This policy was last signed in 1999. The content is still relevant and current; only the signature line was updated.

 

2) Add Federal Transit Administration (FTA) Metropolitan Planning Funds to the FY09 Program. Federal metropolitan planning funds, apportioned within both the Transit and Highways sections of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, are allocated proportionately based upon urban populations in the 2000 Census. The transit funds were inadvertently omitted from the Statewide Transportation Improvement Program (STIP) during the FY09 Program Update. Staff requested approval to amend the STIP to add the FTA Section 5303 funds, estimated at $374,000 annually.

 

3) Program and District Obligation Graphs and Tables, Monthly Status Reports. As of January 31, $67.9 million had been obligated for highway projects in the STIP, or 20%. The total obligated for construction projects was $60 million, excluding GARVEE projects. Obligation information by program and district and project status reports for 2009 projects were presented.

 

4) Contract Awards. Key #9503 – FY09 Ada County Highway District Overlays, District 3. Low bidder: Nampa Paving & Asphalt Company - $498,606.

 

Key #11540 – I-84, Mountain Home Overpass Interchange #90, District 3. Low bidder: RSCI - $53,738.

 

Keys #9342 and #9343 – SH-44, Chinden Boulevard to State Street, and Junction SH-55 to Glenwood, Garden City, District 3. Low bidder: Central Paving Company, Inc. - $4,407,119.

 

Key #9436 – SH-21, King Road to Boise Basin Park, Idaho City, District 3. Low bidder: Granite Excavation, Inc. - $95,109.

 

5) Professional Services Agreements and Term Agreement Work Task Report. From January 1 through January 30, $1,538,500 in new professional services agreements and work tasks were issued. The 12 agreements were issued for local projects and because resources were not available in house and special expertise was required. Ten supplemental agreements to existing agreements were processed in the amount of $506,810 during this period.

 

Board Items. The majority of Chairman Manning’s recent activities have been related to the legislative session, including participation in the Department’s budget presentation to the Joint Finance and Appropriations Committee.

 

Director’s Report. The federal economic stimulus proposal has been approved, according to Director Lowe. Preliminary reviews indicate Idaho will receive approximately $182 million for highways and bridges plus additional money for transit projects. Staff is still reviewing the details of the legislation.

 

Deputy Director Stokes reported on a recent trip to Washington, DC to meet with the U.S. Department of Transportation Secretary. He believes it was a beneficial meeting, with Secretary LaHood devoting time to listen to state representatives discuss their issues and concerns.

 

Director Lowe summarized recent directives from the Governor’s Office regarding cost cutting measures. All state agencies are to institute a hiring freeze and eliminate overtime, although exceptions may be granted. Director Lowe is pursuing exceptions to the overtime measure to ensure maintenance activities such as snowplowing can continue without interruption. Additionally, travel is to be limited and purchases are to be closely scrutinized to ensure they are absolutely necessary.

 

Legislative Update. Governmental Affairs Program Manager (GAPM) Mollie McCarty provided a status of ITD’s legislative proposals and other transportation-related legislation. Efforts are continuing on the proposals to increase various fees to upgrade the Division of Motor Vehicles’ computer systems. The Transportation Access Plan did not receive a hearing. Staff will continue working on that proposal to address various concerns. The Governor’s Office has introduced six revenue-enhancing bills. Additional revenue bills have since been proposed.

 

Member Gagner questioned alternatives to fund the management systems identified in the Office of Performance Evaluation (OPE) audit in case the legislature does not approve increasing fees to purchase those systems. GAPM McCarty acknowledged that funding those systems is a concern. Member Gagner supported drafting legislation as an alternate funding mechanism.

 

December Financial Statement Analysis. Controller Gordon Wilmoth said the federal aid for December was $23.2 million behind projections. Revenue to the Highway Distribution Account was $3.8 million below the forecast. To date, $15.4 million in indirect cost recovery has been collected. He reported that FY09 expenditures for personnel were almost $4 million less than budgeted. The non-construction operating expenditures were over expended by $10,000. In contract construction, the federal and state programs were behind projections by $19.1 million and $3.9 million, respectively.

 

Controller Wilmoth said state revenue to the Aeronautics Fund was 8.8% below the forecast through December. Expenditures for personnel and operating were 15% below budget and Trustee and Benefit payouts 74% below budget.

 

In the GARVEE Capital Projects Fund, $189 million of the $213 million, including interest earnings, from Bond Series 2006 and $38.2 million of the $179 million from Bond Series 2008 A have been expended. During December, $6.9 million was transferred to the GARVEE Debt Service Fund for the federal and state share of the interest and fees January debt service payments for both bond series.

 

Chairman Manning thanked Controller Wilmoth for the financial overview.

 

Wellness Program Annual Report. Wellness Coordinator Pauline Davis said the Wellness Program continues to provide a variety of preventive health care benefits to address employee needs. The statewide volunteer Wellness Coordinators promote preventive care and make health resources available, like monitoring equipment for blood pressure and weight and on-site health clinics with blood testing and cancer screening services. Some of the other activities conducted last year included an exercise challenge, with a record number of employees participating; organized run/walk races; a screening clinic and on-site health fair with testing for vision, hearing, blood pressure, Glaucoma and Diabetes; an on-site mammography clinic and bone density testing; and flu shots.

 

Chairman Manning thanked Ms. Davis for the report.

 

Teton Scenic Byway Corridor Management Plan (CMP). Scenic Byways Program Manager Garry Young provided an overview on the Scenic Byway Program and stressed its importance to local communities, which provide the required match for the federally-funded program. Scenic Byways Advisory Committee Chairman (SBAC) Reid Rogers elaborated on the important program, which promotes local involvement and provides potential for economic development. He presented the proposed Teton Scenic Byway CMP and stressed the importance of the SH-33 corridor in eastern Idaho.

 

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

RES. NO.        WHEREAS, the Idaho Transportation Board established the Scenic Byways Advisory Committee

ITB09-06        (SBAC) on June 21, 1996, to provide advice and recommendations concerning the Scenic Byway Program to the Board; and

 

WHEREAS, corridor management plans (CMPs) are 1) important for the protection and orderly development of scenic byways, 2) required for National Scenic Byway and All American Road designation, and 3) key to gaining priority for National Scenic Byway funding; and

 

WHEREAS, the Teton Scenic Byway Committee has completed a CMP for the Teton Scenic Byway, which traverses SH-31, SH-32, and SH-33; and

 

WHEREAS, District Six personnel participated in the development of the Teton Scenic Byway CMP; and

 

WHEREAS, all CMPs are to be submitted to the SBAC for review and consideration before Board action; and

 

                        WHEREAS, the SBAC recommends Board approval of this CMP.

 

NOW THEREFORE BE IT RESOLVED, that the Board approves the Teton Scenic Byway Corridor Management Plan.

 

Peaks to Craters Scenic Byway Proposal. The Lost Rivers Tourism Council is proposing a 140-mile scenic byway in central Idaho. SBAC Chair Rogers said the SBAC has approved this proposal, which would begin at the Timmerman Junction and travel easterly along US-20 to Carey, then northeasterly passed the Craters of the Moon National Monument to Arco along US-93, and then continue northwesterly to the junction of SH-75 south of Challis. The byway would be known as the Peaks to Craters Scenic Byway. Karen Ballard with the Department of Commerce Tourism Administration believes scenic byways are an excellent tool to assist communities with economic opportunities. SBAC Member Tammy Stringham, Tourism Manager, Lost Rivers Tourism Council, emphasized the beauty of the Peaks to Craters area.

 

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

RES. NO.        WHEREAS, the Idaho Transportation Board established the Scenic Byways Advisory

ITB09-07        Committee (SBAC) on June 21, 1996; and

 

WHEREAS, among its purposes the SBAC is to provide advice and recommendations concerning the Scenic Byway Program to the Board; and

 

WHEREAS, all local requests for Scenic Byway designation are to be submitted to the SBAC for review and consideration; and

 

WHEREAS, the Lost Rivers Tourism Council submitted a request to designate a 140-mile scenic byway in central Idaho beginning at the Timmerman Junction and traversing a route easterly to Carey on US-20, then on US-93 to Arco and then northwesterly to a junction with SH-75 south of Challis; and

 

                        WHEREAS, Districts Four and Six are in full support of this designation; and

 

WHEREAS, the SBAC has found the request for this designation to comply with its established criteria and recommends Board approval.

 

NOW THEREFORE BE IT RESOLVED, that the Board approves the Peaks to Craters Scenic Byway along the aforementioned route description; and

 

BE IT FURTHER RESOLVED, that the Peaks to Craters Scenic Byway shall be so designated on the Idaho Official State Highway Map and signed as such.

 

Climate Change and Transportation: Potential Impacts to ITD. Intermodal Planning Manager (IPM) Pat Raino said recent reports indicate that the global climate is becoming warmer, mainly due to increased carbon dioxide in the atmosphere. The increase is due in part to human activity with transportation and heating/cooling as the major contributors. The American Association of State Highway and Transportation Officials and the Federal Highway Administration indicate that the next highway act should address climate change. Efforts would include managing congestion and reducing vehicle miles traveled. Goals of a climate change policy are to stabilize global average temperatures and prepare for impacts of climate change.

 

Because transportation is a major contributor, IPM Raino said transportation agencies will have a role in reducing the carbon dioxide emissions. She reported on Governor Otter’s identified actions to reduce emissions: state agencies are required to develop data-driven Green House Gas Action Plans and update them annually; an EcoDriving Campaign has been initiated; sustainability and efficiency initiatives have been identified; and modified work weeks and telecommuting are being encouraged. ITD developed a Green House Gas Action Plan, focusing on its vehicular fleet, buildings, and employee work schedules. Other measures include participating in a study of the climate change impact to northwestern states and developing transportation development and local agency agreements to coordinate land use and control access and to minimize vehicle miles of travel.

 

Robert Koeberlein, Mobility Services Engineer, said signal timing can help reduce carbon dioxide emissions. Benefits of signal timing are improved traffic movement, improved safety, reduced fuel consumption, reduced emissions, and improved air quality. It also provides an opportunity to respond to changes in traffic volumes. ITD is actively working on improved signal timing on SH-55/Eagle Road in the Treasure Valley and US-95 in the Coeur d’Alene area.

 

Chairman Manning thanked staff for the informative report.

 

Aeronautics’ Division Action Items from Strategic Plan. Aeronautics Administrator (AA) John DeThomas summarized the Division’s identified actions in support of the Department’s Strategic Plan. Performance measures will include maintaining a passenger flight dispatch rate of 95% or better and an airport pavement condition index of 81 or more. To improve customer service, the Division will improve the Idaho Aeronautical Chart format and publish it every other year and make improvements to the pilot and aircraft registration systems. It will continue partnership efforts with the Idaho Airstrip Network project and volunteer maintenance for the state’s airstrips. Additionally, it will work with its partners on airport compatible land use zoning issues. In efforts to invest in employees, AA DeThomas said cross-training will be implemented.

 

Bridge Hits – Issues and Options. Motor Vehicle Administrator (MVA) Alan Frew summarized the insurance requirements for commercial vehicles. The minimum amount for for-hire carriers not transporting hazardous material is $750,000. ITD can require carriers to carry whatever amount of liability insurance is deemed appropriate. A customer is not required to show proof of insurance when obtaining an over-legal permit, but the customer is required to carry and show proof of insurance to enforcement officials when directed to do so. MVA Frew believes most carriers have adequate insurance coverage.

 

In response to Member Gagner’s question, DAG Vogt replied that in the recent past, only one motorist that damaged ITD property did not have sufficient coverage. He believes the laws are adequate to address this issue.

 

Some discussion followed on increasing the insurance requirements or requiring affidavits that motorists have insurance. Concern was also expressed that it can be difficult to obtain insurance and the Department should not create hardships for trucking companies.

 

Chief Engineer (CE) Tom Cole explained the Department’s process to bill motorists that damage ITD property and efforts to recover those costs. Although ITD usually receives reimbursement, it has to cover the initial costs of the repairs as they generally need to be done immediately. This can create a cash flow problem. CE Cole outlined some options to help prevent oversized loads from hitting structures, such as detection systems. Member Blick believes it would be beneficial to install overheight detectors at Ports of Entry. Member Gagner suggested conducting a cost-benefit analysis on overheight detection sensors.

 

Dave Amick, Manager, Transportation Investments, said the Board Unallocated Fund has been utilized recently to fund repairs caused by motorists hitting overpasses. Other options are to establish a revolving fund from within the Board Unallocated Program and address this damage internally within the Department’s budget. Usually the damage needs to be repaired immediately, making it a higher priority than other projects. Staff could determine which project to delay until the Department is reimbursed from the motorist.

 

The general consensus of the Board was to fund roadway damage within existing construction program priorities. (See later minute entry.)

 

US-95 Access Plan and Mobility Study. District 1 Engineer (DE) Damon Allen provided an overview on the Kootenai Metropolitan Planning Organization’s (KMPO) US-95 Access Plan and Mobility Study. It was initiated at the Board’s request in 2006 to increase mobility on US-95 from I-90 to Wyoming Avenue in Coeur d’Alene. Although the intent was to maximize the efficiency of this major north-south corridor, DE Allen said that safety was the highest priority.

 

KMPO Transportation Planning Engineer Carole Richardson elaborated on the study’s methodology, public outreach efforts, and recommendations. A system approach was utilized, as efficient operation of supporting local arterials and collectors is an important component. The study recommends four new signals at half-mile intervals; turn restrictions at eight intersections; new turn lanes; and the removal of the traffic signals at Bosanko and Canfield. Each project would cost between $40,000 and $500,000 with a total cost of approximately $6.8 million. She noted that some projects could be done independently, while others should be grouped together. No funding has been identified for any of the projects.

 

Ms. Richardson summarized the benefits to the corridor: improved safety, reduced delays, no significant increase in travel time for motorists on US-95, decreased delays on the local system, and improved air quality. She acknowledged that there may be negative tradeoffs, as some access to US-95 would be reduced and right-of-way will be required for some of the turn lanes.

 

Member Gagner asked if the estimated cost includes right-of-way and environmental issues. Ms. Richardson responded that the proposed costs are for construction only.

 

Member Coleman acknowledged that due to ITD’s dire financial situation, there are no plans to implement the recommendations at this time. He understands that there are some businesses with concerns, particularly with access, and that there may be opportunities to revise the study and address those concerns. He recognizes the importance of the businesses along the corridor and believes they may be able to help identify acceptable solutions. He also suggested that there may be technological solutions that have not been considered yet. Due to another commitment, he would have to leave the meeting soon.

 

Vice Chairman Sweeney asked about local north/south corridors that may alleviate traffic on US-95. DE Allen said that the locals have been improving other routes in the area. Those improvements will complement the US-95 plans. He believes these recommendations are the best way to optimize the corridor.

 

In response to Chairman Manning’s question on the signal at Bosanko, DE Allen said that Fred Meyer was required to help pay for that signal about 12 years ago.

 

Member Coleman left the meeting at this time.

 

Two representatives from Fred Meyer, Pat Dobie and Don Forrest, testified that Fred Meyer did not participate in the study because they do not believe sufficient notification was given. As a result, impacts to the business were not considered. They are concerned with the proposal to remove the traffic signal at Bosanko, as they believe it will increase the severity of accidents at that location and will negatively impact businesses. The gentlemen encouraged the Board to consider the safety and economic issues of eliminating two traffic signals.

In response to Board inquires about the public outreach efforts, steering committee members elaborated on the three community meetings, two mailings to all of the addresses in the study area (approximately 3,000), information posted on the KMPO website, media events, interviews with business owners, communication with the Chamber of Commerce, and presentations to civic groups. It was also noted that by removing the traffic signal at Bosanko and installing turn restrictions, only 77 vehicles will be impacted. It is not a busy intersection.

 

Sheldon Jackson with Selkirk Real Estate also expressed concerns with the proposal to remove the traffic signal at Bosanko. He believes it will have negative financial implications to businesses, and that those impacts were not fully considered. He testified that he was not aware of the study until approximately two months ago and asked the Board to consider alternatives.

 

Member Miller noted that the Board is being asked to support the study’s findings. Due to ITD’s financial constraints, it will be difficult to fund these projects in the near future. He believes that if the Board supports the findings, there would be ample time to refine the study and address the businesses’ concerns. Member Miller also stressed that the through traffic has to be considered. US-95 is a major route. The needs of motorists traveling through the area, including truckers, have to be a priority.

 

Vice Chairman Sweeney made a motion to accept the KMPO study and direct staff to continue to work with KMPO and other interested parties to attempt to mitigate some of the problems identified. He emphasized that this motion does not preclude efforts to look at alternatives and refine the study. Member Gagner seconded the motion and it passed unopposed.

 

Chairman Manning thanked the parties for presenting the study and their testimony.

Executive Session on Personnel and Legal Issues, Section 67-2345(b), (c), Idaho Code. Member McClure made a motion to meet in executive session at 12:40 PM to discuss personnel and legal issues. Member Blick seconded the motion and it passed unanimously by individual roll call vote.

 

A discussion was held on matters related to right-of-way acquisition for the US-30, Topaz to Lava Hot Springs corridor and the evaluation of public officers.

   

The Board came out of executive session at 1:45 PM. No decisions were made.

 

Presentation on Materials Project Development/Pavement Design Efficiency Team. Jeff Miles, State Materials Engineer, said a Materials Pavement Design/Project Development Team was created in 2008 to examine the Pavement Design and Project Development processes to encourage each solution to be “engineered” through simple economical solutions. He elaborated on the various solutions the team identified to either enhance procedures with practical design alternatives, simplify specifications, or charge other ongoing teams to correct deficiencies and assign research to difficult design tasks to ensure the most economical and practical “engineering” methods are available to the Districts.

 

Chairman Manning thanked Mr. Miles for the interesting report. Member Miller added his appreciation for the improvements being implemented.

 

Kim and Marcie Andrus Administrative Settlement. District 5 Engineer Ed Bala requested approval of an administrative settlement in the amount of $323,040. The parcel, owned by Kim and Marcie Andrus, is needed for corridor improvements on US-30 from Topaz to Lava Hot Springs, key #7749.

 

Member McClure made a motion, seconded by Member Miller, to approve the following resolution:

RES. NO.        WHEREAS, staff of the Idaho Transportation Department has been in negotiations with

ITB09-08        certain property owners for the acquisition of certain parcels of real property in connection with the US-30, McCammon to Lava Hot Springs project, Segment 3, in Bannock County; and

 

WHEREAS, as part of the negotiations with certain property owners, the staff of the Department has received an offer to settle the acquisition of parcel #107, a 19.05 acre parcel of property located in the City of Lava Hot Springs; and

 

WHEREAS, the offer received by the Department staff as compensation for the acquisition of parcel #107 is $600,000 plus two remainder dwellings, which results in an administrative settlement of $323,040.

 

NOW THEREFORE BE IT RESOLVED, that the Idaho Transportation Board hereby approves the above administrative settlement for the acquisition of the real property for parcel #107 and directs Department staff to arrange for payment of same.

 

Member Gagner voiced concern that approving a large administrative settlement may be precedent setting.

 

The motion passed 4-1 with Member Gagner dissenting.

 

Annual Report on Audits. Internal Review Manager (IRM) Carri Rosti and staff members presented the annual report on audits, including internal and external audits performed in 2008, work planned for 2009, and the status of audit resolution of audits and reviews on ITD operations. Some of the activities conducted last year included a follow-up to an Information Technology security review to determine the status of the security plan; a performance audit of the Aeronautics Division; and a review of the Connecting Idaho Partners’ accounting.

 

IRM Rosti said the key focus areas for 2009 will be to provide assurance that ITD is meeting its financial management responsibilities in a cost effective manner, improve Internal Review’s efficiency and effectiveness by using audit documentation software and performing more frequent audit follow-up reviews, and enhance consultant audit and oversight responsibilities. Some of the audits and reviews will be on the advantage financial system, Roadway Design functions, Division of Motor Vehicles’ internal controls, and a public transportation sub-grantee.

 

Chairman Manning thanked MOIR Rosti for the report.

 

Old Business. Member McClure made a motion, seconded by Member Miller, and passed unopposed, to approve the following resolution:

RES. NO.        WHEREAS, the Idaho Transportation Board has reviewed insurance requirements and casualty

ITB09-09        damage processes for reimbursing the state for repairing collision damage to the Idaho Transportation Department’s highways and bridges; and

 

WHEREAS, the Board Unallocated Account, which has advance funded numerous casualty related collision repairs over the last three years, is needed to fund critical unanticipated funding needs for which no funding is available; and

 

WHEREAS, the cost of most collision damage has historically been reimbursed through insurance carriers or other sources; and

 

WHEREAS, urgent response is often needed to restore safety and traffic capacity immediately following collision damage to highways and bridges; and

 

WHEREAS, the Board believes the repair of collision damaged infrastructure to restore safety and traffic capacity is a top Department priority equal to or greater than operating and preserving the state highway system; and

 

WHEREAS, such repairs are made using either operating or state construction funding; and

 

WHEREAS, operating and state construction funded sources can often be temporarily reprioritized to fund the repair of collision damage in advance of insurance reimbursement without delaying the physical construction of existing projects.

 

NOW THEREFORE BE IT RESOLVED, that the Chief Engineer is authorized to take prompt action to add collision repair projects eligible for state construction funding to the Capital Investment Program as needed; and

 

BE IT FURTHER RESOLVED, that the Chief Engineer, in coordination with the District Engineer, shall redirect all uncommitted funding or delay lower project priorities as needed to temporarily fund the timely repair of collision damage to insure the earliest possible restoration of safety and traffic capacity; and

 

BE IT FURTHER RESOLVED, that insurance reimbursements for collision damage to highways and bridges are to be restored to the Department’s operating or state construction budgets as appropriate so the Chief Engineer may compensate for any earlier budgetary changes made to temporarily fund collision damage.

 

            WHEREUPON, the Idaho Transportation Board’s regular monthly meeting officially adjourned at 2:30 PM.

 

Work Session on OPE Audit. Director Lowe summarized the Department’s response to the recently-completed OPE Audit and the work plan.  Staff summarized the estimated costs and time lines to implement the various management tools recommended in the audit.

 

 

             __________________signed_____________

DARRELL V MANNING, Chairman

Idaho Transportation Board

 

Read and Approved

March 18, 2009

Boise, Idaho