SPECIAL MEETING OF THE IDAHO TRANSPORTATION BOARD

 

March 3, 2009

 

Idaho Transportation Board Chairman Darrell V Manning called a special meeting of the Idaho Transportation Board at 12:50 PM on Tuesday, March 3, 2009. The following were present at the Idaho Transportation Department in Boise, Idaho:

            Darrell V Manning, Chairman

            Bruce Sweeney, Vice Chairman – District 2

            Jim Coleman, Member – District 1

            Monte C. McClure, Member – District 3

            Gary Blick, Member – District 4

            Neil Miller, Member – District 5

            Pamela Lowe, Director

            Scott Stokes, Deputy Director

            Karl Vogt, Deputy Attorney General

            Sue S. Higgins, Board Secretary

 

Executive Session on Legal Issues, Section 67-2345(c), Idaho Code. Member Coleman made a motion to meet in executive session at 12:50 PM to discuss legal issues. Member Blick seconded the motion and it passed unanimously.

 

Lee Gagner, Member – District 6 joined the meeting at this time via teleconference.

 

A discussion was held on matters related to right-of-way acquisition for the I-84, Franklin Interchange project in Caldwell.

 

The Board came out of executive session at 1:10 PM. No decisions were made.

 

Chairman Manning welcomed Representatives JoAn Wood and Leon Smith to the meeting.

 

Idaho Transportation Economic Stimulus Proposal. Dave Amick, Manager, Transportation Investments (MTI), said the American Recovery and Reinvestment Act (ARRA) of 2009 was enacted on February 17, 2009. He provided a summary of the law. It provides funding for aviation; however, the Federal Aviation Administration (FAA) will allocate the money. Some will be dedicated to purchase and install equipment owned and operated by the FAA. Other funds will be allocated based on the prioritized five-year capital improvement program plans from various NPIAS airports, along with discretionary projects that will be determined by the regional FAA airport manager. Two major types of rail grant programs are also included in ARRA. Amtrak is the only eligible recipient for one program and the other is for high-speed rail corridors. Idaho has no such federally-designated corridors.

 

MTI Amick summarized the criteria for the highways and transit portions, including the Governor’s acceptance and certifications, reporting requirements, and eligible projects. Additionally, if states cannot obligate funds in a timely manner, they will lose that money and it will be redistributed to other states.

 

Budget Manager Joel Drake said Governor Otter has established an Economic Stimulus Review Committee to review stimulus funding proposals. Chairman Manning is a member of this panel. All proposals are due to the Division of Financial Management by noon on March 4 for the Committee’s consideration. The Governor will review the Committee’s recommendations and then provide a proposal to the Legislature.

 

Idaho could receive $18 million in transit funds, according to Public Transportation Administrator (PTA) Randy Kyrias. Extensive guidelines have not been issued from the Federal Transit Administration yet; however, only capital and mobility management projects are eligible for funding, and 50% of the funds must be obligated in 180 days and the other 50% must be obligated in one year. The Rural 5311 Formula Program funds in the amount of $8.7 million would come directly to ITD. PTA Kyrias summarized the outreach efforts to identify the Rural projects, with distribution of these funds based on population. Not all of the projects have been identified at this time. The Urban 5307 Formula Program funds in the amount of $9.6 million would go directly to the Urban providers. He said Community Planning of Southwest Idaho has also submitted an application for Discretionary Program Funds in the amount of $8.2 million specifically for the purchase of alternative fuel vehicles. The Discretionary Program is competitive; therefore it is unknown how much funding may come through this program so the resolution that the Board will be asked to consider does not include this request.

 

Vice Chairman Sweeney asked if the transit projects are “shovel ready”. PTA Kyrias responded that ITD will work with locals and ensure the projects are ready. There is a backlog of transit needs throughout the state, so obligating the funds should not be a problem.

 

MTI Amick elaborated on the $181,934,631 Idaho will be eligible to receive for highway and bridge projects. It was noted that there were three written comments submitted. One individual supported funding projects throughout the state. Both the City of Meridian and the Community Planning Association of Southwest Idaho expressed support to fund improvements to SH-55, Eagle Road.

 

Requirements of the ARRA include a 3% suballocation for Enhancement projects, 30% distributed based on population, and 67% to the state to use at its discretion. The estimated costs of the eight projects that the Board directed staff to prepare for construction in anticipation of the economic stimulus funding in January have been reduced. The projects are now expected to cost: US-2, Dover Bridge - $36.8 million; US-20, Henry’s Lake Flat Passing Lanes - $3.5 million; SH-48, Rigby High School to Yellowstone Highway - $5.4 million; I-84, Vista Avenue Interchange - $43.3 million; I-86, Chubbuck Interchange to Pocatello Creek Interchange - $11.3 million; US-93, Twin Falls Alternate Route - $56 million; US-95, Moscow Mountain Passing Lane - $3.9 million; and US-95 Top of White Bird Grade to Chain-up Area - $5.2 million. The US-93, Twin Falls Alternate Route project has approximately $16 million available in High Priority funding, so the total estimate for the projects utilizing stimulus funding is $149.9 million.

 

Staff recommends funding the eight above projects and providing $28 million to local public agencies. Additionally, ITD would use the $5.4 million Enhancement money to fund the I-84, Ten Mile Interchange hardscaping. Staff is continuing to refine that project, so the costs may be reduced. If there are additional Enhancement funds available, projects throughout the state will be considered, including rest area improvements. Although the list of recommended projects totals $183 million and Idaho’s allocation is $181 million, staff is hopeful that lower bids will be submitted so that all of the projects can be funded.

 

MTI Amick provided a list of local projects being recommended for funding. The projects were identified by working with the Local Highway Technical Assistance Council and the metropolitan planning organizations.

 

Member Blick asked if the local projects are ready for construction. MTI Amick acknowledged that not every local project has been identified. It is acceptable to group projects as preservation and safety improvements. Also, the locals have one year to obligate their projects. 

 

Chairman Manning noted that the funding distribution to the local entities is a departure from the existing Board Policy, which allocates 12.6% of formula funds to local jurisdictions. The ARRA is providing a special, one-time funding opportunity.

 

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

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

ITB09-10        $181,934,631 in 100% federal funding for 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 Management Area and Metropolitan Planning Organizations and the Local Highway Technical Assistance Council have identified $28 million in local highway system projects, which add jobs and increase economic activity in Idaho as well as meet the criteria for ARRA funding; and

 

WHEREAS, such expeditiously delivered projects must be obligated in time to meet rigid deadlines established in the ARRA of up to one 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 ARRA funding must be included in the Idaho Transportation Department’s budget during the Idaho 2009 Legislative Session; and

 

WHEREAS, the local highway system projects which can be expeditiously delivered 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 prior to being eligible for ARRA funding; and

 

WHEREAS, local highway projects must also be included in the Transportation Management Area and Metropolitan Planning Organization Transportation Improvement Programs to be eligible for ARRA funding.

 

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 local highway system projects shown in the table entitled “Highway Economic Stimulus Projects”, as shown as Exhibit 368, which is made a part hereof with like effect, for a total of $28 million; and

 

BE IT FURTHER RESOLVED, that the ARRA funding needed for the completion of the above projects is authorized to be requested through the Idaho Division of Financial Management for consideration by the Governor’s Executive Stimulus Committee for approval and inclusion in the Department’s 2009 Budget by the 2009 Idaho Legislature; and

 

BE IT FURTHER RESOLVED, that it must be understood that the obligation and completion of the above economic stimulus projects may not be possible due to circumstances beyond the Department’s control such as an unfavorable bidding climate or changes that may occur during the legislative authorization of ARRA funding in 2009; and

 

BE IT FURTHER RESOLVED, that funding to local public agencies under this resolution has been provided only in support of the unique economic stimulus objectives and funding formulas made available under the ARRA, and in no way will such funding under this resolution change current local public agency funding formulas applicable under Board Policy B-11-04, “Allocation of Surface Transportation Program Apportionments to Local Public Agencies” when applied to existing and future federal highway formula funding.

 

Member McClure expressed concern with funding the I-84, Vista Interchange with the economic stimulus money because that project is in the GARVEE Program. Funding for that project has been identified. He does not want the stimulus funding to replace the GARVEE Program.

 

The motion passed unopposed.

 

Member Blick made a motion, seconded by Vice Chairman Sweeney, to approve the following resolution:

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

ITB09-11        $181,934,631 in 100% federal funding for highway infrastructure projects; and

 

WHEREAS, the ARRA of 2009 has provided Idaho $18,398,968 in 100% federal funding for public transit projects; and

 

WHEREAS, such funding has been provided for the expeditious delivery of eligible transit and 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 identified $174.3 million in state highway and public transit projects that add jobs and increase economic activity in Idaho as well as meet the criteria for ARRA funding; 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 ARRA funding must be included in the Department’s budget during the Idaho 2009 Legislative Session; and

 

WHEREAS, the highways and transit projects that can be expeditiously delivered 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, projects must also be included in the Transportation Management Area and Metropolitan Planning Organization Transportation Improvement Programs to be eligible for ARRA funding.

 

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 state highway system projects shown in the table entitled “Highway Economic Stimulus Projects,” as shown as Exhibit 368, which is made a part hereof with like effect, for a total of $155.9 million and the public transit projects shown in the table entitled, “Idaho 2009 Rural and Urban Transit Stimulus Package,” as shown as Exhibit 369, which is made a part hereof with like effect, for a total of $18.4 million; and

 

BE IT FURTHER RESOLVED, that the ARRA funding needed for the completion of the above projects is authorized to be requested through the Idaho Division of Financial Management for consideration by the Governor’s Executive Stimulus Committee for approval and inclusion in the Department’s 2009 Budget by the 2009 Idaho Legislature; and

 

BE IT FURTHER RESOLVED, that it must be understood that the obligation and completion of the above economic stimulus projects may not be possible due to circumstances beyond the Department’s control such as an unfavorable bidding climate or changes which may occur during the legislative authorization of ARRA funding in 2009.

 

If the I-84, Vista Interchange is funded with the economic stimulus money, Member McClure expressed support to fund the I-84, Meridian Interchange in the GARVEE Program. The Meridian Interchange is in the middle of the I-84 corridor and will be a choke point because it will have four lanes on each side of the interchange and only three under the bridge. Vice Chairman Sweeney asked if the local entities would be prepared for improvements to that structure. Member McClure responded that they are in the process of making improvements north of the Interstate. To the south is SH-69, which has been widened. Member Gagner asked about the priority of the Interchange. Although it may not be the highest priority, Member McClure believes it is an important project. There were insufficient funds to include it in the initial GARVEE Program. Director Lowe said that staff will bring a revised GARVEE Plan to the Board at its April meeting.

 

Chairman Manning reiterated that the economic stimulus projects need to be submitted to the Division of Financial Management tomorrow. There are still several steps in this process.

 

The motion passed unanimously.

 

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

RES. NO.        WHEREAS, the staff of the Idaho Transportation Department has received an offer to settle the

ITB09-12        case of ITD v. De La Concepcion for $746,000 including attorney fees, interest and costs; and

 

WHEREAS, this total settlement in the amount of $746,000 is just compensation for the property taken for right-of-way acquisition in the I-84, Franklin Interchange project in Canyon County, key #7795.

 

NOW THEREFORE BE IT RESOLVED, that the Idaho Transportation Board hereby approves a settlement in the amount of $746,000 as just compensation for acquisition of the real property taken in the case of ITD. V. De La Concepcion.

 

 

            WHEREUPON the special session of the Transportation Board adjourned at 3:20 PM.

 

 

 

___________________signed______________

DARRELL V MANNING, Chairman

Idaho Transportation Board

Read and Approved

March 18, 2009

Boise, Idaho