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REGULAR
MEETING AND DISTRICT ONE TOUR OF
THE July 22-23, 2009 The Idaho Transportation Board met at 8:15 AM, on Wednesday, July 22, 2009, in Coeur d’Alene, Idaho. The following principals were present: Darrell
V Manning, Chairman Bruce
Sweeney, Vice Chairman – District 2 Jim
Coleman, Member – District 1 Jerry
Whitehead, Member – District 3 Gary
Blick, Member – District 4 Neil
Miller, Member – District 5 Lee
Gagner, Member – District 6 Scott
Stokes, Acting Director Karl
Vogt, Deputy Attorney General Sue
S. Higgins, Secretary Representative Phil Hart was also in attendance. District 1 Tour. The Board departed north on US-95. Staff summarized the various projects along the Garwood to Sagle GARVEE corridor. Sandpoint Airport Manager Dave Schuck welcomed the group to Sandpoint. It toured Quest Aviation, where Kodiak airplanes are manufactured. The group traveled US-2 west to Dover. After participating in a ground-breaking ceremony with Governor Otter for the US-2, Dover Bridge, it returned to Sandpoint. During lunch with various dignitaries, staff provided an overview on the US-95, Sand Creek Byway project. The Board and local officials toured the Sand Creek Byway project. The Board returned to Coeur d’Alene via US-95 south. WHEREUPON the tour recessed at 3:30 PM. July 23, 2009 The Board reconvened at 8:30 AM on Thursday, July 23, 2009, at the Idaho Transportation Department District 1 Office in Coeur d’Alene. All members were present. Board Minutes. Member Miller made a motion to approve the minutes of the regular Board meeting held on June 17-19, 2009 and the minutes of the special Board meeting held on July 16, 2009 as submitted. Vice Chairman Sweeney seconded the motion and it passed unopposed. Board Meeting Dates. The following meeting dates and locations were scheduled: August 19-20, 2009 – District 6 September 16-17, 2009 – District 4 October 14-15, 2009 – Boise Consent Calendar. Member Blick made a motion, seconded by Member Gagner, and passed unanimously, to approve the following resolution: RES. NO. NOW THEREFORE BE IT RESOLVED, that the ITB09-27 FY09 Statewide Transportation Improvement Program (STIP) amendment for Public Transportation; FY09 STIP administrative modification; FY10/State FY11 Public Transportation grant funding; removal of Rexburg City Streets Sealcoats project from the American Recovery and Reinvestment Act Highway Infrastructure Program; the advance of the Amity Road, Chestnut to Robinson Road, Nampa project; the addition of two new I-84 projects to the Interstate Maintenance Discretionary Program; rule change, IDAPA 39.04.05, Rules Governing Aircraft Registration; revisions to Board Policy, B-27-01, Charter or Rented Aircraft and Pilot’s Requirements; Revisions to Board Policy, B-27-10, Assistance to Idaho’s Airports; revisions to Board Policy B-11-02, Highway Development Program; and revisions to Board Policy B-06-42, Bidding and Contracting Rental Equipment; and has received and reviewed the contract award information; the professional services agreements and term agreement work task report; the administrative and legal settlements of right of way acquisitions; the FY09 annual report of activities to the Board of Examiners; and a status report on the Highway Development Program update. 1) FY09 STIP Amendment for Public Transportation. This request is to increase the amount programmed based on un-programmed FY08, Section 5310 funds and also the increase in the amount of the final FY09 federal apportionments. Kootenai Metropolitan Planning Organization and the Lewis Clark Valley Metropolitan Organization request increasing the amounts programmed from un-programmed Section 5307 funds. The Bannock Transportation Planning Organization’s (BTPO) request is to balance the Section 5307 funds to the amount available and to increase the operations funding by reducing capital cost. The Community Planning Association of Southwest Idaho (COMPASS) requests increasing the amounts programmed from the un-programmed Section 5307 funds from FY08 and adjustments to the FY09 projects to take advantage of the availability of Federal Transit Administration (FTA) operating funds. COMPASS also requests moving the Small Urban transit program funds from the FY08 STIP to the FY09 STIP as an amendment. The program funds were inadvertently left out of the FY09 STIP and were not identified until FTA notified COMPASS and Valley Regional Transit that those funds would be lost as of September 24, 2009. The changes are shown as Exhibit 375, which is made a part hereof with like effect. 2) FY09 STIP Administrative Modification. In 2008, the Idaho Transit Coalition requested a $4,592,569 5309 Congressional Earmark for Transit Capital Projects. All projects were added to the FY09-13 STIP. The final appropriation was $4,845,000. Staff requests amending the STIP to increase key #11790, Sun Valley/Ketchum, Mountain Rides to $802,000; key #11780, Coeur d’Alene Tribe to $1,055,000; key #11781, City of Moscow, to $207,000; key #11791, Pocatello Regional Transit to $906,000; key #11788, Boise, Valley Regional Transit to $491,000; and key #11787, Ada County Highway District to $1,385,000. Additionally, operating expenses not to exceed 10% of appropriations became allowable program costs under the Supplemental Appropriations Act of June 2009, American Recovery and Reinvestment Act (ARRA). BTPO requests an FY09 STIP modification for key #11913 to reduce capital projects from $1,160,000 to $1,045,000 and the addition of an operating project for $115,000. 3) Federal FY10/State FY11 Public Transportation Grant Funding. Staff completed the application review process for the remaining eligible FY09 funds and the FY10 FTA Section 5310 Elderly and Persons with Disability Program, Section 5311 Rural Program, Section 5316 Job Access/Reverse Commute, Section 5317 New Freedom Program, the state FY11 Vehicle Investment Program, and the FHWA Rideshare program funds. The Program, as shown as Exhibit 376, which is made a part hereof with like effect, was reviewed and approved by the Public Transportation Advisory Council. 4) Remove Rexburg City Street Sealcoats from the ARRA Highway Infrastructure Program. The City of Rexburg requests the removal of the Rexburg City Street Sealcoats project, key #11921, from consideration for construction with ARRA Title XII Highway Infrastructure funds. The City intends to reapply for the AARA Title XIV Education funds because of the increased flexibility those funds appear to provide. The $160,000 of ARRA funds freed by this action will be applied toward STC-8001, Main Street, Boise Avenue to Washington, Emmett, key #9192. The request also includes approval to amend the STIP accordingly. 5) Advance Amity Road, Chestnut to Robinson Road, Nampa. In FY06, Congress earmarked $8.6 million of Idaho’s federal formula apportionments for the Amity Road, Chestnut to Robinson Road, key #10541 project. The City of Nampa has accelerated development of the project. Right-of-way acquisition is planned for FY10 and construction in FY11. The City of Nampa requests advancing the project from preliminary development into FY11 of the Highway Priority Program and to amend the STIP accordingly. 6) Add Two New I-84 Projects to the Interstate Maintenance Discretionary Program. ITD received two Interstate Maintenance Discretionary earmarks within the FY09 Appropriations Act. A $475,000 allocation must be spent on I-84 between Broadway Avenue and Gowen Road. The earmark will be used for pavement work in FY09 on the ramps via the proposed project, I-84, Broadway Interchange Ramps, which will be companioned with the US-20, Ridenbaugh Canal to Junction I-84, key #9480 project, which is ready to advance from FY11 to FY09. Additionally, a $1,425,000 allocation must be spent on I-84 between Caldwell and Nampa. Staff proposes constructing a slip lane at I-84, 10th Street Interchange to Franklin Road Interchange, Caldwell in FY11 to aid traffic in safe and efficient merging at these exits. Staff requests adding these two projects to the STIP and amending it accordingly. 7) Rule Change, IDAPA 39.04.05, Rules Governing Aircraft Registration. Rule 39.04.05 cited Idaho Statute 63-1203, which has been repealed by the legislature and replaced by Idaho Statute 63-301 with equivalent wording. Rule 39.04.05 is being amended to correct the code reference. Minor wording changes were also included to clarify the intent of the rule. 8) Revisions to Board Policy B-27-01, Charter or Rented Aircraft and Pilot’s Requirements. This policy was revised to correct a typo and clarify the intent of the wording. No substantive changes were made. 9) Revisions to Board Policy B-27-10, Assistance to Idaho’s Airports. This policy was revised to incorporate the Aeronautics Program into the STIP. No substantive changes to the current practice are involved. 10) Revisions to Board Policy B-11-02, Highway Development Program. This policy was revised to include the Administrator, Division of Administration, along with the Chief Engineer, as having responsibility of establishing and maintaining the Highway Development Program.
11) Revisions to Board Policy B-06-42, Bidding and Contracting Rental Equipment. Minor, non-substantive revisions were made to bring this policy up-to-date. 12) Contract Awards. Keys #8808 and #8110 – US-30, Twin Falls Main Canal Bridge #2 and Twin Falls Main Canal Bridge, Outlet, District 4. Low bidder: Cannon Builders, Inc. - $1,599,926. Key #10584 – I-86, I-15, Chubbuck Interchange to Pocatello Creek Interchange, District 5. Low bidder: Hap Taylor & Sons, Inc. dba Knife River - $8,077,399. Key #9387 – SH-48, Rigby High School to Yellowstone Highway, District 6. Low bidder: H-K Contractors, Inc. - $2,930,969. Key #11142 – US-26, Lincoln Road to Junction SH-43, Idaho Falls, District 6. Low bidder: H-K Contractors, Inc. - $2,132,458. Key #557 – SH-97, Beauty Creek Bridge, District 1. Low bidder: Harcon Incorporated - $1,356,605. Key #11525 – FY09 District 3 Region 1 and 3 Sealcoats. Low bidder: Snake River Construction, Inc. - $1,402,968. Key #11865 – US-20 and SH-67, FY09 District 3 Region 2 Sealcoats. Low bidder: Kloepfer, Inc. - $604,620. Key #9818 – I-84, Vista Avenue Interchange, Boise, District 3. Low bidder: Central Paving Company, Inc. - $17,786,796. Key #1222 – US-2, Dover Bridge, Bonner County, District 1. Low bidder: Sletten Construction Company - $21,563,793. Key #11044 – SH-78, Junction SH-45 to Murphy,
District 3. Low bidder: Central Paving Company, Inc. - $1,847,776. Key #9815 – I-84, Ten Mile Road Interchange,
District 3. Low bidder: Staker & Parson Companies dba
IS&G - $33,798,013. Key #8624 – US-20, Henry’s Lake Flat Passing Lanes,
District 6. Low bidder: Gale Lim Construction LLC - $2,225,641. Key #8073 – US-95, Top of Whitebird
Grade to Chainup Area, District 2. Low bidder: Hap
Taylor & Sons, Inc. dba Knife River - $3,318,095. Key #11900 – I-84, 500 West Road Overpass, Near
Burley, District 4. Low bidder: Cannon Builders, Inc. - $112,264. Key #11084 – I-86, FY09 District 4 Sign Upgrades. Low bidder: Wheeler
Electric, Inc. - $130,195. Key #11031 - US-95, Moscow Mountain Passing Lane,
District 2. Low bidder: Debco Construction – $2,728,813. Keys #10532 and #10531 – SH-21, Diversion Dam to Sandy
Point, Ada County, and Junction I-84 to Federal Way, Boise, District 3. Low bidder: Staker & Parson Companies dba IS&G - $1,098,140. Key #9572 – Packsaddle Road, Teton County, District
6. Low bidder: Hap Taylor & Sons, Inc. dba Knife River - $1,027,045. Key #9493 – I-84, Five Mile Underpass, Boise,
District 3. Low bidder: Trinity Construction, Inc. - $275,380. 13) Professional Services Agreements and Term Agreement Work Task Report. From May 29 through June 30, $5,747,150 in new professional services agreements and work tasks were processed. Of the 38 agreements issued, 27 were for local projects. The majority of ITD’s agreements were issued because resources were not available in house. Six supplemental agreements to existing agreements were processed in the amount of $181,000 during this period. 14) Administrative and Legal Settlements of Right-of-Way Acquisitions. From January 1, 2009 through June 30, 2009, the Right-of-Way Section processed 61 parcels. There were 29 administrative settlements and no legal settlements during this time frame. 15) FY09 Annual Report of Activities to the Board of Examiners. During
FY09, ITD requested a waiver on behalf of a newly-hired staff engineer. The
request, which was approved, was to reimburse an employee $378 for moving
expenses. A request was also made to pay $21,539 for comp time balances in
excess of 240 hours for four FLSA non-covered employees to begin FY10 with all
employees at or below the new caps established by the legislature. These
employees made a good faith effort to reduce the comp time balances form last
year’s request of $71,052. The State Board of Examiners did not approve this
request. 16) Revised FY10-13 STIP Update Schedule. The update schedule for the
FY10-13 STIP has been revised to provide the Board the opportunity to consider
GARVEE program changes in July and allow time to incorporate them in the draft
STIP prior to proceeding with public involvement; enable more timely
coordination of proposed STIP changes; and allow more time to analyze and
review proposed STIP changes prior to the Board meeting. The update will be
presented to the Board next month, followed by the public involvement period.
The STIP will be presented to the Board for approval in November and then
submitted to FHWA. Board Items. Chairman Manning said he participated in a recent ground-breaking ceremony for the I-84, Ten Mile Interchange. He has also been involved in meetings related to the American Recovery and Reinvestment Act. Member Coleman attended the Western Association of State Highway and Transportation Officials’ annual meeting last week. The main topic was revenue. Concern was expressed that the fuel tax is not reliable. Re-authorization of the federal transportation act was also discussed. Officials are optimistic that federal funding will be increased. Director’s Report. Acting Director Stokes summarized the Department’s efforts to address the Governor’s Executive Order. The first quarterly report was released at the beginning of July. Outreach to employees is being planned, particularly meetings with mid managers, as a key to a successful performance management program is buy-in at that level. Acting Director Stokes mentioned that the Leadership Team met earlier this week. It remains committed and dedicated to the Board and Department. Additionally, planning is underway on employee outreach efforts. More information will be provided later. Adopt-A-Highway (AAH) Presentation. Member Coleman thanked the East Side Fire District for its participation in the Adopt-A-Highway Program. The group adopted SH-97, approximately 26 miles, in 2003. He recognized the valuable service the group is providing. Delegation – City of Post Falls. City of Post Falls Mayor Clay Larkin thanked the Board for its time. He summarized efforts to date on the proposed I-90, Greensferry project. Due to the City’s partnership, particularly its financial contribution, the environmental process has almost been completed. The Urban Renewal District Agency is willing to commit $1.2 million to complete the preliminary and final design of the project; however, there is a timeframe that has to be met. Mayor Larkin is concerned that the addendum to the memorandum of understanding, which is in the District Office for review, may not be finalized in time. He asked the Board to support the City’s efforts so the design work can be completed. He also expressed appreciation to District Engineer (DE) Damon Allen and his staff for its assistance. DE Allen said that work on the addendum is progressing and if the Board endorses the proposal, it should be finalized soon. Member Coleman expressed support for the partnership and for proceeding with the design. In response to his question on the timeframe, Mayor Larkin responded that he has to address the Urban Renewal District Agency next month. Vice Chairman Sweeney asked if the right-of-way can be secured for the project. Mayor Larkin replied that there are some issues to address on the right-of-way acquisition; however, the right-of-way plans will not be finalized until the design work is completed. Vice Chairman Sweeney expressed concern with proceeding with the design before construction funds are identified. Member Blick supports the project, but is also concerned with the lack of funds for construction. He commended the City for its partnership and proactive approach to address transportation needs, but cautioned that no construction money is available for the project at this time. Member Coleman made a motion to direct staff to finalize the addendum to the memorandum of understanding with the City of Post Falls to proceed with the preliminary and final design for the I-90, Greensferry project, funded through the City and its Urban Renewal District Agency, with the document subject to legal review. Member Gagner seconded the motion and it passed unopposed. Mayor Larkin thanked the Board for its support. Delegation – City of Sandpoint. City of Sandpoint Mayor Gretchen Hellar commented on the numerous state highways in and around the City of Sandpoint. The City has virtually no control on these roads. The City is planning improvements to its streets; however, its transportation system is impacted by US-95. She asked for a decision on the plans for US-95 in Sandpoint upon completion of the Sand Creek Byway. She added that the City’s next priority is the US-2 through Sandpoint project. Member Coleman responded that the intent is to relinquish as much as US-95 as possible to the City. He acknowledged that some issues related to the US-2 connection still need to be addressed. He encouraged Mayor Hellar to work with DE Allen. ITD staff should be able to provide some guidance with the City’s planning efforts. Mayor Hellar thanked the Board for its time. Delegation – Bonner County Area Transportation Team. Bonner County Commissioner Lewis Rich thanked the Board for its time. He expressed concern with a turn lane that was to be constructed on SH-41. Due to development in the vicinity, the developer was to provide part of the funding for the project. The agreement, however, contained a clause that if the project was not constructed by a time certain, the developer would not be liable for the funding. Commissioner Rich believes the project is needed, as it would alleviate safety concerns, but he is doubtful the project will be constructed. Other issues he mentioned were efforts with legislators to allow local option tax, concerns with the relationship between the Local Highway Technical Assistance Council and ITD, and concerns with the increased ITD administrative fees. In conclusion, Commissioner Rich thanked the Board for projects underway in the County, including the US-2, Dover Bridge and SH-200, Lightning Creek Bridge. DE Allen acknowledged the requirement of the turn lane due to the development. He added, however, that the District has other, higher priorities. The SH-41 turn lane is not in the STIP and will not be constructed this year. Delegation – City of Ponderay. Carol Kunzeman, Mayor, City of Ponderay, thanked the Board for the various projects underway in the Ponderay area, specifically the US-2, Dover Bridge and US-95, Sand Creek Byway. She appreciated the opportunity to tour the Byway construction site yesterday, and believes it will be a valuable addition to the area’s transportation system. Mayor Kunzeman also praised the District staff for its assistance and support. The City’s next priority is the US-95, Sandpoint to Kootenai Cutoff project. Delegation – City of Priest River. City of Priest River Mayor James Martin expressed appreciation to Member Coleman for attending a recent meeting to discuss transportation issues, particularly funding. He noted the importance of increasing transportation revenue, not only for ITD, but for local highway jurisdictions. He believes it is imperative for the state and locals to work cooperatively on this issue and he supports ITD’s efforts. Chairman Manning mentioned the establishment of the Governor’s Transportation Funding Task Force. Senator Shawn Keough is a member of that Task Force. He encouraged Mayor Martin to continue working with area legislators. Member Coleman acknowledged Mayor Martin’s efforts on funding and noted that the legislators in northern Idaho generally are supportive of transportation funding. He does not anticipate additional funding before the Task Force issues its report in December 2010. Because of the general support of northern Idaho legislators, Member Miller encouraged Mayor Martin to broaden his efforts. It would be advantageous to have the support of local associations, particularly the Association of Idaho Cities. Member Blick also expressed appreciation for Mayor Martin’s efforts. He acknowledged the extensive needs on the local system and the insufficient funding. He believes, too, that the state and locals need to unite on this important issue. In conclusion, Mayor Martin thanked District staff for the improvements to SH-57 and for its assistance. Delegation – Idaho’s Mobility and Access Pathway (IMAP) District 1A Coordinator, Clif Warren. Mr. Warren thanked the Board for the IMAP initiative. He believes it is very beneficial and will help address the mobility needs of the citizens of Idaho. He is concerned that funding is insufficient for public transportation and encouraged the Board to increase funding for transit. Mr. Warren also expressed appreciation to the Division of Public Transportation staff for its assistance and support. Chairman Manning thanked Mr. Warren for his comments and for his participation in the important IMAP initiative. Presentation – Community Transportation Enhancement Program. Dave Stephenson, Project Coordinator, Department of Lands, thanked the Board for funding the Community Transportation Enhancement program through the Enhancement Program. He emphasized the importance of this Program, funded through ITD and administered by the Department of Lands, whereby funding for trees and shrubs are provided to communities. The plants have a traffic calming effect. Other benefits include reduced air particulates, reduced erosion, and energy savings. He summarized projects funded through the Program. Mr. Stephenson expressed concern with the Board’s decision to suspend funding to the Enhancement Program because it is a valuable program to communities. Member Blick asked if communities, particularly smaller communities, have difficulty maintaining these projects and taking care of the trees and shrubs. Mr. Stephenson responded that funding is a concern when on-going costs are involved. As part of the Program, assistance is provided to communities for three years to ensure adequate maintenance is being done. Chairman Manning thanked Mr. Stephenson for the report and for his efforts on this project. 2010 Legislative Idea Review. Governmental Affairs Program Manager (GAPM) Mollie McCarty presented the legislative concepts for the 2010 session. Upon approval, the ideas will be submitted to the Division of Financial Management (DFM). Upon approval from DFM, draft legislation for the concepts will be prepared and presented to the Board. She summarized the nine ideas being considered. The topics include issuing a driver training instruction permit to any person 14 ½ years of age or older; restricting the release of personal identity information of individuals involved in crashes; strengthening the safety restraint requirement, however, discussions with lawmakers will determine the actual proposal; adding court costs to adult safety restraint violations; allowing the “IdaShield” railroad crossing markers; correcting the commercial drivers’ license program to comply with the Federal Motor Carrier Safety Administration; designating ITD maintenance vehicles as authorized emergency vehicles; allowing both the application for a duplicate title and the transfer to a new owner in a single transaction for vehicles that are either at least 10 years old, over 16,000 pounds gross vehicle weight, or have no odometer device, and for all vessels; and requiring land-use authorities who are responsible for land surrounding public airports to develop compatible airport land-use planning. Member Gagner suggested contacting other states to determine the effect of stronger seatbelt legislation. It may be helpful if ITD can project how many lives may be saved if changes to Idaho’s seatbelt laws are enacted. On the IdaShield legislation, Chairman Manning suggested it may be beneficial to seek information through the American Association of State Highway and Transportation Officials. Member Miller also suggested contacting other states to determine if they have a similar program and how it is being implemented, particularly Ohio, which he believes initiated the program. Vice Chairman Sweeney asked if there is a problem with ITD’s maintenance vehicles. He believes staff has to justify this request and provide information on the concerns that precipitated the proposal to authorize the vehicles as emergency vehicles. Member Blick 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 ITB09-28 legislation to the Division of Financial Management for review and approval; and WHEREAS, the Idaho Transportation Department Executive Team has approved the “Legislative IDEA Submittal Forms” and has submitted them to the Idaho Transportation Board for review and approval prior to submission to the Division of Financial Management. NOW THEREFORE BE IT RESOLVED, that the Board approves submittal of the “Legislative IDEA Submittal Forms”, as shown as Exhibit 377, which is made a part hereof with like effect, to the Division of Financial Management, and, upon approval, the development by ITD staff of draft legislation to be included as part of the Governor’s 2010 legislative package, dependent upon subsequent review and approval by the Board and the Division of Financial Management. Proposed Changes
to IDAPA 39.02.41, Rules Governing Special Provisions Applicable to Fees for
Services. Alan Frew, Motor
Vehicle Administrator (MVA), said IDAPA 39.02.41 is being modified to prepare
for implementation of House Bill 334 passed by the 2009 legislature, and also
to update language to allow for current technology available for electronic
transmission of data. Language changes will rely more on statute, and when
House Bill 334 is implemented on January 1, 2010, the proposed rule language will facilitate a
slight increase in the charge to provide imaged records based on a per hour
rate of $18. Based on an average 24 minutes for processing, the new charge to
research and provide imaged motor vehicle records will be $7 in addition to the
base driver/vehicle record charge. The change is part of a package that will
allow the Department to recover its Division of Motor Vehicles’ administrative
costs. Member Gagner made a
motion, seconded by Vice Chairman Sweeney, and passed unopposed to approve the
following resolution: RES.
NO. WHEREAS, House Bill 334 was enacted by
the 2009 legislature and will be effective ITB09-29 January 1, 2010; and WHEREAS, House Bill 334 included a change to the hourly rate found in
49-202(2)(h); and WHEREAS, IDAPA 39.02.41 includes a fixed fee based on 49-202(2)(h) that
will be incorrectly calculated on January 1, 2010 if the rule is not changed;
and WHEREAS, the proposed revisions will rely more on statute instead of
citing a fixed fee for research; and WHEREAS, the proposed revisions can be implemented prior to January 1,
2010 without any conflicts with statutory language or timing of dates of
legislation enactment; and WHEREAS, IDAPA 39.02.41 includes outdated
language that should be changed to reflect current terminology and technologies
available for data transmission. NOW THEREFORE BE IT RESOLVED, that the Idaho Transportation Board
endorses the changes to IDAPA 39.02.41 as a temporary and proposed rule. Revisions to IDAPA 39.03.12, Rules Governing Safety Requirements of Overlegal Permits. MVA Frew requested revisions to IDAPA 39.03.12 to conform to the Federal Motor Carrier Safety Regulations (FMCSR). The rule currently requires warning flags on oversize vehicles and/or loads to be 12 inches by 12 inches. FMCSR 393.87 now requires the minimum size of warning flags to be 18 inches by 18 inches. Vice Chairman Sweeney made a motion, seconded by Member Miller, and passed unopposed, to approve the following resolution: RES. NO. WHEREAS, the Idaho Transportation Board has authority to approve requested changes to ITB09-30 Idaho Transportation Department rules; and WHEREAS, the Board finds the changes to IDAPA 39.03.12 necessary and is a safety requirement of Federal Motor Carrier Safety Regulations for the safe movement of oversize vehicles and/or loads within Idaho. NOW THEREFORE BE IT RESOLVED, that the Board approves the following rule to be submitted for change: Modify Rule 39.03.12 – Rules Governing Safety Requirements of Overlegal Permits to state the required minimum size of warning flags for oversize vehicles and/or loads be eighteen (18) inches by eighteen (18) inches; and BE IT FURTHER RESOLVED, that the Board approves the request to submit the changes as listed above for Rule 39.03.12 and directs staff to proceed with the administrative rule making process. Revisions to IDAPA 39.03.16, Rules Governing Oversize Permits for Non-Reducible Vehicles and/or Loads. MVA Frew said IDAPA 39.03.16 specifies that oversize vehicles operating under authority of an overlegal permit and exceeding four feet of front overhang on any vehicle in the combination are restricted to daylight travel only on two-lane two-way highways. This restriction applies to loads exceeding four feet overhang in front of flatbed trailers, between the trailer and the tractor of the vehicle combination. ITD has had several requests by the industry to allow vehicles to operate with greater front overhang before being restricted to daylight only travel on two-lane, two-way highways. Industry has requested to increase the front overhang from four feet to seven feet. MVA Frew said that staff surveyed surrounding states’ front overhang travel requirements and determined that the majority of surrounding states have less restrictive requirements than Idaho. Staff partnered with the industry to research and determine that seven feet of front trailer overhang can be safely accommodated for night operations. Member Gagner made a motion, seconded by Vice Chairman Sweeney, and passed unopposed, to approve the following resolution: RES. NO. WHEREAS, the Idaho Transportation Board has authority to approve requested changes to ITB09-31 Idaho Transportation Department rules; and WHEREAS, the Board finds the changes to IDAPA 39.03.16 necessary for the efficient movement of oversize vehicles and/or loads within Idaho. NOW THEREFORE BE IT RESOLVED, that the Board approves the following rule to be submitted for change: Modify Rule 39.03.16 – Rules Governing Oversize Permits for Non-Reducible Vehicles and/or Loads to state front overhang of any vehicle in a combination is restricted to seven (7) feet before being restricted to daylight travel only on two (2) lane, two (2) way highways; and BE IT FURTHER RESOLVED, that the Board approves the request to submit the changes as listed above for Rule 39.03.16 and directs staff to proceed with the administrative rule making process. ITD/Department of Environmental Quality (DEQ) Cooperative Agreement Extension: Stage 1 Vapor Recovery Retrofit Project. Transportation Planning Administrator (TPA) Matt Moore summarized the September 2008 Board approval of the DEQ Stage 1 Vapor Recovery Retrofit Project. The Congestion Mitigation and Air Quality Improvement Program funding of up to $500,000 was to help retrofit Treasure Valley area gasoline storage tanks with vapor recovery technology to reduce emissions of volatile organic chemicals that contribute to the creation of ground-level ozone. TPA Moore reported that the project is behind schedule and DEQ has requested an extension to the cooperative agreement. As of July 1, 2009, approximately $11,300 from this cooperative agreement has been used to completely retrofit 15 tanks. Another 40 tanks are registered and in varying stages of the program and an additional 94 tanks are eligible, for a total of approximately 150 tanks. Originally, DEQ expected that 410 tanks would be eligible under this program, according to TPA Moore. Subsequent federal regulations for larger-scale delivery and storage operations indicate that approximately 150 tanks are eligible. Further, cost estimates for retrofitting tanks were $5,000 per tank while the actual cost has been $1,500, with federal aid reimbursing up to 50% of that amount. Between the federal regulatory requirements and this project, all 410 tanks will be retrofitted, thereby assuring the desired air quality improvements needed to reduce the chances of the Treasure Valley becoming an ozone nonattainment area. TPA Moore stated that the cooperative agreement with DEQ will be extended until May 1, 2010 to complete retrofitting all of the eligible tanks. Additionally, DEQ is requesting the total project be reduced to $130,000 in federal aid. ITD Strategic Plan Quarterly Update. TPA Moore reported that an electronic tracking system has been implemented to report and track the action items that support the four identified Department focus areas. All documentation and related information on ITD’s strategic planning activities can be found on the intranet. Investing in Our People team leader Mary Harker, Human Resources Manager, reported that the employee survey meetings have been conducted. Part of the survey was an assessment of employees’ awareness of the values identified earlier this year. Additionally, follow-up supervisory workshops have been conducted and the performance evaluation system has been revised to include values behaviors and supervisory behaviors. A team has also been created to develop a new employee orientation program. The rewards and recognition team has met three times. Both teams are on target to complete their work. Member Gagner commented that it would be important to have a person assigned to tracking and monitoring performance measures attached to the performance evaluation system. MVA Frew, team leader for Improving Customer Service, said a Customer Service Council has been established. ITD’s products/services and customers have been identified. Efforts are underway to conduct a survey of the general public relating to ITD products and services. The final report is expected by the end of January 2010. The team is also identifying customer service best practices and conducting a gap analysis. A draft report is anticipated before the end of this year. Administrator, Division of Administration (ADA), Dave Tolman, Leading through Agency Performance team leader, reported that training sessions were held in May. The team continues to reach out to various legislators, industry partners, and other governmental entities, and has held statewide meetings for ITD staff to communicate the implementation of Performance Management. Additionally, 15 performance measures have been selected and data collection started on July 1. ADA Tolman said the team’s work is essentially complete, as a Performance Management Review Team will provide oversight now. TPA Moore reported on the efforts of the Expanding and Enhancing Partnerships Team. A Partnership Steering Committee has been formed. It has developed a partnership satisfaction survey that will identify ITD’s current partners and evaluate existing strengths and weaknesses. The survey is to be completed by October 9. Chairman Manning
thanked staff for the update and the continued efforts on this important
initiative. District 1 Action
Items from Strategic Plan.
DE Allen said the District’s partnering efforts include creating transportation
development agreements within all of the counties in the District.
Additionally, the District is responsible for structural fabrication inspection
for the state for products that come out of Spokane, Washington. To improve
customer service, the District established a suspense log to track issues. It
also developed an access/permit database and is transitioning to a
GIS-supported system. Action items related to investing in our people include
the creation of a construction inspector guide for the residency personnel and
on-site visits with all employees. Some of the leading through agency
performance efforts are a review of the winter levels of service to correspond
with the annual allocations and continuing use of the solid salt/brine de-icer program. Chairman Manning
thanked DE Allen for the report. Executive Session on Personnel and Legal Issues. Vice Chairman Sweeney made a motion to meet in executive session at 12:20 PM to discuss personnel and legal issues as authorized in Idaho Code Section 67-2345(a), (b), (d), and (f). Member Miller seconded the motion and it passed 6-0 by individual roll call vote. A discussion was held on legal matters
related to access issues on US-20 and records exempt from public disclosure. A discussion was held on personnel issues
related to the conduct of public officers and the filling of a public office. The Board came out of executive session at 1:30 PM. No final actions or decisions were made. Outdoor Advertising. Janice
Strough, Senior Right of Way Agent, summarized the
outdoor advertising program. Types of signs the Department regulate are
off-premise and billboards; on-premise; and miscellaneous, such as directional,
religious, community, and for sale. Per federal law, states must provide
continuing control of outdoor advertising signs or be subject to a loss of 10%
of their federal-aid highway funds. The Headquarters Right-of-Way Section has
one full-time position devoted to this program. Each District has one part-time
sign agent. Currently, there is a $10 per sign application and permit fee, a $3
per annual sign permit renewal fee, and $50 for an outdoor advertising business
license. The fees, which have not been increased since 1975, generate close to
$6,000 annually; however, the costs to ITD to administer the program are around
$187,000. The consensus of the Board was to pursue increasing the outdoor advertising sign fees. Highway Safety Performance Plan FY10. Mary Hunter, Highway Safety Manager, elaborated on the federally-funded Highway Safety Grant Program. The goal is to reduce deaths, injuries, and economic losses resulting from traffic crashes by implementing programs to address driver behaviors. The program provides grant funding at the state and community level for highway safety programs that address Idaho’s unique circumstances and particular highway safety needs. She presented the FY10 Highway Safety Performance Plan, as approved by the Traffic Safety Commission. The National Highway Traffic Safety Administration Section 402 grants total $2,734,900. Based on Idaho’s highway safety needs some of the focus areas are impaired driving, occupant protection, police traffic services, community traffic safety projects, and paid advertising. The other grant categories included in the Plan, totaling over $3.3 million, are data records, alcohol impaired, racial profiling, and motorcycle safety. Member Gagner made a motion, seconded by Member Miller, and passed unopposed, to approve the following resolution: RES. NO. WHEREAS, Idaho experienced 25,002 reportable traffic crashes, 232 traffic deaths, ITB09-32 and 11,995 people injured in 2008; and WHEREAS, the economic cost of traffic crashes in Idaho for 2008 was nearly $2.6 billion; and WHEREAS, Idaho’s fatality rate for 2008 was 1.52 fatalities per 100 million annual vehicle miles traveled, which is higher than the estimated national rate of 1.27 fatalities per 100 million annual vehicle miles traveled; 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 $6 million in funding for Idaho to reduce traffic deaths and serious injuries; and WHEREAS, the Idaho Traffic Safety Commission and the Office of Highway Operations and Safety have developed the Highway Safety Performance Plan for federal FY10 to reduce Idaho traffic deaths, injuries, and economic losses; and WHEREAS, the Highway Safety Performance Plan is required by NHTSA in order to receive funding. NOW THEREFORE BE IT RESOLVED, that the Idaho Transportation Board adopts the Highway Safety Performance Plan, which is on file in the Office of Highway Operations and Safety, for federal FY10. Review of Local Stimulus Projects which Utilize ARRA State Stabilization (Education) Funds. Local Highway Technical Assistance Council (LHTAC) Administrator Lance Holmstrom reported that Idaho received approximately $29 million through Title XIV of the ARRA of 2009 for use at the Governor’s discretion. The legislature appropriated $17.5 million to LHTAC to fund highway projects on local roads with the advice and consent of the Board. He presented LHTAC’s recommended list of projects to fund. In response to Member Blick’s question on whether the projects are shovel-ready, LHTAC Administrator Holmstrom replied that shovel-ready is not a requirement of these Education funds. Chairman Manning asked if there are reporting requirements. LHTAC Administrator Holmstrom replied yes; however, he is not certain as to what the reporting requirements are for projects funded through Education. In response to Member Coleman’s question on how the projects were selected, LHTAC Administrator Holmstrom explained the process, including that projects must comply with FHWA regulations and must be eligible under the current Surface Transportation Program. The Council rated projects on factors such as if the entity is currently using a pavement management or asset management program, if the project is included in the local public agency’s five-year Transportation Capital Improvement Plan, if the county poverty rate is above the state poverty average, and if the average daily traffic volume on the roadway is over 400 vehicles per day. Member Coleman made a motion, seconded by Member Gagner, and passed unopposed, to approve the following resolution: RES. NO. WHEREAS, it is the intent of the Idaho Transportation Board to effectively utilize all ITB09-33 available federal-aid highway funding; and WHEREAS, the American Recovery and Reinvestment Act (ARRA) of FY09 allocated $29 million to Idaho for use at the Governor’s discretion; and WHEREAS, Idaho Senate Bill 1227 appropriated $17.5 million of the above funds to the Local Highway Technical Assistance Council (LHTAC) to fund grants for local highway infrastructure projects; and WHEREAS, the LHTAC solicited for highway infrastructure projects from Idaho local highway jurisdictions; and WHEREAS, the projects were evaluated and selected using criteria in accordance with ARRA Title XIV and Idaho Senate Bill 1227; and WHEREAS, the LHTAC desires the advice and consent of the Board regarding the projects proposed for Title XIV funds. NOW THEREFORE BE IT RESOLVED, that the Board authorizes the LHTAC to proceed with execution of such grants as necessary to accomplish the highway infrastructure projects as shown as Exhibit 378, which is made a part hereof with like effect; and BE IT FURTHER RESOLVED, that the LHTAC will present project status reports twice annually to the Board until all projects have been completed. State Highway System Economic Stimulus Savings Proposal. Dave Amick, Manager, Transportation Investments (MTI), reported that seven of the eight projects on the state highway system funded in March 2009 through ARRA have been awarded. Savings realized on these projects is around $33 million to date. The bid openings for the US-93, Twin Falls Alternate Route project are scheduled next week. At this time, staff is recommending funding the US-95, Wyoming Avenue to SH-53 project in the amount of $15.8 million with these savings. A complete proposal of projects that may use the remaining state system savings will be provided after the US-93, Twin Falls Alternate Route project is bid. Reasons for funding the US-95, Wyoming Avenue to SH-53 project are: it is the District’s top priority unfunded project in the Near Horizon’s portion of the Long Range Capital Improvement Plan; the project is sufficiently ready for obligation to meet ARRA federal obligation requirements; the project is a system expansion effort with long-term economic and multi-trade economic benefits consistent with the economic stimulus criteria; the project has safety benefits; immediate funding is needed to complete the purchase of right-of-way to meet the September 2009 obligation date; and the project is in an economically distressed area. Member Blick acknowledged the need to fund this US-95 project; however, he believes it should be included in the GARVEE Program. He supports using ARRA funds throughout the state and for projects that the Department is having difficulty funding. He believes GARVEE is a feasible funding source for this project. Vice Chairman Sweeney concurred with Member Blick. Additionally, he understands that this project is not shovel-ready. Although the project is worthy, he believes it should be funded in the GARVEE Program and stimulus savings should be used elsewhere in the state. Member Coleman understands the frustration with the exclusion of the Wyoming Avenue to SH-53 portion in the GARVEE Corridor; however, he believes the project meets the ARRA criteria and is needed to address safety and congestion concerns. This portion of US-95 is not in the GARVEE Program now, but the Board has an opportunity to fund this high priority project. Member Gagner referenced yesterday’s tour through this corridor. He recognizes the safety concerns and supports funding the project. Member Coleman made a motion, seconded by Member Gagner, to approve the following resolution: RES.
NO. WHEREAS, the American Recovery and
Reinvestment Act (ARRA) of 2009 has provided Idaho ITB09-34 $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 $148.6
million under the ARRA for state highway system 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, state highway system projects have been identified that can be
expeditiously delivered in accordance with the provisions of the ARRA and 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 identified $33.2 million in state highway
system ARRA project savings due to favorable bids for seven of the eight
projects advertized to date; and WHEREAS, the US-95, Wyoming Ave to SH-53, Hayden project meets the
economic stimulus and project readiness criteria of the ARRA. 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
US-95, Wyoming Avenue to SH-53, Hayden project in FY09 under the ARRA program. Member Whitehead said he drove this route shortly after his appointment to the Board. He is concerned with safety on this highway and supports funding the project, particularly because there are no guarantees that it will be included in the GARVEE Program or even that the GARVEE Program will receive additional bonding authorization. The motion passed 4-2 by individual roll call vote with Vice Chairman Sweeney and Member Blick dissenting. Member Coleman made a motion to authorize the use of savings from the ARRA Program to fund the US-95, Wyoming Avenue to SH-53 project. Member Gagner seconded the motion. It passed 5-1 by individual roll call vote with Member Blick opposing. Monthly Financial Statements and Highway Program Obligations. MTI Amick reported that over $176 million had been obligated for projects in the STIP by the end of June. This is 52% of the planned amount. At the same time last year, $224 million, or approximately 59%, had been obligated. Controller Gordon Wilmoth said the revenue to the State Highway Fund through May was $394,511,245, which is 6.2% below the forecast. Total expenditures of $368,017,481 were below projections because both federal and state funded construction expenditures are lagging. Revenue to the State Aeronautics Fund of $2,455,892 was $478,000 below projections. There is not a significant expenditure variance in this fund. Highway Cost Allocation Funding Request. ADA Tolman reported that a Highway Cost Allocation Study was completed in December 2007. Due to funding limitations and time constraints, the study relied on cost allocation factors from prior studies and the scope of the study was limited to a one-year revenue and expenditure cycle. There is a critical need to accurately evaluate the source of highway funding and the expenditures of those revenues by highway system both state and local. The study needs to be updated and expanded to use the most current allocation factors (what vehicle types are using which highway system) and the cost of construction and maintaining those systems over four to seven years to more accurately represent an average pattern of highway spending. ADA Tolman believes there are critical decisions that need to be made on how revenue sources are allocated to highway users, particularly with the use of GARVEE bonds and stimulus funds from FHWA. Funding for this study could be a combination of federal and state sources. The study would be essential for use by the Governor’s Transportation Funding Taskforce and would be expected to be completed six to nine months after a contract is signed. Member Gagner made a motion, seconded by Member Miller, and passed unopposed, to approve the following resolution: RES. NO. WHEREAS, it is in the public interest for the Idaho Transportation Department to accomplish a ITB09-35 current, realistic, and fiscally constrained Highway Capital Investment Program; and WHEREAS, it is the intent of the Idaho Transportation Board to effectively utilize all available federal and state capital investment funding; and WHEREAS, the 2005 Safe, Accountable, Flexible, Efficient Transportation Equity Act – a Legacy for Users (SAFETEA-LU) requires that a priority list of projects covering a four-year period be provided in a Statewide Transportation Improvement Program (STIP); and WHEREAS, a comprehensive Highway Cost Allocation Study is critical to accurately evaluate the source of revenue and the expenditures of those revenues by highway system; and WHEREAS, the Highway Cost Allocation Study completed in 2007 was of limited scope and relied on cost allocation factors from previous studies; and WHEREAS, a current, more complete study will be essential for use by the Governor’s Transportation Funding Taskforce; and WHEREAS, a cost allocation study is eligible for federal highway funds within the Department’s statewide planning program; and WHEREAS, the Department has estimated that the cost of a professional services contract to accomplish a comprehensive highway cost allocation study may be as much as $200,000; and WHEREAS, the Department has identified project savings in an FY09 federal project sufficient to fund the cost allocation study. NOW THEREFORE BE IT RESOLVED, that staff is authorized to add a Highway Cost Allocation Study project not to exceed $200,000 to FY09 of the statewide planning program in the FY09-13 Capital Investment Program; and BE IT FURTHER RESOLVED¸ that the FY09-13 STIP be amended as necessary to implement the above changes in accordance with the provisions of the SAFETEA-LU. GARVEE Financing Authorization.
ADA Tolman said earlier the Board
approved authorizing the financing of $250 million in bonds approved by the 2007
legislature, of which $211.2 million in bonds were issued. This consisted of
$179 million from Series 2008A and $32.2 million from Series 2009A. The 2009
legislature passed Senate Bill 1186 authorizing the Board to finance up to $82
million in project costs. ADA Tolman requested approval to combine the balance
of authorization from the 2007 legislation, in the amount of $38.8 million, and
the new authorization provided by Senate Bill 1186 and to approve the issuance
of bonds in a principal amount not to exceed $120.8 million. He added that this
approval is necessary due to legal requirements to keep the expenditures on
current projects tax exempt. Additionally, the Idaho Housing and Finance
Association must pass a resolution to issue bonds within 60 days of
expenditures actually occurring on projects to be financed by the bonds. The
timing of the sale of these bonds will be determined at a later date to meet
contracting requirements. Member Gagner made a
motion, seconded by Member Coleman, and passed unopposed, to approve the
following resolution: RES.
NO. WHEREAS, the Idaho Transportation
Department (ITD) strives to make available to the citizens ITB09-36 of
Idaho the finest transportation system via new construction projects and
management of statewide assets and has authorized the use of a Grant
Anticipation Revenue Vehicle (GARVEE) bonded program; and WHEREAS, the use of future federal funds today will save the state
money in the future; and WHEREAS, Title 40, Chapter 3 and Title 67, Chapter 62, of the Idaho
Code, as amended (the “Act”), authorizes the Idaho Housing and Finance
Association (IHFA) to issue bonds for the purpose of funding a highway capital
improvement program (the “GARVEE Program”) for financing all aspects of the
construction of highway projects eligible for federal reimbursement as
recommended and approved by the Idaho Transportation Board (ITB); and WHEREAS, the ITD, the ITB, and the IHFA have entered into a Master
Financing Agreement with respect to the bonds; and WHEREAS, issuing such bonds promotes the purposes of the GARVEE
Program; is in the public interest; serves a public purpose; increases
commerce; promotes the health, welfare and safety of the people of the State of
Idaho; and constitutes a proper exercise of the authority particularly set
forth in the Act; and WHEREAS, the 2007 Idaho legislature has passed and the Governor has
signed House Bill 336 authorizing ITD’s 2007 request for bonding authority under
Idaho Code Section 40-315(4) up to $250,000,000 of bonding authority of which
$211,245,000 has been issued by IHFA leaving $38,755,000 not issued to date,
and the 2009 Idaho Legislature has passed and the Governor signed Senate Bill
1186 GARVEE Bonding Authorization authorizing ITB’s request for bonding
authority under Idaho Code Section 40-315(4) up to $82,000,000 (collectively,
the “Legislative Authorizations”) and IHFA intends to issue certain tax exempt
bonds, Federal Highway Trust Fund Series, during state fiscal year 2010 in an
amount not to exceed $120,755,000, comprising the $38,755,000 remaining from
the authorization under House Bill 336 and $82,000,000 from the authorization
under Senate Bill 1186 (the “Bonds”), in order to provide funds to finance the
GARVEE Program for those projects (the “Projects”) referenced in the
Legislative Authorizations and other related legislation and this resolution
shall serve as evidence of the Board’s intention to proceed with issue of the
Bonds up to the amount stated and to reimburse its expenditures for the
Projects from the proceeds of the Bonds; and WHEREAS, there has been prepared a Preliminary Official Statement
relating to each series of the bonds and the distribution thereof to potential
bond purchasers and the distribution to all actual purchasers of the bonds of a
final Official Statement will thereafter be carried out; and WHEREAS, other bonding documents will also be needed to be executed
setting forth the applicable series of bonds. NOW THEREFORE BE IT RESOLVED, by the Board as follows: 1. Pursuant to the Act, the Board approves the Projects and recommends to IHFA the financing thereof through the issuance of the Bonds in an aggregate principal amount not to exceed $120,755,000, $38,755,000 from the bonding authority approved by House Bill 336 and $82,000,000 from the bonding authority approved by Senate Bill 1186; provided that: (a) the ITD and the ITB have entered into a supplement to the Master Financial Agreement relating to the Bonds and previously executed; and (b) the ITD has provided to the IHFA all of the certificates, documents and information required under Idaho Code Section 67-6210(k). 2. The Chairman and/or Director is hereby authorized and directed, for and in the name and on behalf of the ITB, to execute the following bonding documents and any other documents required for the closing of the bonds setting forth the terms of the applicable series of bonds together with such additions or changes in the form thereof as may deem necessary or advisable, such approval to be conclusively evidenced by the execution of said bonding documents as so added to or changed. Final Official Statement Supplemental to Master Financial Agreement Master Trust Indenture Series Trust Indenture 3. Further, the Board and ITD will keep books and records of all expenditures and will make a reimbursement allocation, which is a written allocation that evidences the use of proceeds of the Bonds for Project expenditures no later than 18 months after the later of the date on which the expenditure is paid or the related Project is placed in service or abandoned, but in no event more than three years after the date on which the expenditure is paid. Finally, that this resolution evidences the Board’s intent and reasonable expectation under Treas. Reg. Section 1.150-2(d)(1) to use the proceeds of the Bonds to pay certain costs of the Projects and to reimburse the Board and ITD for expenditures for the costs of the Projects paid prior to the issuance of the Bonds to the extent permitted by federal tax regulations. GARVEE Program Allocation of Savings and FY10 Program Update. GARVEE Program Engineer (GPE) Amy Schroeder provided highlights of the GARVEE Program. In response to the focus on improving customer service, extensive efforts are underway to inform the public of the I-84, Vista Interchange replacement project. She elaborated on the Single Point Urban Interchange design for the structure. GPE Schroeder reported that $490 million has been contracted through June, with $310 million expended. There are 23 construction contracts, 6 supply contracts, and 60 consultant agreements. In response to Member Gagner’s question on the feasibility of utilizing some of the Connecting Idaho Partners’ (CIP) software programs, such as project scheduling, Chief Engineer Tom Cole replied that staff’s intent is to utilize some of the programs. Staff is reviewing various programs and will incorporate a number of CIP’s philosophies, either in whole or parts that would be applicable to ITD. GPE Schroeder summarized the savings to date due to lower than anticipated bids and additional funds available due to the construction of the I-84, Vista Avenue Interchange with federal stimulus funds. Approximately $43 million in savings has been realized. GARVEE Program Administrator Jason Brinkman presented the revised FY10 Working Plan that incorporates the recommendations to utilize $43.7 million in savings and the allocation plan for the $82 million bonding authority that the legislature approved for FY10. The recommendation is based on the original program scope of the program, project readiness, and smart management of bonds, including using the savings first, complying with the new legislative intent language, and postponing the next bond sale until it is needed. Member Whitehead made a motion, seconded by Member Coleman, and passed unanimously, to approve the following resolution: RES. NO. WHEREAS, the Idaho Transportation Board is
charged with determining the timeframe ITB09-37 and scope of improvements for the State Transportation System; and WHEREAS, Idaho Code 40-315 authorizes federal-aid debt financing
through the issuance of Grant Anticipation Revenue Vehicle (GARVEE) bonds by
the Idaho Housing and Finance Association for highway transportation projects;
and WHEREAS, legislative appropriations enacted in 2006, 2007,
2008, and 2009 authorized the issuance of GARVEE bonds to finance a total of
$681 million in projects; and WHEREAS, the Board is granted the statutory responsibility
and duty to allocate GARVEE bond proceeds among legislatively authorized
projects, including the following: US-95, Garwood to Sagle US-95, Worley to Setters SH-16 Extension, I-84 to South Emmett I-84, Caldwell to Meridian I-84, Orchard to Isaacs Canyon US-30, McCammon to Soda Springs; and WHEREAS, substantial savings from low construction bids on
prior authorization projects are available from the US-30, McCammon to Soda
Springs project and I-84, Orchard to Isaacs Canyon project; and WHEREAS, the Legislature has expressed intent that any savings realized from lower than
expected cost estimates or other efficiencies shall be applied to existing projects as soon as is
practicable per 2009 Session Law Chapter 203, Section 6 (Senate Bill No. 1186);
and WHEREAS, a revised bonding philosophy has
been presented to the Board to ensure the ongoing conservative and advantageous
use of bond funds. NOW THEREFORE BE IT
RESOLVED, that
the Board approves the reallocation of savings from fiscal year 2008 and 2009
legislative appropriations to fund the I-84, Cole Road to Orchard Street,
Orchard Street to Vista Avenue, and Vista Avenue to Broadway Avenue, Boise
construction contract (keys #09819, #09820, and #09823), known informally as
the I-84, Cole to Broadway reconstruction, within the I-84, Orchard to Isaacs
Canyon project; and BE IT FURTHER
RESOLVED, that
the Board approves the GARVEE FY10 Working Plan, which is on file in the GARVEE
Program Office, a summary of which has been provided to the Board. Old Business. Member Gagner believes it is imperative to continue efforts on the performance management program. It is a complex initiative. For ease of discussion, he believes it should have a name that describes what the Department is accomplishing. Member Gagner made a motion to use the acronym TRIP, which stands for Transportation Results, Improvements, and Performance, to describe the Department’s performance management program, contingent on the acronym not having been copyrighted. Member Miller seconded the motion and it passed unopposed. WHEREUPON, the Idaho Transportation Board’s regular monthly meeting officially adjourned at 3:40 PM. _________________signed_____________ DARRELL V MANNING, Chairman Read and Approved August 20, 2009 Rigby, Idaho
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