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DISTRICT 1 TOUR AND REGULAR MEETING

OF THE IDAHO TRANSPORTATION BOARD

 

July 18-19, 2012

 

The Idaho Transportation Board met at 8:00 AM, on Wednesday, July 18, 2012, in Coeur d’Alene, Idaho. The following principals were present:

            Jerry Whitehead, Chairman

            Jim Coleman, Vice Chairman – District 1

            Julie DeLorenzo, Member – District 3

            Jim Kempton, Member – District 4

            Lee Gagner, Member – District 6

            Brian W. Ness, Director

            Scott Stokes, Chief Deputy

            Larry Allen, Deputy Attorney General

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

 

District 1 Tour. The Board met with the Coeur d’Alene Chamber of Commerce and area businesses to discuss the importance of a good transportation system to the economy. It traveled I-90 west to the construction site of the I-90, Beck Road Interchange in Post Falls. The tour continued north on SH-41 and local roads to the Coeur d’Alene Airport.

 

Coeur d’Alene Airport Manager Greg Delavan reported on activities at the airport. The master plan was recently updated. A grant was received to make improvements to the runway and taxiway. A study is underway to consider connecting Ramsey Road. The road, often used as an alternate to US-95, is dissected by the airport. Manager Delevan expressed support for airport land use planning efforts. In closing, he commended Aeronautics Administrator (AA) John DeThomas, his staff, and the Aeronautics Advisory Board (AAB) for their assistance and efforts to address the state’s aviation issues.

 

The Board traveled US-95 north of Coeur d’Alene. It viewed several GARVEE projects under construction before returning to Coeur d’Alene via US-95 south.

 

            WHEREUPON the tour recessed at 3:20 PM.

 

 

July 19, 2012

 

The Board reconvened at 8:00 AM on Thursday, July 19, 2012, at the Idaho Transportation Department, District 1 Office, in Coeur d’Alene, Idaho. All members were present except Members Jan Vassar and Dwight Horsch; however, Member Vassar participated in the morning session via teleconference.

 

Board Minutes. Member Gagner made a motion to approve the minutes of the regular Board meeting held on June 13-15, 2012 as submitted. Member DeLorenzo seconded the motion and it passed unopposed.

 

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

            August 15-16, 2012 – District 6

            September 19-20, 2012 – District 4

            October 17-18, 2012 – Boise

 

Consent Calendar. Vice Chairman Coleman made a motion, seconded by Member DeLorenzo, and passed unopposed, to approve the following resolution:

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

ITB12-23        approves the addition of the Local Highway Technical Assistance Council Pre-Project Planning to FY12 of the Local Rural Program, and has received and reviewed the FY12 annual report of activities to the Board of Examiners, the contract award information, the professional services agreements and term agreement work task report, the administrative and legal settlements of right-of-way acquisitions, and the annual report on expenditures from the State Railroad Grade Crossing Protection Fund.

 

1) Add Local Highway Technical Assistance Council (LHTAC) Pre-Project Planning to FY12 Local Rural Program. Staff initiated a pre-project planning and project charter process to help ensure that the scope of projects is maintained throughout the development and construction of projects. This tool will help provide on-time and on-budget delivery of construction projects. LHTAC is partnering with ITD to integrate pre-design and pre-National Environmental Protection Act data gathering activities, implement ITD’s vision of employing project management principles, and provide evaluation phase project charters on all potential projects being requested for inclusion in the Idaho Transportation Investment Program (ITIP). LHTAC is requesting $50,000 for the LHTAC Pre-Project Planning project in FY12 of the Surface Transportation Program – Local Rural Program. Funding for this new project will be from savings on the Local Asset Management project, key #9267.

 

2) FY12 Annual Report of Activities to the Board of Examiners. ITD did not submit any items to the Board of Examiners during FY12.

 

3) Contract Awards. Key #8772 – Deep Creek Bridge, #4, Boundary County, District 1. Low bidder: C. E. Kramer Crane and Contracting, Inc. – $636,661.

 

Key #12917 – SH-16, Phyllis Canal Bridge and South Stage, District 3. Low bidder: Concrete Placing Company, Inc. - $10,780,153.

 

The low bid on key #11238 – Johnson Creek Airport Bridge, Valley County, District 3, was more than ten percent over the engineer’s estimate, requiring justification. The Engineer’s Estimate was based on the Average Unit Price Report. There were a few items in the contractor’s bid that were significantly higher than the Engineer’s Estimate; however, staff believes the remote location and relatively small size of the project were the main reasons the low bid exceeded the engineer’s estimate. The bridge is posted and currently restricts access to heavier vehicles. Staff does not believe re-advertising the project would result in significant savings, so recommended awarding the project. Low bidder: Granite Excavation, Inc. - $764,670.

 

Key #8670 – SH-55, North Fork Payette River Bridge, Cascade, District 3. Low bidder: Wadsworth Brothers Construction Company, Inc. - $4,830,581.

 

Key #11607– SH-24, Minidoka County Line to Sids Road, Lincoln County, District 4. Low bidder: Western Construction, Inc. - $3,180,511.

 

Key #8145 – East Airport Road; North Airport to Highland Drive, Blackfoot, District 5. Low bidder: Gale Lim Construction LLC - $779,998.

 

4) Professional Services Agreements and Term Agreement Work Task Report. From May 25 through June 28, $2,301,212 in new professional services agreements and work tasks were processed. Fifteen supplemental agreements to existing agreements were issued during this period in the amount of $720,231.

 

5) Administrative and Legal Settlements of Right of Way Acquisitions. From January 1 through June 27, 2012, the Right of Way Section processed 60 parcels. There were 22 administrative settlements and 8 legal settlements during this time frame.

 

6) Annual Report on Expenditures from the State Railroad Grade Crossing Protection Fund. As of June, approximately $1.3 million, excluding unspent obligated funds for programmed projects, were available in the State Railroad Grade Crossing Protection Fund. Twenty-four projects are programmed for state fiscal year 2012 through 2016 for over $1.2 million. During calendar year 2011, there were 10 vehicle-train collisions at public rail-highway crossings, resulting in 1 fatality, 1 injury, and 8 property damage incidents.

 

Director’s Report. Director Ness reported on various activities and meetings from the past month, including the dedication of the US-95, Sandpoint Byway project and the annual Western Association of State Highway and Transportation Officials conference. The conference agenda included a presentation from District 5 staff on its winter maintenance measures.

 

The federal transportation reauthorization bill, Moving Ahead for Progress in the 21st Century, or MAP-21, has been signed into law. Although staff is still reviewing the bill, some of the highlights include Idaho’s funding level for highways is basically the same as it was under the previous bill while transit funds increased, the environmental review process will be expedited, the number of programs has been reduced to five, and performance measures will need to be developed.

 

The Executive Team provided an update on the Strategic Plan. A number of activities have been identified to pursue to promote safety, mobility, and economic opportunity. The process includes extensive outreach with external partners and stakeholders.

 

Delegation – Jeremy Pisca, Representing the M3 Companies. Mr. Pisca acknowledged the state’s transportation funding shortfall and that highways are vital to the economy. He summarized the Transportation and Economic Development Zone (TEDZ) legislation proposed in 2012. The innovative funding mechanism for transportation projects combines the federal Transportation Infrastructure Financing and Innovations Act, which is a federal loan, and TEDZ. TEDZ involves identifying boundaries and diverting a portion of the estimated sales taxes collected within that zone to a specific project fund. The fund is continuously appropriated for the purpose of paying the debt service of the highway project.

 

Mr. Pisca said the proposal requires ITD and the Department of Commerce to work cooperatively to select a state highway project to fund via this mechanism and also to approve the boundaries. Additionally, a majority of local jurisdictions within the identified boundary must approve formation of the zone. ITD retains control over the highway projects. He believes TEDZ would benefit transportation and the economy. He acknowledged additional work needs to be done on the proposed legislation and requested ITD staff assistance.

 

In response to Member Gagner’s question on who would own the debt, Mr. Pisca replied the state, not ITD, would be responsible for the debt through a continuously-appropriated account derived from the state sales tax. Discussion followed on the merits of the proposal. The Board expressed support to pursue the TEDZ legislation. It would like more information on the concept, and stressed that the proposal needs to be applicable statewide.

 

Chairman Whitehead thanked Mr. Pisca for the presentation and said the Board will revisit the draft TEDZ legislation.

 

Delegation – City of Post Falls. Post Falls Mayor Clay Larkin thanked the Board for its time. He also recognized Vice Chairman Coleman and District 1 Engineer (DE) Damon Allen and his staff for their assistance and support. He expressed appreciation for the I-90, Beck Road Interchange. Mayor Larkin commented on the importance of public transportation. Some services have been reduced and ridership has decreased. Establishing a regional public transportation authority is being explored.

 

Mayor Larkin said efforts have been underway for some time to construct another north-south connection, as I-90 divides Post Falls. Insufficient access is a public safety concern, particularly as the municipality continues to grow. He said the City of Post Falls is willing to fund the construction of an overpass at Greensferry Road if ITD will be responsible for constructing the project. He requested Board approval for this partnership.

 

The consensus of the Board was to partner with the City of Post Falls for the construction of the I-90, Greensferry Overpass project. Chairman Whitehead thanked Mayor Larkin for the City’s initiative on this project and asked DE1 Allen to prepare a formal proposal for the Board’s consideration at a future meeting.

 

Delegation – Bonner County Area Transportation Team (BCATT). BCATT representative Susan Kiebert thanked the Board for the various improvements being made to the transportation system in the area. She thanked Vice Chairman Coleman for his leadership and the other Board members for their dedicated service to the state. She also acknowledged DE1 Allen and his staff for their assistance and the excellent working relationship they have established.

 

Chairman Whitehead thanked Ms. Kiebert for her comments.

 

Delegation – City of Sandpoint. Sandpoint Mayor Marsha Ogilvie thanked the Board for constructing the US-95, Sandpoint Byway project. She believes it is imperative to realign US-2 to remove through traffic from downtown Sandpoint. The City has funded a concept study and is now conducting a downtown street study. The intent is to assume jurisdiction of old US-95 and US-2 upon completion of the Sandpoint Byway and US-2 realignment projects. In closing, she thanked the Board for its time.

 

Vice Chairman Coleman reported that the Subcommittee on State Highway System Adjustments discussed the US-2 project, also referred to as “the Curve” project, yesterday. The Subcommittee supports funding the US-2 realignment project and intends to recommend including the project in the current ITIP. He confirmed the Board’s desire to relinquish the state routes in downtown Sandpoint to the City. (See later minute entry.)

 

Chairman Whitehead thanked Mayor Ogilvie for her comments.

 

Delegation – City of Ponderay. Carol Kunzeman, Mayor of Ponderay, thanked the Board for the various transportation improvements underway in the Ponderay area, especially the US-95, Sandpoint Byway project. She also acknowledged the service of the Board members.

 

Chairman Whitehead thanked Mayor Kunzeman for her remarks.

 

Adopt-A-Highway Presentation (AAH). Vice Chairman Coleman recognized the Mennonite Youth Group from Boundary County for its participation in the AAH Program. The group has been picking up litter along US-95 since 2008. It is currently responsible for mileposts 512 to 520.

 

Public Transportation Update and I-Way Leadership Award. Cliff Warren, District 1 Mobility Manager, reported on the public transportation services in northern Idaho. Efforts are underway to expand services and improve coordination. Some of the challenges are local funding, increasing ridership, and increasing public awareness of the advantages of transit.

 

Christine Fueston with Kootenai County Transit elaborated on the transit efforts in Kootenai County. She emphasized the importance of transportation alternatives, especially for smaller, rural communities. Funding is the biggest obstacle, although she is optimistic that MAP-21 may provide more money for public transportation.

 

Mr. Warren presented the I-Way Leadership award to Selkirk Pend Oreille Transit. The multijurisdictional effort to provide public transportation in the greater Dover – Sandpoint area has been very successful, with a steady increase in ridership since its debut in June 2011.

 

Freight Study and Rail Plan Status Update. Maureen Gresham, Freight Study/Rail Plan Project Manager, provided an update on the freight study and rail plan. The following key issues and opportunities have been identified through stakeholder participation: limited system connectivity and access, inconsistent policies and regulation, lack of collaboration and partnering, and limited resources and funding. The next steps for the Freight Study are to establish goals or performance measures and scenarios. A draft plan and recommendations are scheduled to be presented to the Board in October. The Rail Plan Update process includes identifying preliminary project recommendations and then screening and analyzing projects. The draft report and recommendations are expected in March 2013.

 

Chairman Whitehead thanked Ms. Gresham for the report and for her efforts on this important project.

 

Idaho Moves Freight. Litehouse representatives Doug Hawkins and Slate Kamp provided an overview on Litehouse. They emphasized the importance of the highway system, particularly the efficient movement of freight. With a just-in-time manufacturing philosophy, the company relies on trucks to deliver fresh ingredients to the plant in Sandpoint and distribute fresh products throughout the country. The representatives requested outreach to the trucking industry when ITD considers infrastructure improvements. Some projects may not be trucker friendly, so they believe the trucking industries’ perspective on proposed projects would be beneficial.

 

Vice Chairman Coleman acknowledged the importance of understanding the trucking industries’ needs when infrastructure projects are being considered. Chairman Whitehead thanked Messrs. Hawkins and Kamp for addressing the Board.

.

Monthly Financial Statements. Transportation Investments Manager (TIM) John Krause reported that net cumulative obligations were $249,000,000 as of June 30, of which $239,300,000 had a budget scheduled on October 1. The original budget cost associated with the scheduled obligations is $284,400,000. Net cumulative obligations are 6.8% higher than June’s historical trend of $233,200,000.

 

Controller Gordon Wilmoth said Federal Highway Administration (FHWA) Indirect Cost Allocation revenue through May was $29,512,000, which exceeded the projected amount of $27,925,000. Revenue from the Equipment Buy Back Program was $11,670,000, while the projection was $11,715,000. Miscellaneous state funded revenue of $30,526,000 was $1,505,000 above the forecast. Highway Distribution Account revenue, excluding ethanol exemption elimination, was $164,529,000. The projected revenue was $164,304,000. Revenue from the ethanol exemption elimination was $14,040,000, which was 4.6% below the projected amount. Revenue to the State Aeronautics Fund from aviation fuels was $1,431,000, or $57,000 less than the forecast.

 

Total expenditures in the American Recovery and Reinvestment Act Title XII Fund for highway projects were $172,730,000, while $178,800,000 had been appropriated. Expenditures for public transportation were $8,550,000 of the $9,200,000 available.

 

End-of-Year Programming Process. TIM Krause said additional funds may be available for projects next month due to savings, redistribution of federal obligation authority not used by other states, and FY12 projects that are not ready for Plans, Specifications, and Estimates. There may also be un-programmed project needs. Staff is evaluating the status of projects and available funding. It will prepare an end-of-the-year plan for the Board’s consideration next month.

 

Chairman Whitehead thanked TIM Krause for the informative overview on that process.

 

Re-scope and Delay Cheyenne (South Valley Connector) Overpass, Pocatello, to FY13. DE5 Ed Bala said the recent replacement of the Topaz Bridge on US-30 removed the last mobility and economic development restriction on the I-15/US-30 corridor. Regional planning efforts have identified an opportunity for ITD and the City of Pocatello to work cooperatively to ensure the continued support of regional economic development through modifying the proposed Cheyenne Overpass to better accommodate industry and mobility. DE5 Bala proposed redesigning the Cheyenne Overpass to cross under I-15, eliminating the potential restriction on I-15 for overlegal loads. The cost of reconfiguring the structure is $2.75 million and would result in delaying the project to FY13. The additional funding required would be provided as a loan to the Bannock Transportation Planning Organization.

 

The Board expressed support for the proposal and thanked DE5 Bala for his efforts to enhance mobility and economic opportunities. (See later minute entry.)

 

Proceed with Public Involvement for the Draft FY13-17 ITIP. Chief Operations Officer (COO) Paul Steinman presented the updated draft FY13-17 ITIP. As a result of the June Workshop on the Program, staff analyzed and prioritized additional projects for funding, using a data-driven approach. Upon Board concurrence, the draft ITIP will be released for public review and comment next month and presented to the Board for approval in September.

 

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

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

ITB12-24        to publish and accomplish a current, realistic, and fiscally constrained five-year Highway Development Program; and

 

WHEREAS, it is the intent of the Idaho Transportation Board to effectively utilize all available federal, state, local, and private capital investment funding; and

 

WHEREAS, the Board is charged with maintaining a transportation system to accommodate all users; and

 

WHEREAS, the City of Pocatello is developing the Cheyenne South Valley Connector, which will cross I-15 near milepost 66; and

 

WHEREAS, the proposed structure would restrict the height of commercial vehicles using the interstate system; and

 

WHEREAS, the City of Pocatello desires to partner with the Department to provide an undercrossing of I-15 instead; and

 

WHEREAS, redesign of an undercrossing requires delay to FY13; and

 

WHEREAS, current funding is insufficient to provide an undercrossing; and

 

WHEREAS, Idaho Code 40-317 gives the Board the authority to “Cooperate with the federal government, counties, highway districts, and cities for construction, improvement, and maintenance of secondary or feeder highways not in the state highway system”; and

 

WHEREAS, the Surface Transportation Program - Local Urban Committee has discussed repayment of a loan in FY16 through delaying the Bannock Transportation Planning Organization reconstruction of I-15B, Intersection Alameda and Jefferson, Pocatello (key #11657) to FY17.

 

NOW THEREFORE BE IT RESOLVED, that the Board approves the delay and re-scoping of Cheyenne Overpass, Pocatello from FY12 to FY13 as Cheyenne South Valley Connector with an additional $2.75 million provided by FY13 ITD discretionary funds discussed within the Draft Idaho Transportation Investment Program Board Item.

 

Vice Chairman Coleman reiterated the Board Subcommittee on State Highway System Adjustments’ support to add the Sandpoint, US-2 realignment project to the ITIP. He asked if the project needs to be added now, before the draft document is released for public review and comment. COO Steinman replied that the Board will have an opportunity to amend the ITIP in September, before approving it.

 

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

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

ITB12-25        to publish and accomplish a current, realistic, and fiscally constrained five-year Idaho Transportation Investment Program (ITIP); and

 

WHEREAS, it is the intent of the Idaho Transportation Board to effectively utilize all available federal, state, local, and private capital investment funding; and

 

WHEREAS, the program update cycle requires cooperation with partner agencies in its calendar of activities; and

 

WHEREAS, the Board reviewed the Draft FY13-17 ITIP at its Program Workshop on June 13, 2012; and

 

WHEREAS, the next activity in the program update cycle is public review and comment per 23 Code of Federal Regulations 450.210; and

 

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

 

NOW THEREFORE BE IT RESOLVED, that the Board will commence public involvement in August with project and program information incorporated from:

1)  The publication entitled Draft FY13-17 ITIP, July Board Meeting, which is on file in the Office of Transportation Investments; and

 

2)  Attachment A - Additional Projects for Comment by the Public, as shown as Exhibit 415, which is made a part hereof with like effect.

 

Executive Session on Personnel and Legal Issues. Vice Chairman Coleman 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(b), (d) and (f). Member DeLorenzo seconded the motion and it passed 5-0 by individual roll call vote.

 

Member Vassar discontinued participation in the meeting at this time due to technical difficulties with the teleconference system.

 

A discussion was held on personnel and legal matters.

 

The Board came out of executive session at 2 PM. No final actions or decisions were made.

 

Chairman Whitehead welcomed Senator Goedde to the meeting. He also thanked Senator Goedde for participating in part of the tour yesterday.

 

Legislative Proposals. Government Affairs Manager Mollie McCarty presented eight legislative ideas for the Board’s consideration. The concepts are to be submitted to the Division of Financial Management (DFM) by August 1. Extensive discussion followed on proposals for the Division of Aeronautics, specifically revenue enhancement and airport land use planning. Chairman Whitehead and Vice Chairman Coleman attended the AAB meeting on July 17 to discuss the Division’s budget and revenue concerns. The AAB was asked to develop a plan to increase revenue and present the proposal to the Board next month. The Board also noted that the Idaho Association of Realtors® submitted a letter in opposition of the proposed land use planning legislation as currently drafted.

 

Member Kempton made a motion to approve the resolution to submit all eight legislative ideas to DFM. Member Gagner seconded the motion.

 

Member DeLorenzo made a motion to amend the resolution to remove the airport land use planning idea from the package to submit to DFM. Vice Chairman Coleman seconded the motion. Upon a two-two tie with Vice Chairman Coleman and Member DeLorenzo voting in the affirmative, Chairman Whitehead also voted aye. The motion to amend the resolution passed 3-2.

 

Member DeLorenzo made a motion, seconded by Vice Chairman Coleman, to approve the amended resolution:

RES. NO.        WHEREAS, the Idaho Governor’s Office has requested that state agencies submit

ITB12-26        legislative ideas to the Division of Financial Management (DFM) for review and approval; and

 

WHEREAS, the Idaho Transportation Board has requested that staff prepare and submit legislative ideas that will serve to advise the Governor and DFM of agency issues with legislative solutions.

 

NOW THEREFORE BE IT RESOLVED, that the Board approves submittal of legislative ideas for aircraft registration change, state designation of airports, municipal airports – state review of federal grant requests, salvage title issuance by the Department, staggered vehicle registrations from first date of registration, pilot registration change, and relinquishing state routes to locals to DFM, and, upon approval, the development of draft legislation by Idaho Transportation Department staff for subsequent review and approval.

 

Upon a two-two tie with Vice Chairman Coleman and Member DeLorenzo voting in the affirmative, Chairman Whitehead also voted aye. The motion passed 3-2.

 

Vice Chairman Coleman and Member DeLorenzo expressed support for the land use planning legislation, but believe it is imperative to work with opponents to address their concerns. They are optimistic that the issues can be resolved and are hopeful another entity will carry the legislation in 2013.

 

Member Gagner indicated he supported the inclusion of the land use planning idea in ITD’s package at this time because he is also optimistic that a collaborative effort with the Idaho Association of Realtors® will result in its support of proposed legislation.

 

Overview of the Eminent Domain Right of Way Process. Acting Right of Way Manager/ Transportation Systems Manager (TSM) Jason Brinkman summarized ITD’s process to acquire property for highway projects. He outlined the appraisal process, offer and negotiation procedures, settlements, and the decision process when properties are sent to the Attorney General’s Office for condemnation.

 

Chairman Whitehead thanked TSM Brinkman for the informative presentation.

 

District 1 Report. DE1 Allen reported on some of the District’s activities and accomplishments. The status of some of its performance measures include delivering on time all nine of the projects it committed to delivering by July 1, 2012 plus advancing one project; 84% of the pavement is in good condition, which exceeded the goal of 82%; and 70% of the bridges district-wide are in good condition, which is below the goal of 80%.

 

The District incorporated the new winter performance plan, based on storm index. The benefits of the winter level of service initiative is improved safety and mobility and more efficient use of materials, personnel, and equipment. DE1 Allen commended the collaboration with others and highlighted a number of partnerships, including with the private sector to construct the I-90, Beck Road Interchange through the STARS (Sales Tax Anticipation Revenue) legislation; the City of Sandpoint on a proposal to realign US-2 and remove through-traffic from downtown; and the City of Rathdrum on the reconstruction of the SH-41/SH-53 Bridge. In closing, he announced Assistant District Engineer Andrea Storjohann’s retirement and thanked her for her extensive, dedicated service to ITD.

 

Chairman Whitehead thanked DE1 Allen for the report and the District’s hospitality. He also acknowledged District 1’s dedicated staff and its responsiveness.

 

Highway Safety Performance Plan. Highway Safety Manager (HSM) Brent Jennings said the National Highway Traffic Safety Administration requires a Highway Safety Performance Plan that outlines the behavior highway safety program for the year. The goal of the program is to eliminate highway fatalities and injuries. The Plan is data-driven, focuses on specific areas, includes performance measures, and aligns with the Department’s Strategic Plan and Strategic Highway Safety Plan. He provided the draft document for review and will request approval of the Plan next month.

 

Chairman Whitehead thanked HSM Jennings for the presentation and for his efforts to improve highway safety.

 

Revisions to 2009 Manual on Uniform Traffic Control Devices (MUTCD). Carl Main, Traffic  Services Engineer, requested revisions to Rule 39.03.41, Rules Governing Traffic Control Devices. Two main revisions have been made to the 2009 Manual. The first change includes revisions to definitions and guidance relating to traffic control devices to clarify the definition of Standard statements in the MUTCD and clarify the use of engineering judgment and studies in the application of traffic control devices. The second revision modifies compliance dates for traffic control devices.

 

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

RES. NO.        WHEREAS, Idaho Code Sections 40-313, 49-201(3), and 67-523A give the

ITB12-27        Idaho Transportation Board authority to establish guidelines for the design, construction, and implementation of traffic control devices; and

 

WHEREAS, the Manual on Uniform Traffic Control Devices (MUTCD) is incorporated by reference in 23 Code of Federal Regulations, Part 655, Subpart F and is recognized as the national standard for traffic control devices on all public roads open to public travel; and

 

WHEREAS, the Federal Highway Administration has adopted the 2009 MUTCD including Revisions One and Two dated May 2012, and effective date of June 13, 2012; and

 

WHEREAS, the Idaho Transportation Department, the Local Highway Technical Assistance Council, and the FHWA, Idaho Division, have reviewed the 2009 MUTCD including Revisions One and Two as well as the recommended conforming additions to bring the manual in line with Idaho Code, correct errors, and accommodate the operations of the Department and local transportation agencies.

 

NOW THEREFORE BE IT RESOLVED, that the Board approves the IDAPA 39.03.41, July 2012, and authorizes the Department to proceed with rule-making.

 

Revised Administrative Rule on Right-of-Way Encroachments. Highways Operations Engineer (HOE) Greg Laragan reported on efforts to develop an amended administrative rule that streamlines the access permit application process and is compatible with the goals of safety, mobility, and economic opportunity. A committee reviewed access management policies and helped draft the proposed rule change. One key element is the revised access spacing table. The spacing table in the existing rule is based on access classifications tied to functional classification. The new table has been coordinated with the new corridor analysis and planning concepts. It is based on the importance of each route. Another proposed revision to the rule is that the District Engineer has been given the authority to approve or deny access permits, with economic considerations now a part of the decision-making process. Although the likelihood of appeals is being reduced, when appeals are necessary, they will come directly to the Board or its delegate. HOE Laragan noted that the presentation is for informational purposes. He intends to request Board approval of the rule revisions and the corridor planning map next month.

 

Vice Chairman Coleman acknowledged HOE Laragan, DE6 Blake Rindlisbacher, and DAG Chris Kronberg for their efforts on access management issues. Member Gagner recognized Vice Chairman Coleman’s leadership on the Access Management Committee.

 

Rule Change to 39.02.60, Rules Governing License Plate Provisions. Chris Fisher, Internal Communication and Registration Specialist, proposed revisions to IDAPA 39.02.60 to comply with new restrictions to special plate programs established in Senate Bill 1243. The legislation included parameters for the application and approval of the application for the special license plate program to rein in the proliferation of specialty license plates. It also ensures greater accountability for funds collected through this program. The entity must submit a financial plan, pay all upfront programming and administrative fees, submit a list of 250 Idaho applicants who are registered in the State of Idaho who intend to purchase the specialty plate, and provide an annual report to ITD.

 

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

RES. NO.        WHEREAS, Idaho Code Chapter 4 Title 49 was amended to establish new

ITB12-28        restrictions to special plate programs by Senate Bill 1243, 2012; and

 

WHEREAS, a section was added to Idaho Code Chapter 4 Title 49 that puts parameters around the application for and approval of the application for Special License Plate programs to rein in the proliferation of specialty license plates and to ensure greater accountability for funds collected through the special plate programs; and

 

WHEREAS, Senate Bill 1243, Section 49-402D (d) authorizes the Idaho Transportation Department to adopt and promulgate rules to carry out the provisions of the section; and

 

WHEREAS, Senate Bill 1243 became effective July 1, 2012, a temporary rule is needed to carry out the provisions of law.

 

NOW THEREFORE BE IT RESOLVED, that the Idaho Transportation Board adopts a temporary rule to carry out the provisions of Senate Bill 1243, 2012.

 

Proposed Changes to IDAPA 39.02.12, Certificates of Title and Bonded Certificates of Title. Barry Takeuchi, Outreach/Title Program Specialist, requested changes to IDAPA 39.02.12. When an owner acquires a vehicle less than ten years old and is not able to obtain the ownership documents necessary to obtain a regular title, the owner must obtain a surety bond valid for three years and apply for a bonded title in addition to meeting other requirements. Currently, the rule indicates that a bonded title is to expire three years from the date of issuance. Because there is an interval between the bond purchase date and the date the bonded title is issued, a gap at the end of the three-year period is created. This can result in issues in ownership for both the seller and potential buyer. The proposed rule revision will align a bonded title’s brand expiration date with the bond’s expiration date, eliminating customer issues that may occur due to the bond expiring prior to the brand’s expiration date.

 

Additionally, to address the concern that the owner may apply for the bonded title just before the bond expires, the revisions include that the owner obtain a bond rider if more than 90 days has passed since the bond was obtained. Other language within the rule is being updated to reflect current code references and business practices. 

 

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

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

ITB12-29        requested changes to Administrative Rules; and

 

WHEREAS, the Board finds the requested changes to the Administrative Rule protects parties who may have a current or future interest in vehicles with bonded certificates of title.

 

NOW THEREFORE BE IT RESOLVED, that the Board approves the recommended changes to Administrative Rule:

IDAPA 39.02.12, Rules Governing Issuing Certificates of Title and Bonded Certificates of Title, which

-          Aligns the brand expiration on a bonded certificate of title with the bond’s expiration, and

-          Requires an applicant for a bonded certificate of title to obtain a bond rider if he applies for title more than 90 days after the bond was issued; and

 

BE IT FURTHER RESOLVED, that the Board directs staff to promulgate temporary rule making effective August 1, 2012 and proceed with regular rule making at the same time for the changes as listed above for Administrative Rule.

 

Rules Governing Movement of Disabled Vehicles. Reggie Phipps, Vehicle Size and Weight Specialist, said IDAPA 39.03.10, Rules Governing When an Overlegal Permit is Required, causes confusion by both industry and ITD staff. She requested removing language regarding the movement of disabled vehicles from 39.03.10 and creating a new rule, IDAPA 39.03.04, Rules Governing Movement of Disabled Vehicles to address the movement of disabled vehicles by the proper class of tow vehicles in removal and secondary movements.  The new rule will also clarify the proper safety and towing requirements to ensure the safe and efficient movement of disabled vehicles. Staff partnered with the industry on this proposal.

 

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

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

ITB12-30        changes to Idaho Transportation Department rules; and

 

WHEREAS, the Board finds the changes to IDAPA 39.03.10 and the creation of IDAPA 39.03.04 necessary to ensure the safe and efficient movement of disabled vehicles.

 

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

Modify Rule 39.03.10 (Rules Governing When an Overlegal Permit is Required) to remove select information pertaining to the movement of disabled vehicles.

 

Rule 39.03.04 (Rules Governing Movement of Disabled Vehicles) outlining the proper safety and towing requirements for the movement of disabled vehicles by the proper class of tow vehicle; and

 

BE IT FURTHER RESOLVED, that the Board approves the request to submit the changes as listed above for Rule 39.03.10 and Rule 39.03.04 and directs staff to proceed with the administrative rule making process.

 

Rule Change to IDAPA 39.04.02, Rules Governing Marking of Hazards to Air Flight. AA DeThomas said HB511 enacted in 2012 requires the marking and lighting of guyed towers. He requested revisions to IDAPA 39.04.02, Rule Governing Marking of Hazards to Air Flight to reflect the new requirements outlined in the legislation.

 

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

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

ITB12-31        requested changes to Administrative Rules; and

 

WHEREAS, the Board finds the proposed changes to the Administrative Rule provide appropriate compliance to fulfill the additional requirements of House Bill 511, 2012.

 

NOW THEREFORE BE IT RESOLVED, that the Board approves the proposed changes to IDAPA 39.04.02, Rules Governing Marking of Hazards to Air Flight, which adds new requirements associated with the dimension, design, color, and lighting of guyed towers; and

 

BE IT FURTHER RESOLVED, that the Board directs staff to proceed with the promulgation of temporary and proposed rulemaking effective July 1, 2012, commensurate with the effective date of House Bill 511.

 

Old/New Business. Vice Chairman Coleman referenced the earlier discussion on the proposed realignment of US-2 in Sandpoint. He reiterated the Board Subcommittee on State Highway System Adjustments’ desire to relinquish the US-95 and US-2 routes in downtown Sandpoint upon completion of the US-95 Sandpoint Byway and realignment of US-2 projects. He added that the City of Sandpoint would like jurisdiction of the downtown streets.

 

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

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

ITB12-32        to publish and accomplish a current, realistic, and fiscally constrained five-year Highway Development Program; and

 

WHEREAS, it is the intent of the Idaho Transportation Board to effectively utilize all available federal, state, local, and private capital investment funding; and

 

WHEREAS, the Board resolved to proceed with public involvement of the Draft FY13-17 Idaho Transportation Investment Program (ITIP); and

 

WHEREAS, the US-2, Lake Street to Cedar Street realignment was included in that resolution; and

 

WHEREAS, the Board wishes to proceed with this project as soon as possible.

 

NOW THEREFORE BE IT RESOLVED, that the Board approves the addition of US-2, Lake Street to Cedar Street to FY13 of the approved FY12-16 ITIP for $7.5 million with $300,000 in state FY13 for development.

 

Member Gagner reported that the Board Subcommittee on State Highway System Adjustments supports revisions to Board Policy, B-09-06, State Highway System Adjustments. The changes clarify membership of the Subcommittee and remove references to the point rating system.

 

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

RES. NO.        WHEREAS, the policies and procedures used to make adjustments to the state

ITB12-33        highway system are set forth in Board Policy B-09-06, State Highway System Adjustments; and

 

WHEREAS, the Subcommittee on State Highway System Adjustments has recommended changes to procedures used when making adjustments to the state highway system; and

 

WHEREAS, the Idaho Transportation Board has reviewed the recommended changes to the policy; and

 

WHEREAS, the Board finds that the proposed changes will make the process more efficient and effective.

 

NOW THEREFORE BE IT RESOLVED, that the Board approves the recommended changes to Board Policy B-09-06.

 

Member Gagner also mentioned that the Subcommittee is making progress on relinquishing Coeur d’Alene Lake Drive to the City of Coeur d’Alene. A proposal for the Board’s consideration should be forthcoming.

 

 

            WHEREUPON, the Idaho Transportation Board’s regular monthly meeting officially adjourned at 4:40 PM.

 

 

   _____________signed_______________

JERRY WHITEHEAD, Chairman

Idaho Transportation Board

Read and Approved

August 16, 2012

Salmon, Idaho

Page Last Modified: 8/20/2012 11:00:26 AM

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