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REGULAR MEETING AND DISTRICT SIX TOUR
July 10-11, 2013
The Idaho Transportation Board met at 9:30 AM, on Wednesday, July 10, 2013, in Rigby, Idaho. The following principals were present:
Jim Coleman, Vice Chairman – District 1
Janice B. Vassar, Member – District 2
Julie DeLorenzo, Member – District 3
Jim Kempton, Member – District 4
Dwight Horsch, Member – District 5
Lee Gagner, Member – District 6
Brian W. Ness, Director
Scott Stokes, Chief Deputy
Larry Allen, Lead Deputy Attorney General
Sue S. Higgins, Executive Assistant and Secretary to the Board
Vice Chairman Coleman presided.
Board Minutes. Member Vassar made a motion to approve the minutes of the special Board meeting held on June 14, 2013 and the minutes of the regular Board meeting held on June 18-19, 2013 as submitted. Member Gagner seconded the motion and it passed unopposed.
Board Meeting Dates. The following meeting dates and locations were scheduled:
August 14-15, 2013 – District 4
September 18-19, 2013 – District 1
October 22-23, 2013 – District 3
Consent and Review Calendar. Member Gagner made a motion, seconded by Member Horsch, and passed unopposed, to approve the following resolution:
RES. NO. WHEREAS, consent calendar items are to be routine, non-controversial, self-
ITB13-33 explanatory items that can be approved in one motion, although the Idaho Transportation Board members have the prerogative to remove items from the consent calendar for questions or discussion.
NOW THEREFORE BE IT RESOLVED, that the Board approves the removal of the STP-7720, State Street, Pedestrian Improvements project from FY17; and
BE IT FURTHER RESOLVED, that the Board has received and reviewed for informational purposes the FY13 annual report of activities to the Board of Examiners, the contract award information, the professional services agreements and term agreement work task report, the IPLAN project monthly status update, and the report of speed minute entry changes for May and June 2013.
1) Remove STP-7220, State Street, Pedestrian Improvements from FY17. Ada County Highway District requests the removal of the $2.5 million State Street sidewalk improvement project, key #13044, from FY17. Staff also requests approval to amend the FY13 Statewide Transportation Improvement Program (STIP) accordingly.
2) FY13 Annual Report of Activities to the Board of Examiners. No items were submitted to the Board of Examiners in FY13.
3) Contract Awards. Key #12324 – SH-6, Palouse River Road to Meadow Creek Road, Latah County, District 2. Low bidder: Debco Construction - $1,044,444.
Key #12993 – US-95, Milepost 251-261 Concrete Slab Repair, Idaho County, District 2. Low bidder: Interstate Improvement Inc. – $1,428,000.
Key #13029 – SH-52 and SH-16, FY13 Payette and Gem County Overlay, District 3. Low bidder: Staker & Parson Companies dba Idaho Sand & Gravel Company - $4,188,312.
Key #13352 – SH-21, Idaho City North City Limits to Mores Creek Summit, District 3. Low bidder: Knife River Corporation - Northwest - $1,573,764.
Key #13364 – US-20, FY13 Microseals, Ada
County, District 3. Low bidder: Intermountain Slurry Seal, Inc. - $1,101,138.
Key #13063 – US-93, FY14 District 4 Districtwide Sealcoat. Low bidder: Emery, Inc. - $781,327.
Key #13367 – American Falls Downtown Streets, District 5. Low bidder: Depatco, Inc. - $3,968,860.
Key #11684 – US-20, FY13 District 6 Districtwide Bridge Preservation. Low bidder: Cannon Builders, Inc. - $698,934.
Key #11667 – US-26, Snake River Bridge to Swan Valley, District 6. Low bidder: H-K Contractors, Inc. - $626,889.
4) Professional Services Agreements and Term Agreement Work Task Report. From June 1 through June 21, 23 new professional services agreements and work tasks were processed for $1,480,984. Five supplemental agreements to existing agreements were processed in the amount of $344,454 during this period.
5) IPLAN Project – Monthly Status Update. The project is currently in the development/ configuration stage. Some of the activities during the past month include access was provided to all Districts; the IPLAN Data Standards and Processes document was distributed to the IPLAN Data Team for review; the proposed thematic maps were reviewed and are being prepared for publication; the proposed Internal/Public thumbnails were reviewed and determined to be sufficient; and a meeting was held with the Highway Safety Office to discuss the progress of the WebCARS data and how the analysis data can be incorporated into IPLAN.
6) Speed Minute Entry Changes for May and June 2013. The following speed minute entries were processed during May and June in Districts 3 and 6:
Beginning Ending Speed Limit
Route Milepost Milepost Old New
SH-16 0.000 3.610 65 55
US-20B 322.100 322.544 45 35
US-43 2.870 3.070 55 45
US-43 3.070 3.422 55 35
Director’s Report. Director Ness said Anthony Foxx has been unanimously confirmed as Secretary of the U.S. Department of Transportation. Safety will be Secretary Foxx’s highest priority. Some recent ITD activities include Director Ness’s participation on a transportation needs and revenue panel at the Association of Idaho Cities’ annual conference; the statewide roadeo; and the Aviation Career Academy. Michelle Doane, an auditor in the Internal Review Section, has been promoted to Business and Support Management Manager. The Department was recognized for its customer service by the public and the Federal Highway Administration (FHWA) Idaho Division Administrator.
The Director’s entire report can be viewed at http://itd.idaho.gov/Board/report.htm.
Chief Deputy (CD) Stokes summarized a national survey on transportation funding. One of the findings is that there is more support to raise taxes if it is tied to safety, maintenance, or environmental benefits. He also said staff is monitoring the federal bond situation, as the last GARVEE bonds are expected to be issued towards the end of this year or early next year.
Chief Operations Officer (COO) Jim Carpenter followed up on some issues from last month’s workshop and meeting. Regarding professional service agreements, several of the June contracts related to wetland delineation. ITD does not have employees skilled in that particular field, so consultants were used. When the Board approves the STIP later this year, staff will highlight the projects that will use consultants for preliminary engineering services and those dollar amounts. Board Policy 4001 authorizes staff to proceed with those agreements unless the dollar amount exceeds the programmed amount in the STIP.
The extended public comment period for the US-95, Thorn Creek to Moscow project has closed, according to COO Carpenter. He said 82 comments were received during that additional time frame. The comments have been submitted to Headquarters. Staff plans to submit them to FHWA next month and the legal sufficiency review should be completed the end of December. After a public review and comment period on the Final Environmental Impact Statement, a Record of Decision will be issued, tentatively in spring 2014.
Director Ness said all employees’ performance evaluations and plans have been successfully transitioned to coincide with the fiscal year. This will better enable employees’ plans to align with the Strategic Plan. The Executive Officers reported on Strategic Plan efforts.
CD Stokes said the safety team had nine action items. He reported on three. The seatbelt project, positive community norms, and the corridor health initiative are all proceeding well.
Some of the projects to address economic opportunity are partnering with the Department of Commerce to bring new businesses to Idaho and completing construction projects faster to improve mobility, according to COO Carpenter. Goals for FY14 include implementing an economic mobility model and improving the reliability of the transportation system.
Chief Human Resources Officer Mary Harker reported that strategic efforts resulted in pay increases for employees the past two years. ITD is slowly making progress on competitive wages and the efforts are resulting in lower turnover, especially in targeted classes. Customer service training has been implemented. Work is continuing on the leadership development program, recommendations from the classification study, and succession planning. The Department also needs to continue focusing on being a competitive employer.
Chief Administrative Officer Mike Golden said the best business practices have focused on systems and improving operations. The asset management system is beneficial in helping identify the right assets and in managing them. A concerted effort to close out projects was successful. The FY14 priority will be technology, including the development of a three-year technology plan, and continuing work on cash management.
The Board expressed appreciation to staff for the reports and for its efforts on these important initiatives.
Adopt-A-Highway Presentation (AAH). Member Gagner thanked the Eastern Idaho Regional Medical Center Department of Surgery for participating in the AAH Program. The group picks up litter along I-15 from milepost 120.5 to 122.
Public Transportation Advisory Council (PTAC) Update. District 6 PTAC Member JoAnn Wolters summarized the transit services available in the region. Efforts to provide service to the Thompson Creek Mine in Custer County have been successful and ridership, based on percentage of employees, has increased. The City of Driggs is piloting a program to provide service to the ski resort. The intent is to address parking issues and help the economy. Ms. Wolters said one of the challenges is Rexburg’s demand response service. It is not very efficient. Efforts are underway to change that to a fixed route service. Targhee Regional Public Transit Authority has similar issues and is experiencing a decrease in ridership. She added her appreciation for the development of performance measures and believes those will be helpful in addressing the state’s transit issues.
Vice Chairman Coleman thanked Ms. Wolters for the informative presentation.
IDAPA 39.02.71, Rules Governing Driver’s License Violation Point System. Driver Services Manager (DSM) Ed Pemble summarized the proposed rule changes to IDAPA 39.02.71, which were presented last month.
The Board asked for clarification on some of the moving traffic convictions and violations point count.
Member Vassar made a motion, seconded by Member Gagner, and passed unopposed, to approve the following resolution:
RES. NO. WHEREAS, IDAPA 39.02.71 provides the system for assigning points to driver
ITB13-34 records based on convictions of various traffic violations and infractions occurring within the state of Idaho or outside the state of Idaho for moving violations and infractions; and
WHEREAS, House Bill 274 was passed by the Idaho legislature and will be effective on January 1, 2014; and
WHEREAS, House Bill 274 provides for driver record violation point count reduction through city administered traffic safety education programs; and
WHEREAS, IDAPA 39.02.71 should include information on how violation points may be removed from a driver record when a driver has successfully completed a city administered traffic safety education program; and
WHEREAS, IDAPA 39.02.71 should be revised to recognize the points exemption provided in statute for safety restraint use violations; and
WHEREAS, IDAPA 39.02.71 should be revised to correct an inconsistency within the rule pertaining to work zone speed limits; and
WHEREAS, Idaho State Police has identified moving violations that should be added to the violation point count list.
NOW THEREORE BE IT RESOLVED, that the Idaho Transportation Board endorses the revisions to IDAPA 39.02.71 and directs staff to proceed with rulemaking and presentation of the proposed changes to the 2014 legislature.
Commercial Driver License (CDL) Information System (CDLIS) Modernization Project. DSM Pemble said the CDLIS modernization project is underway to comply with national standards for data collection and state-to-state transmission of data. The intent is to ensure that each commercial driver has only one driver’s license and one complete driver record. The project is mainly funded with a Federal Motor Carrier Safety Administration grant. Idaho’s compliance with the regulations is needed to preserve federal highway funding and retain CDL program certification.
DSM Pemble said the project affects approximately 85,000 Idaho CDL holders. Extensive outreach is being conducted to inform impacted parties, including the medical community, as medical certifications are involved.
Vice Chairman Coleman thanked DSM Pemble for the update on this important project.
Modifications to Administrative Rule 39.03.12. Vehicle Size and Weight Specialist Reggie Phipps requested revisions to IDAPA 39.03.12, Rules Governing Safety Requirements of Overlegal Permits. The industry would like flashing lights on rear overhangs as an option to the currently required steady burning lights. Other minor changes are also being proposed.
Member DeLorenzo made a motion, seconded by Member Horsch, and passed unanimously, to approve the following resolution:
RES. NO. WHEREAS, the Idaho Transportation Board has authority to approve requested
ITB13-35 changes to Idaho Transportation Department rules; and
WHEREAS, the Board finds the changes to IDAPA 39.03.12 for the industry within Idaho.
NOW THEREFORE BE IT RESOLVED, that the Board approves the following administrative rules to be submitted for change:
Modify Administrative Rule 39.03.12 – Rules Governing Safety Requirements of Overlegal Permits
Modify lighting requirements to allow for flashing as well as steady burning lights on rear overhang.
Clarify that the lights are required on the oversized vehicle or load and not on legal vehicle or load.
Clarify that oversize signs for vehicles/loads can be a minimum of five feet wide twelve inches high with eight inch high letters.
Clarify that a rear pilot shall be required when drivers cannot see 200 feet behind them as per Idaho Code 49-940.
Clarify when convoy of oversize loads are allowed and at what dimensions.
Miscellaneous non-substantive changes; and
BE IT FURTHER RESOLVED, that the Board approves the request to submit the changes as listed above for Administrative Rule 39.03.12 and directs staff to promulgate a temporary rule effective August 1, 2013 and concurrently proceed with the regular rule making process.
Proposed Rules Governing Marking of Hazards to Air Flight – IDAPA 39.04.02. Bill Staham, Project Manager (PM), proposed revisions to IDAPA 39.04.02 to comply with Idaho Code. The 2013 legislature enacted House Bill 216 exempting power marketing firms from lighting and marking guyed towers and Senate Bill 1065 exempting “Ham” and “CB” radio towers and guyed towers from the lighting and marking requirements. He intends to seek approval of the changes next month.
Proposed Rules Governing Idaho Airport Aid Program – IDAPA 39.04.04. PM Statham said the Aeronautics Advisory Board approved new procedures for the administration of the Idaho Airport Aid Program. The Airport Project Prioritization and Annual Program Allocation establishes uniform project prioritization and annual grant program funding allocation methodologies. Certain formulas, priorities, percentages, and procedures of the program changed, requiring revisions to IDAPA 39.04.04, Rules Governing Idaho Airport Aid Program. He summarized the revisions and said he will request approval of the changes next month.
Vice Chairman Coleman suggested adding the definition of adjusted service area to the rule. He thanked PM Statham for summarizing the proposed revisions.
Executive Session on Personnel and Legal Issues. Member Gagner made a motion to meet in executive session at 12:15 PM to discuss personnel and legal issues as authorized in Idaho Code Section 67-2345(b) and (f). Member Vassar seconded the motion and it passed 6-0 by individual roll call vote.
A discussion was held on legal and personnel matters.
The Board came out of executive session at 2:15 PM.
District 6 Report. District 6 Engineer (DE) Blake Rindlisbacher reported on the District’s activities. The Salmon maintenance crew is now making its salt brine mixture instead of hauling it from District 5, improving efficiency and reducing costs. Staff is working closer with the National Oceanic and Atmospheric Administration to improve winter maintenance efforts. Better communication is improving both agencies’ performance. To address mobility, the District is shortening construction periods. It also utilized rolling lane closures on an I-15 construction project to reduce impacts to the traveling public. Staff is developing a work zone mobility index to quantify the effectiveness of traffic control plans and reduce impacts to motorists. Some of the components are shorter work zones, not decreasing speed limits significantly, keeping travel lanes open, and shorter work windows.
Vice Chairman Coleman thanked DE Rindlisbacher for the presentation and his efforts.
Logo Standards and Procedures Require Revision Effecting IDAPA Rule 39.03.62, Logo Signs. Highway Operations Engineer (HOE) Greg Laragan summarized last month’s discussion to pursue privatizing the logo program. This has the potential to increase service to businesses and the traveling public and to free up resources within the Department to allow more focus on obtaining strategic goals. He reviewed the proposed changes to the “Standards and Procedures for Specific Service Signs on the Interstate and Other Fully Controlled Access Highways” manual and IDAPA 39.03.62, Rules Governing Logo Signs. Staff intends to hold a public meeting on the proposed rule revisions prior to the August Board meeting, when presumably the Board will be asked to approve the rule changes.
Tourist Oriented Directional Signs Standards and Procedures Require Revision Effecting IDAPA Rule 39.03.64, Tourist Oriented Directional Signs (TODS). HOE Laragan summarized last month’s discussion to pursue privatizing the TODS program. This has the potential to increase service to businesses and the traveling public and to free up resources within the Department to allow more focus on obtaining strategic goals. Amendments would be required to the “Standards and Procedures for Tourist Oriented Directional Signs” document and IDAPA 39.03.64, Rules Governing Tourist Oriented Directional Signs. He intends to seek Board approval of the rule revisions next month, after a public meeting to gather comments.
Vice Chairman Coleman thanked HOE for the overview on the two rule revisions.
Rules Governing Safety Rest Areas – IDAPA 39.03.50. Steve Spoor, Maintenance Services Manager (MSM), said IDAPA 39.03.50, Rules Governing Safety Rest Areas prohibits the discharge of firearms at Safety Rest Areas. This conflicts with Idaho Code. The legislature pre-empted the field of firearm regulation and prohibited state agencies from regulating firearms because it interfered with second amendment rights. Counties and cities may regulate the discharge of firearms within their boundaries; however, state agencies, with the exception of universities and the Department of Fish and Game, do not have that authority. In addition to this change, other minor rule revisions will be requested next month.
Vice Chairman Coleman thanked MSM Spoor for the information.
2014 Proposed Legislative Ideas. Government Affairs Manager (GAM) Mollie McCarty reviewed the six legislative ideas presented at the June meeting. The concepts must be submitted to the Division of Financial Management by August 1. Although staff presented an idea last month to include ITD’s maintenance vehicles as authorized and emergency vehicles, staff requested additional time to pursue the concept. It would like to discuss the idea further with Idaho State Police.
GAM McCarty said the cost of an ignition interlock device is determined through competition between the interlock companies certified to provide service in Idaho. The average cost of installation is $100 with a monthly fee of $60. The Probation Department is responsible to monitor drivers’ compliance.
Member Vassar made a motion, seconded by Member Gagner, and passed unanimously to approve the following resolution:
RES. NO. WHEREAS, the Idaho Governor’s Office has requested that state agencies submit
ITB13-36 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 Vehicle Title and Registration Clean-up Bill; Background Check for Access to Division of Motor Vehicle Systems, Audit Requirements; Make the Driver License or Identification Card the Recognizable Document for Proof of Full Legal Name; Commercial Drivers’ License Federal Program Requirements; and Amend Ignition Interlock Information in Title 18, Idaho Code to DFM, and, upon approval, the development of draft legislation by Idaho Transportation Department staff for subsequent review and approval.
Monthly Financial Statements. Controller Gordon Wilmoth said net obligations were $1,500,000 during June, resulting in total net cumulative obligations of $272,800,000. Of the net obligations, $259,000tf ,000 were for current year projects. The remaining obligations are for adjustments for prior year projects plus advances of future year projects to FY13. The original budget amount for obligated FY13 projects was $250,800,000. Net cumulative obligations are above the historical trend of $255,200,000 for June.
Controller Wilmoth said FHWA Indirect Cost Allocation revenue through May was $20,980,000, which was above the projected amount of $20,120,000. Miscellaneous state funded
revenue of $31,210,000 was $1,130,000 above the forecast. Revenue from the Equipment Buy Back Program was $12,535,900, which was the projected revenue. Highway Distribution Account revenue, excluding ethanol exemption elimination, was $166,530,000. The projected revenue was $165,060,000. Revenue from the ethanol exemption elimination was $14,121,000, which was 1% below the projected amount. Revenue to the State Aeronautics Fund from aviation fuels was $1,755,000, resulting in a 19% positive variance. Miscellaneous revenue to this account was $304,000, which was a 1% negative variance.
Total expenditures in the American Recovery and Reinvestment Act Title XII Fund for highway projects were $176,556,000, while $178,800,000 had been appropriated. Expenditures for public transportation were $8,990,000 of the $9,200,000 available.
Service Contracts issued by Business and Support Management. Controller/Acting Business and Support Manager Wilmoth reported that the Business and Support Management Section processed 12 new service contracts for $1,673,448 from May 28 through June 20. Seven service contract modifications were also processed, totaling $987,769.
Policy Approval. Member Vassar made a motion to approve Board Policy 4024, Public Hearings, which combines former policies B-20-03, Public Hearings and B-13-02, Public Involvement for Location and Design Determinations; Board Policy 4025, Appealing Department Actions and Orders, formerly B-07-02; Board Policy 4026, Environmental Stewardship, formerly B-13-03; and Board Policy 4027, Landscaping, formerly B-14-07. Member DeLorenzo seconded the motion and it passed unopposed.
Board Policy 4001, Authority to Sign Contracts, Agreements, and Grants and Requirement to Report Certain Contracts. COO Carpenter proposed revisions to Board Policy 4001 to clarify language related to the director’s authority to approve professional service agreements. He will also update the corresponding administrative policies A-01-09, Authority to Sign Contracts, Agreements, or Grants and their Registration; A-06-08, Professional Service Agreements; and A-14-06, Approval of Plans/Specifications/Estimates and the Award of Construction Projects to align with 4001.
Some discussion was held on staff’s authority to award or reject contracts exceeding 10% of the engineer’s estimate. The Board expressed support to revert that authority to the Board; however, it questioned the 10% threshold and asked staff to propose a different percentage and also a dollar amount.
WHEREUPON the meeting recessed at 4:00 PM.
July 11, 2013
The Board reconvened at 8 AM on Thursday, July 11, 2013, in Idaho Falls. All members were present except Chairman Jerry Whitehead. Representative Doug Hancey was in attendance.
District 6 Tour. The Board visited the Idaho National Laboratory (INL) Research and Education Campus. It heard about INL’s mission and activities. Its focus is research, development, and education. Some of its programs include research on biomass, alternative fuels, batteries, and hybrid and electric vehicles.
The Board traveled US-20 west to the INL desert site. It visited the Advanced Test Reactor Laboratory where they research and develop nuclear reactor technologies and the facility where they test and certify space batteries for NASA.
The Board traveled US-20 east to Idaho Falls.
WHEREUPON, the Idaho Transportation Board’s regular monthly meeting officially adjourned at 4:40 PM.
JERRY WHITEHEAD, Chairman
Read and Approved
August 15, 2013