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DISTRICT 4 TOUR AND REGULAR MEETING

OF THE IDAHO TRANSPORTATION BOARD

 

August 14-15, 2013

 

The Idaho Transportation Board met at 8:30 AM, on Wednesday, August 14, 2013, in Burley, Idaho. The following principals were present:

            Jerry Whitehead, Chairman

            Jim Coleman, Vice Chairman – District 1

            Jan 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

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

 

District 4 Tour. The Board traveled I-84 east. It stopped at the Cotterell Rest Area under construction and traveled local and state highways to the City of Rocks National Reserve and then to Elba.  LINC representative Melva Heinrich explained the new voucher program being established in the Burley-Rupert area to provide transportation to seniors and citizens with disabilities. She believes the public-private partnership is providing a valuable service.

 

The Board returned to Burley via SH-77 north and US-30 west. It toured Kodiak America, which manufactures snow removal equipment. The Board met with Kevin Iverson with Transystems. Mr. Iverson reported on the company’s involvement in the 129,000 pound pilot project. He believes it was beneficial, as it improved efficiency and safety and resulted in economic advantages.

 

            WHEREUPON the tour recessed at 4:15 PM.

 

August 15, 2013

 

The Board reconvened at 8:30 AM on Thursday, August 15, 2013, in Burley, Idaho. All members were present. Larry Allen, Deputy Attorney General, was also present.

 

Board Minutes. Member DeLorenzo made a motion to approve the minutes of the regular Board meeting held on July 10-11, 2013 as submitted and the minutes of the special Board meeting held on July 29, 2013 as submitted. Vice Chairman Coleman seconded the motion and it passed unopposed.

 

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

            September 18-19, 2013 – District 1

            October 23-24, 2013 – District 3

            November 20-21, 2013 – Boise

 

Consent Calendar. Member Vassar made a motion, seconded by Member Gagner, and passed unopposed, to approve the following resolution:

RES. NO.        WHEREAS, consent calendar items are to be routine, non-controversial, self-

ITB13-37        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 FY13 account write off; the addition of Eco-Logical Connectivity to FY13 of the State Planning and Research Program; adjustments to the approved FY13-17 Public Transit Program; the Community Choices for Idaho Advisory Committee members; the FY13 Performance Measurement Report for the Division of Financial Management and Legislative Services Office; and the addition of SH-52, Emmett Irrigation District Landslide Repair to State FY14 of the Board Unallocated Program.

 

1) FY13 Account Write Off. ITD policy requires that all uncollectible accounts exceeding $1,000 be reviewed and approved for write off by the Board. The Director or a designee reviews and approves for write off all accounts less than $1,000. For FY13, staff requests Board approval to write off 13 accounts totaling $35,027.98, as shown as Exhibit 428, which is made a part hereof with like effect. Forty-five accounts in amounts less than $1,000 have been determined as uncollectible, totaling $13,400.22. The outstanding receivables are more than three years delinquent. Customers are not allowed to do business with ITD until their deficiencies are paid or the statute of limitations is reached.

 

2) Add Eco-Logical Connectivity to FY13 of the State Planning and Research Program. ITD received two Strategic Highway Research Program 2 grants totaling $275,000 for the Eco-Logical Connectivity project. It will be used to enter into policy level discussions and create the data interface with the Idaho Department of Fish and Game for the purpose of sharing Crucial Habitat Assessment Tool and other data with ITD’s IPLAN web application. The project will accelerate the completion date for some IPLAN goals. Staff requested the addition of the Eco-Logical Connectivity project to FY13 of the State Planning and Research Program for $275,000.

 

3) Adjustments to the Approved FY13-17 Public Transit Program. Four projects were inadvertently excluded from the Public Transit Program that was approved by the Board in September 2012. On behalf of Pocatello Regional Transit, the Bannock Transportation Planning Organization requested the addition of the following projects to the Public Transit Program: FY13 Capital Facility, Pocatello Urbanized Area for $470,000 of 5307 Small Urban funds; FY14 Capital Bus Shelter, for $100,000 of 5310 Transportation for Elderly and Disabled funds; and FY14 Capital Facility, Pocatello Urbanized Area for $400,000 of 5339 State of Good Repair funds. Additionally, ITD staff requested the addition of FY13 Statewide Planning for $110,000 of 5304 Statewide Planning funds.

 

4) Community Choices for Idaho Advisory Committee. The following individuals and the stakeholder group they represent were submitted for approval as members of the Community Choices for Idaho Advisory Committee: Timothy O’Meara – business owner; Mike Edwards – environmental; Erik Kingston – housing; Heather Wheeler – transit; Hilary Anderson – economic development; Cynthia Gibson – bicycle and pedestrian; Kendra Witt-Doyle – health; Jen Johnson - Americans with Disabilities Act; Dave Saindon – law enforcement; April Hoy – schools; Brian Billingsley – planner; and Rick Just – scenic byways.

 

5) FY13 Performance Measurement Report for Division of Financial Management and Legislative Services Office. Per Idaho Code, each state agency is to submit an updated Performance Measurement Report by September 1. Staff requested approval of the report, which includes agency profile, core functions/Idaho Code, revenues and expenditures, profile of cases managed and/or key services provided, performance highlights or awards, performance measures and benchmarks, contact information, and agency director attestation.

 

6) Add SH-52, Emmett Irrigation District Landslide Repair to State FY14 of the Board Unallocated Program. Landslides in June forced the closure of SH-52 between mileposts 37 and 45. Since then, concrete rail was set on the centerline and the highway opened to one-lane traffic controlled by temporary traffic signals. The cause of the slide was a leak in a concrete lined irrigation channel above the highway, off the right-of-way. The Emmett Irrigation District requested financial assistance to repair the slope. The total cost of the repair is $130,000. Staff requested the addition of a $65,000 Board Unallocated project, SH-52, Emmett Irrigation District Landslide, in state FY14, to assist the Emmett Irrigation District with repairing the slope.

 

Informational Items. 1) Return Check Report for FY13. During FY13, $34,948,622 in checks were received, while 67 checks, or .55%, totaling $191,525 were returned. Collection of returned checks equaled $188,193 for an annual collection rate of 98.26%.

 

2) Summary of FY13 Budget vs. Actual Out-of-State Travel. FY13 out-of-state travel expenditures totaled $205,715. The budgeted amount was $251,300. In comparison, $187,847 was spent on out-of-state travel in FY12. In FY13, $1,097,313 was expended on in-state travel, compared to $1,065,358 in FY12.

 

3) Non-Construction Service Contracts Issued by Business and Support Management. From June 21 through July 26, the Business and Support Management Section processed three new service contracts totaling $240,673 and three service contract modifications in the amount of $895,925.

 

4) Contract Awards. Keys #12353 and #12352 – I-84, Eisenman Interchange #60 to Milepost 70 Westbound, Near Boise and Eisenman Interchange #60 to Milepost 70 Eastbound, Near Boise, District 3. Low bidder: Central Paving Company, Inc. – $7,263,471.

 

Key #12400 – US-30, 3400 East Road Turn Lane, Twin Falls County, District 4. Low bidder: Kloepfer, Inc. - $246,855.

 

Key #13519 – US-30, etc., FY14 District 4 Districtwide Signal Upgrades. Low bidder: Balanced Rock Electric, Inc. - $263,487.

 

5) Professional Services Agreements and Term Agreement Work Task Report. From June 24 through July 26, 22 new professional services agreements and work tasks were processed, totaling $2,309,165. Six supplemental agreements to existing agreements were processed in the amount of $326,600 during this period.

 

6) Administrative and Legal Settlements of Right of Way Acquisitions. From January 1 through June 30, 2013, the Right of Way Section processed 36 parcels. There were 11 administrative settlements and 3 legal settlements during this time frame.

 

7) IPLAN Monthly Status Update. IPLAN continues to proceed on time and within budget. The development/configuration stage is still underway. Some of the activities that occurred since the last report include communication with District staff to identify best practices and provide assistance until the training is completed; additional changes were made to the thematic maps prior to publication; and the construction phase of new architecture of servers and databases is still underway, however, data is being prioritized and populated in the necessary databases to ensure IPLAN’s use. It was noted that discussions on training manuals, webinars and workshops have not taken place. This phase will be delayed until after the IPLAN Acceptance Testing is complete.

 

8) Speed Minute Entry Changes for July 2013. The following speed minute entry changes were made in July in Districts 4 and 6, respectively:

                                    Beginning                    Ending                              Speed Limit

Route                          Milepost                     Milepost                      Old                  New

SH-75                            117.476                     119.800                      55                     45 Night

US-20/26                       248.855                     249.237                      55                     35

 

9) Annual Report on State Railroad Grade Crossing Protection Fund. The State Railroad Grade Crossing Protection Fund receives $250,000 annually per Idaho Code. The goal of the program is to reduce the number and severity of vehicle-train collisions at public railroad-road crossings. During calendar year 2012, there were eight vehicle-train collisions at public rail-highway crossings, resulting in two fatalities, four injuries, and two property damage incidents.

 

Director’s Report. Director Ness reported on various activities and meetings from the past month, including a presentation at the Pacific Northwest Economic Region Summit focusing on the importance of its mission and goals to the region’s economy and to explain how Idaho’s approach to improving economic opportunity could serve as a model for the entire Pacific Northwest; a meeting on increasing transportation revenue hosted by the Association of Idaho Highway Districts and the Associated General Contractors; Capital for a Day in Grace; and the Western Association of State Highway and Transportation Officials’ meeting. 

 

He recognized staff for identifying efficiencies and costs savings with a contract for network connections, special efforts by maintenance personnel, and customer service commendations. He also reported that the US-95, Sand Creek Byway project received the America’s Transportation Award.

 

The Director’s entire report can be viewed at http://itd.idaho.gov/Board/report.htm.

 

Chief Deputy (CD) Stokes elaborated on partnership efforts to improve highway safety. Idaho received a grant from State Farm to target parents with teenage drivers.

 

CD Stokes also mentioned that he participated on two panels on increasing transportation revenue. One was sponsored by the Farm Bureau and the other discussion was at the Idaho Trucking Association’s annual conference.

 

Public Transportation Update. District 4 Public Transportation Advisory Council Member John Hathaway and out-going District 4 Mobility Manager Vanessa Fry reported on the public transportation services in the District. The region had eight providers in 2012, resulting in almost 650,000 boardings. LINC’s voucher program continues to grow, with 15-30 new applicants each month. Mountain Rides expanded its vanpool program to 13 vans. The District has numerous unmet needs due to the limited funding available.

 

Chairman Whitehead thanked Mr. Hathaway and Ms. Fry for the informative report.

 

Adopt-A-Highway Presentation (AAH). Member Kempton recognized the Burley First Federal employees for their participation in the AAH Program. The group adopted four miles along SH-81. He commended the group for the valuable service it provides.

 

Idaho Statewide Rail Plan. Rail Plan Update Project Manager (RPUPM) Maureen Gresham presented the final draft Statewide Rail Plan. ITD initiated the update to the Plan in concurrence with the Idaho Freight Study. The Federal Railroad Administration approved the document on July 29, 2013.

 

Member Gagner 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

ITB13-38        to facilitate the efficient and effective movement of freight and passengers on rail; and

 

WHEREAS, the Moving Ahead for Progress in the 21st Century recommends state departments of transportation plan for and facilitate the movement of freight; and

 

WHEREAS, it is the intent of the Idaho Transportation Board to encourage partnerships between various transportation stakeholders that further safety, mobility, and economic opportunity; and

 

WHEREAS, the Department initiated a statewide analysis of freight that included participation from a diverse range of stakeholders; and

 

WHEREAS, the Freight Study culminated in the development of a consensus based vision for freight movement in, out and through Idaho and identified the need for a statewide rail plan; and

 

WHEREAS, the Statewide Rail Plan update meets all state and federal requirements for a statewide rail plan.

 

NOW THEREFORE BE IT RESOLVED, that the Board approves the Idaho Statewide Rail Plan Update.

 

The Board commended RPUPM Gresham for her efforts on this Plan.

 

Administrative Rule 39.02.60 Amendments. CD Stokes requested revisions to IDAPA 39.02.60, Rules Governing License Plate Provisions. The 2012 legislature passed Senate Bill 1243 creating requirements to be met by the requester of a special license plate. Problems with the rule were discovered in 2013 and House Bill 169 was passed, clarifying the requirements. Other rule changes include redefining temporary registration and revising the guidelines for personalized plate messages to prohibit certain terms.

 

Vice Chairman Coleman 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

ITB13-39        requested changes to Administrative Rules; and

 

WHEREAS, the Board finds the requested changes to the Administrative Rule provides clarification and updated procedures to the Rules Governing License Plate Provisions.

 

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

IDAPA 39.02.60 – Rules Governing License Plate Provisions, which defines requirements for the processes and procedures to be utilized for the creation of specialty license plate programs in accordance with legislation that passed in 2012 and amended in 2013. Amendments also clean up language regarding the term for receipt of registration fees versus temporary registration, and adds prohibited personalized plate messages from referring to criminal gangs, clubs, and memberships and allows the Department to enlist the help of law enforcement for clarification; and

 

BE IT FURTHER RESOLVED, that the Board directs staff to promulgate temporary rulemaking effective September 1, 2013 and proceed with regular rulemaking at the same time for the changes as listed above for Administrative Rule.

 

Clarifying Terminology Regarding Program Publications. Transportation Investment Manager (TIM) John Krause explained the various Program-related documents: the Idaho Transportation Investment Program (ITIP), Statewide Transportation Improvement Program (STIP), and the Metropolitan Planning Organizations’ Transportation Improvement Programs (TIP). Project information is used by a variety of stakeholders. Some of the purposes are to keep interested parties informed of work being planned in their area; as a work plan for project development activities; for management of resources and assets; and as a baseline for performance measures related to on-time and on-budget delivery. The ITIP is ITD’s name for its program. It is a database for all of the project information. It is a flexible reporting mechanism for multiple purposes in various formats.

 

The STIP is the federal name for the statewide program. The format is optimized for federal approval of the program by the Federal Highway Administration (FHWA) and Federal Transit Administration. The document is based on federal regulations and includes metropolitan planning organizations’ TIPs, which are documents identifying their planned projects.

 

The Board thanked TIM Krause for clarifying the various documents and terminology.

 

Approval of Policies for Allocation of Federal Formula Highway Apportionments to Local Public Agencies. TIM Krause presented Board Policy 4028, formerly B-11-04, Allocation of Federal Formula Highway Apportionments to Local Public Agencies. Because the Board selected the status quo option for the distribution of federal formula funds to local agencies in June, minimal revisions were made to the policy.

 

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

RES. NO.        WHEREAS, policies B-11-04, B-11-04S, and A-11-04, Allocation of Surface

ITB13-40        Transportation Program Apportionments to Local Public Agencies were introduced to the Idaho Transportation Board this past October during discussion of implementation of the new transportation act called Moving Ahead for Progress in the 21st Century; and

 

WHEREAS, subsequent explanation and discussion of these policies culminated in the decision at the June workshop to maintain the status quo; and

 

WHEREAS, the only changes made to the replacement policies 4028, 4028S and 5028, Allocation of Federal Formula Highway Apportionments to Local Public Agencies were to ensure the usefulness of the policies without requiring changes under future acts.

 

NOW THEREFORE BE IT RESOLVED, that the Board approves policies 4028 and 4028S, Allocation of Federal Formula Highway Apportionments to Local Public Agencies as replacements for B-11-04 and B-11-04S, respectively.

 

End of FY13 Adjustments to the Federal-Aid Formula Highway Program. TIM Krause requested approval to modify the FY13 Federal-Aid Formula Highway Program based upon project readiness and available funds. A total of $286.8 million of federal obligation authority plus matching funds is available in FY13. As of July 31, $270.7 million had been committed. Projects totaling $.5 million are expected to delay or be removed from the program. Staff is requesting $2 million for cost increases for FY13 projects and $14.7 million to advance or schedule new projects. TIM Krause summarized the program adjustments, anticipated project removals and delays, and list of additional project requests. He added that $39.1 million has been requested through the FHWA national redistribution of obligation authority.

 

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

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

ITB13-41        to accomplish a current, realistic, and fiscally constrained Highway Transportation Investment Program; and

 

WHEREAS, it is the intent of the Idaho Transportation Board to effectively utilize all available federal-aid highway funding; and

 

WHEREAS, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) and Moving Ahead for Progress in the 21st Century (MAP-21) require that a priority list of projects covering a minimum four year period be provided in a federally approved Statewide Transportation Improvement Program (STIP); and

 

WHEREAS, $286.8 million of federal obligation authority (plus matching funds) are available for obligation to projects in FY13; and 

 

WHEREAS, as of July 31, 2013, there are $270.7 million of commitments against these funds; and

 

WHEREAS, as of July 31, 2013, there is an estimated uncommitted balance of $16.1 million; and

 

WHEREAS, projects anticipated for delay and removal totaling $0.5 million have been identified and will be removed from FY13 planning; and

 

WHEREAS, projects have been identified requiring cost increases to existing projects of $2 million; and

 

WHEREAS, projects have been identified to advance to fully utilize available funds of $14.7 million; and

 

WHEREAS, a prioritized list of projects has been identified that are ready should additional funding become available; and

 

WHEREAS, the result of these identified project delays and removals, cost increases, and project advances will fully utilize the FY13 federal highway funding of $286.8 million.

 

NOW THEREFORE BE IT RESOLVED, that the Board authorizes staff to delay and remove projects in the list entitled "Anticipated Delays & Requested Removals” and advance projects in the list entitled "Ready Projects for End of Year Funding Balance and Redistribution", as shown as Exhibit 429, which is made a part hereof with like effect, in priority order as projects are delivered and as funding becomes available; and

 

BE IT FURTHER RESOLVED, that staff is authorized to make the appropriate changes to the federally approved FY13-17 STIP in accordance with the provisions of SAFETEA-LU and MAP-21.

 

Monthly Financial Statements. Controller Gordon Wilmoth summarized the year-end highlights. FY13 Highway Distribution Account (HDA) revenue was .37% or $715,000 above the forecast. Miscellaneous and FHWA Indirect Cost Allocation revenue was 1.6% or $915,000 below the forecast. The cash balance in the HDA account was $21.3 million, which is a 13.2% decrease. Both the Highways and Public Transportation American Recovery and Reinvestment Act Title XII funds are virtually paid out. He noted that the expiration date for these funds has been changed from September 2015 to September 2013. Revenue to the State Aeronautics Fund from aviation fuels was $284,000, an 18% positive variance.

 

In July, $22,300,000 was obligated and $11,100,000 de-obligated, resulting in net obligations of $11,200,000. Net cumulative obligations were $284,000,000 as of July 31, of which $268,000,000 were for current year projects. The original budget amount for obligated FY13 projects is $260,100,000. Net cumulative obligations are slightly below the historical trend of $287,300,000.

 

August 2013 Revenue Forecast and FY15 Proposed Budget Request. Economist Bob Thompson presented the revised revenue forecast. The projected revenue to ITD in FY15 from all funding sources is $566,160,000.

 

Senior Budget Analyst (SBA) Joel Drake summarized the proposed FY15 budget request. Some highlights include 1,810 full-time positions; $29.9 million for equipment replacement; a capital facilities program of $3.3 million; $259.4 million for contract construction; and $58.8 million for debt service. The request includes six line items totaling $24.4 million for items such as restoring spending authority for the Division of Motor Vehicles’ (DMV) modernization project, acquisition of automated spreader controllers for snowplow trucks, costs of interfacing Site Manager with the Department’s accounting system, and cost impacts of proposed legislation. SBA Drake added that additional adjustments may be needed to address the Division of Aeronautics’ revenue concerns, the Cost Allocation Study update, and the Information Technology Resource Management Council’s statewide technology project.

 

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

RES. NO.        WHEREAS, the FY15 Idaho Transportation Department budget request will be

ITB13-42        prepared in accordance with instructions in the Division of Financial Management’s (DFM) Budget Development Manual; and

 

WHEREAS, the Idaho Transportation Board has reviewed the proposed FY15 budget request summary.

NOW THEREFORE BE IT RESOLVED, that the Board has reviewed the budget request estimates reflected in the Department Summary and Certification, submitted for approval August 15, 2013, as shown as Exhibit 430, which is made a part hereof with like effect, and authorizes the estimates and guidance provided to serve as the basis for the FY15 budget request submitted to DFM and Legislative Services Office.

 

Chairman Whitehead thanked Messrs. Thompson and Drake for their work on the budget.

 

Draft Legislation. Government Affairs Manager (GAM) Mollie McCarty presented the draft legislation for the five ideas approved by the Board last month: vehicle title and registration clean-up; background checks for access to DMV systems, audit requirements; making the driver license or identification card the recognizable document for proof of full legal names; commercial driver’s license (CDL) federal program requirements; and amending ignition interlock information.

 

Discussion followed on the new federal CDL requirements. The Board expressed concern with the medical certification requirements because of the limited number of doctors in Idaho who are qualified to provide those certifications, although that is a separate issue than the proposed legislation. Staff was asked to inform legislators of this concern.

 

GAM McCarty also reported that negotiated rule-making will be occurring on IDAPA 39.03.62 and 39.03.64, Rules Governing Logo Signs and Tourist Oriented Directional Signs, respectively, to allow for privatization of those programs. Due to the timelines for that process, staff intends to propose those rule revisions in 2015.

 

Chairman Whitehead thanked GAM McCarty for the presentation.

 

Expressway Designation. District 3 Engineer (DE) Dave Jones said IDAPA 39.03.42 gives the Board authority to designate a highway as an expressway for the purpose of access control. An expressway is defined as a segment of highway for use as a through highway with partially controlled access, accessible only at locations specified by the Department. He requested designating three routes as expressways: US-95, Council Alternate Route, planned for construction in 2016; SH-16, Junction SH-44 to US-20/26, which is currently under construction; and SH-44, Eagle Alternate Route, which was constructed in the 1990s.

 

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

RES. NO.        WHEREAS, by virtue of IDAPA 39.03.42, the Idaho Transportation

ITB13-43        Department is charged with administration of highway rights-of-way and encroachments on state rights-of-way; and

 

WHEREAS, it is the purpose of this rule to establish standards and guidelines for encroachments on state highway rights-of-way; and

 

WHEREAS, in order to maintain system capacity, safety, and efficiency; maximize signal progression; and minimize delays to the traveling public, all approaches and signals shall be spaced in accordance with the standards noted; and

 

WHEREAS, an Expressway is a segment of a highway designated by the Idaho Transportation Board for use as a through highway, with partially controlled access, accessible only at locations specified by the Department, and characterized by medians, limited at-grade intersections, and high speeds; and

 

WHEREAS, an existing segment of state highway may only be designated as an Expressway if payment is made to adjacent property owners for the restriction of existing access rights; and

 

WHEREAS, the following road segments comply with the qualifications and necessity to be designated as Expressways:

                        Route              Location Description                                   From                    To__

                        SH-16              Highway 16 Extension (GARVEE)             97.90                100.00

                        SH-44              Eagle Alternate Route                                              16.18                 19.17

                        US-95              Council Alternate Route                              135.09               135.81

                        and;

 

WHEREAS, the Board wishes to protect and preserve these road segments in accordance with the rule.

 

NOW THEREFORE BE IT RESOLVED, that the Board approves the designation of the above road segments as Expressways.

 

The motion passed 5-1 with Member Horsch dissenting.

 

District 4 Report. DE4 Devin Rigby reported on the project delivery performance measure. All 17 of the FY14 projects were delivered. The District has $72 million worth of projects under construction this year, plus a $13 million project that started last year. To address a safety concern with wildlife and vehicle collisions on SH-75, a committee was established. One of the outcomes was the reduction of the speed limit to 45 miles per hour at night. Thirty-two of the 60 crashes that occurred in the Hailey to Ketchum stretch last year involved animals and of those 32 incidents, 23, or 72% occurred at night.

 

DE4 Rigby reported on an economic opportunity project. Improvements were made to a railroad crossing in Shoshone. As part of that project, Americans with Disabilities Act deficiencies were also corrected at nearby intersections.

 

Chairman Whitehead thanked DE4 Rigby for the report and for the District’s hospitality.

 

Executive Session on Personnel and Legal Issues. Member Gagner made a motion to meet in executive session at 11:35 AM to discuss personnel and legal issues as authorized in Idaho Code Section 67-2345(a), (b), and (f). Vice Chairman Coleman seconded the motion and it passed 6-0 by individual roll call vote.

 

Discussions were held on personnel and legal matters.

 

The Board came out of executive session at 3:45 PM.

 

Proposed Rules Governing Marking of Hazards to Air Flight – IDAPA 39.04.02. CD Stokes requested revisions to IDAPA 39.04.02 due to 2013 legislation that exempted power marketing firms from lighting and marking guyed towers and exempting “ham” and “CB” radio towers from the requirement to light and mark their guyed towers.

 

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

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

ITB13-44        changes to Idaho Transportation Department rules; and

 

WHEREAS, the Board finds the changes to IDAPA 39.04.02 necessary due to legislative changes and for continuity and safety of aircraft operations within Idaho; and

 

WHEREAS, the Aeronautics Advisory Board has concurred with these recommendations.

 

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

Modify Administrative Rule 39.04.02 – Rules Governing Marking of Hazards to Air Flight.

Clarify that power marketing firms are exempt from lighting and marking guyed towers.

Clarify that “ham” and “CB” radio towers are exempt from lighting and marking guyed towers; and

 

BE IT FURTHER RESOLVED, that the Board approves the request to submit the changes as listed above for Administrative Rule 39.04.02 and directs staff to promulgate and proceed with the regular rulemaking process for Rule 39.04.02 effective July 1, 2014.

 

Proposed Rules Governing Idaho Airport Aid Program – IDAPA 39.04.04. CD Stokes requested revisions to IDAPA 39.04.04. ITD, the Division of Aeronautics, and the Aeronautics Advisory Board approved new procedures for the administration of the Idaho Airport Aid Program, establishing uniform project prioritization and annual grant program funding allocation methodologies. Certain formulas, priorities, percentages, terms, and procedures of the program changed, requiring amendments to IDAPA 39.04.04. Additionally, changes to Idaho Code from the 2005 legislature require modifications to this rule.

 

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

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

ITB13-45        changes to Idaho Transportation Department rules; and

 

WHEREAS, the Board finds the changes to IDAPA 39.04.04 necessary due to legislative changes and for continuity of airport funding within Idaho; and

 

WHEREAS, the Aeronautics Advisory Board has concurred with these recommendations.

 

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

Modify Administrative Rule 39.04.04 – Rules Governing Idaho Airport Aid Program.

Define terms that are important to understanding rule implementation.

Modify the order of the information in the rule for better flow and understanding of requirements.

Specify the funding alternatives that no longer reflect the policy and capabilities of the Idaho Airport Aid Program.

Specify the critical data needed to determine the percent of cost for Idaho Airport Aid Program matching grants.

Clarify the type of data needed and level of detail requirement to demonstrate that public funds are expended on viable and long term projects that protect the public investment; and

 

BE IT FURTHER RESOLVED, that the Board approves the request to submit the changes as listed above for Administrative Rule 39.04.04 and directs staff to promulgate and proceed with the regular rulemaking process for Rule 39.04.04 effective July 1, 2014.

 

Rules Governing Safety Rest Areas – IDAPA 39.03.50. Chief Engineer (CE) Tom Cole said the 2008 legislature pre-empted the field of firearm regulation and prohibited state agencies from regulating firearms because it interfered with second amendment rights; however, universities and the Idaho Department of Fish and Game were exempted from this law. As a result, IDAPA 39.03.50, Rules Governing Safety Rest Areas must be revised because the rule currently prohibits the discharge of firearms at these facilities. He added that Idaho Code allows counties and cities to regulate the discharge of firearms within its boundaries.

 

In response to Member Kempton’s question, CE Cole said there would be no impact to individuals with a concealed weapon permit. Hunters would not be affected either, unless the local public agency has prohibitions.

 

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

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

ITB13-46        requested changes to Administrative Rules; and

                       

WHEREAS, the Board finds the requested changes to the Rules Governing Safety Rest Areas are necessary to comply with changes made to Idaho Code and to clarify prohibited acts.

 

NOW THEREFORE BE IT RESOLVED, that the Board approves the recommended changes to IDAPA 39.03.50, Rules Governing Safety Rest Areas; and

 

BE IT FURTHER RESOLVED, that the Board directs staff to proceed with rulemaking on IDAPA 39.03.50. 

 

New Business. Motor Vehicles Administrator (MVA) Alan Frew said the Department received a letter from the Idaho Housing Alliance (IHA) requesting a Board exemption from the reducible load rule requirement. The manufacturer of manufactured homes, park models, and modular structures would like the Board to allow two park models on one 80’ chassis. The Board can grant a waiver due to emergencies. MVA Frew reminded the Board that the IHA had requested a similar waiver in March 2012, which was granted by the Board. That waiver was rescinded in March 2013 after no activity regarding its use was reported.

 

Member Vassar asked about IHA’s description of the economic hardship provided for in the Department’s administrative rules. MVA Frew said the hardship described in the letter is the company’s inability to bid competitively on a project. It would be an economic advantage to transport two park models on one chassis. The consensus of the Board was this request does not constitute an emergency and it denied the request.

 

Due to time constraints, Chairman Whitehead delayed the scheduled policy introductions.

 

 

            WHEREUPON, the Idaho Transportation Board’s regular monthly meeting officially adjourned at 3:55 PM.

 

   ______________signed______________

JERRY WHITEHEAD, Chairman

Idaho Transportation Board

Read and Approved

September 19, 2013

Coeur d’Alene, Idaho

Page Last Modified: 9/20/2013 3:22:17 PM

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