REGULAR MEETING OF THE IDAHO TRANSPORTATION BOARD
November 20, 2013
The Idaho Transportation Board met at 8:30 AM, on Wednesday, November 20, 2013, at the Idaho Transportation Department in Boise, Idaho. The following principals were present:
Jerry Whitehead, Chairman
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
Board Minutes. Member DeLorenzo made a motion to approve the minutes of the special Board meeting held on October 15, 2013 and the minutes of the regular Board meeting held on October 23-24, 2013 as submitted. Vice Chairman Coleman seconded the motion and it passed unopposed.
Board Meeting Dates. The following meeting dates and locations were scheduled:
December 11-12, 2013 – Boise
January 15-16, 2014 – Boise
February 19-20, 2014 – Boise
Consent Calendar. Member Gagner made a motion, seconded by Member Vassar, and passed unopposed, to approve the following resolution:
RES. NO. WHEREAS, consent calendar items are to be routine, non-controversial, self-
ITB13-58 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 certification of receipts and disbursements; the removal of Broadford Road, Bellevue from the Local Urban Program; FY14 Public Transit Program adjustments; and the Idaho Transportation Department annual report.
1) Certification of Receipts and Disbursements. The FY13 certification of receipts and disbursements cash basis, as shown as Exhibit #432, which is made a part hereof with like effect, was submitted for Board approval in conformance with the requirements of Section 40-708, Idaho Code. Total receipts were $577,504,300, disbursements were $576,708,700, and the cash balance as of June 30, 2013 was $50,232,100.
2) Remove Broadford Road, Bellevue from the Local Urban Program. The City of Bellevue requests the removal of its $1.2 million project, Broadford Road, Bellevue, key #13089, from Preliminary Development of the Local Urban Program. The road is within a flood plain and meeting the federal standards for construction became cost prohibitive.
3) FY14 Public Transit Program Adjustments. The Community Planning Association of Southwest Idaho requests the delay of 23 projects that were not obligated in FY13 to FY14. The Lewis-Clark Valley Metropolitan Planning Organization and the Bonneville Metropolitan Planning Organization request the addition of two and four projects, respectively within their Transportation Improvement Program. The list of projects, as shown as Exhibit #433, is made a part hereof with like effect.
4) ITD Annual Report. The Annual Report is to be submitted to the governor by December 1, or at such time as the governor requires. The document reports on the condition, management, and financial transactions of the Department.
Informational Items. 1) Monthly Financial Statements. Net obligations through October totaled $95.4 million. Of those obligations, $90.6 million were for activities programmed for 2014; although the Program estimated those activities at $87.9 million. October’s obligations exceeded the three-year average for the same period. During the month, obligations included 19 projects totaling over $73 million and an early debt service payment of $13.9 million.
Federal aid to the State Highway Fund totals $110.2 million year-to-date. Revenue from the Highway Distribution Account is 1.1% below projections. Staff will monitor the revenue to determine if a trend is developing that will require adjustments. Miscellaneous revenue and transfers in from the elimination of the ethanol exemption is $.53 million over the estimate. Expenditures for personnel costs are 4.2% less than budgeted through September. This is due to a continued effort to evaluate the workforce. Total expenditures, including encumbrances, for operating expenditures reflect a 1% negative variance; however, that is a timing issue. Capital equipment has a 5% negative variance, which is also a timing difference in allotments. Contract construction spending is ahead of projections by 10%.
Aviation fuel tax revenue through September is 25% over projections. Staff does not believe the trend will continue; however, the forecast for the year was increased 1.5%. Miscellaneous revenue to the State Aeronautics Fund is 42% higher than projected because rates for using the state plane increased in July. The forecast for this category was increased 28%. Overall expenditures are less than budgeted.
2) Non-Construction Service Contracts Issued by Business and Support Management (BSM). From October 1 through October 31, the BSM Section processed three new professional service contracts for $283,671 and modified one service contract totaling $275,000.
3) Contract Awards. Keys #12322 and #12929 – US-95, Moscow Mountain Overlay, Latah County, and Lewis Road Left Turnbay, Latah County, District 2. Low bidder: Motley-Motley Inc. – $1,405,184.
Key #12331 – US-12, Crooked Fork Creek Bridge, District 2. Low bidder: Braun-Jensen, Inc. - $117,000.
Key #11582 – Five Mile Road; Franklin to Fairview Avenue, Boise, District 3. Low bidder: Staker & Parson Companies dba Idaho Sand & Gravel Company - $5,285,126.
4) Professional Services Agreements and Term Agreement Work Task Report. From October 1 through October 31, 19 new professional services agreements and work tasks were processed, totaling $1,794,710. Four supplemental agreements to existing agreements were processed during this period in the amount of $168,850.
5) Speed Minute Entry Changes for October 2013. The following speed minute entry changes were processed in October in District 4:
Beginning Ending Speed Limit
Route Milepost Milepost Old New
SH-24 66.760 66.960 65 55
SH-24 66.960 67.533 65 35
SH-25 45.312 46.539 35 35
SH-27 0.370 1.500 65 55
SH-46 100.000 100.500 35 35
SH-46 100.500 101.050 25 25
SH-46 101.050 101.301 35 35
SH-46 101.301 101.445 45 45
SH-46 101.445 110.530 65 65
SH-46 110.530 110.730 65 55
SH-46 110.730 110.970 45 35
SH-46 110.970 111.200 35 35
SH-46 111.200 111.730 35 25
SH-46 111.730 112.530 25 25
SH-46 112.530 112.590 35 25
SH-46 112.590 112.735 35 35
SH-46 112.735 112.764 35 55
SH-46 112.764 117.100 55 55
SH-46 117.100 117.116 55 65
SH-46 117.116 120.000 65 65
SH-46 120.000 134.250 55 65
SH-46 134.250 136.000 55 55
SH-46 136.000 142.470 55 65
SH-50 0.000 0.308 65 50
SH-75 73.659 74.080 25 25
SH-75 74.080 74.470 45 45
SH-75 126.817 127.660 45 35
SH-75 128.020 128.819 25 25
SH-75 129.775 137.474 65 55
SH-75 189.199 189.690 45 35
SH-75 Spur 0.300 3.599 35 35
US-30 180.070 180.130 60 45
US-30 180.270 180.617 45 25
US-30 180.617 181.270 35 25
US-30 181.270 181.306 35 45
US-30 200.884 201.460 35 25
US-30 202.020 202.425 35 25
US-30 223.263 223.545 60 50
US-30 223.545 223.910 55 45
US-30 223.910 224.000 35 45
US-30 224.570 224.655 45 35
US-30 225.040 225.055 60 45
US-30 225.055 227.180 60 55
US-30 227.180 227.294 45 35
US-30 228.000 236.880 65 55
US-30 236.950 237.250 55 45
US-30 237.250 237.720 65 45
US-30 237.720 238.500 65 55
US-30 252.000 254.200 65 55
US-30 256.300 256.650 55 45
Changes processed in District 6 included:
US-20B 346.565 347.151 30 35
US-20B 347.151 347.260 45 35
US-20B 347.260 347.351 45 55
A number of the speed minute entries reaffirmed existing speed limits previously set by city ordinance.
Director’s Report. Director Ness said four legislative outreach meetings have been conducted. Overall, he believes the meetings have been successful, and he thanked the Board members for their involvement. Improvements are being made to ITD’s nationally-recognized 511 traveler information system, resulting in the posted information being more current. He recognized several employees for their exceptional customer service.
In closing, Director Ness informed the Board that Chief Engineer (CE) Tom Cole will be retiring at the end of the month. He thanked CE Cole for his extensive, dedicated service to ITD. Chief Operations Officer (COO) Jim Carpenter elaborated on a number of CE Cole’s accomplishments and thanked him for his service. The Board also praised CE Cole for his valuable contributions to the Department and wished him well in his upcoming retirement.
Chief Deputy Stokes mentioned the recent Idaho Association of Highway Districts’ (IAHD) conference. The main focus was on partnerships. He commended IAHD Executive Director Stuart Davis’s efforts to develop and enhance partnerships and also for his work on increasing transportation revenue.
The Director’s entire report can be viewed at http://itd.idaho.gov/Board/report.htm.
Modifications to Proposed Idaho Administrative Rule 39.03.22-1302. Motor Carrier Services Manager (MCSM) Reymundo Rodriguez summarized 2013 legislation authorizing weight limits up to 129,000 pounds. Several rules are being modified to accommodate these changes. He said the rule revision process included a public review and comment period. Additionally, hearings were held in each District to provide an opportunity for the public to learn more about the rules and testify orally. A total of 92 people attended the hearings and almost 100 individuals submitted testimony. Most of the comments were positive. A lot of the remarks were directed at the legislation rather than the proposed rules. MCSM Rodriguez requested some additional changes to the Rules Governing Overlegal Permits for Extra-Length, Excess Weight, and Up to 129,000 Pound Vehicle Combinations to address the testimony received. The modifications mainly relate to the process to designate routes.
Motor Vehicle Administrator (MVA) Alan Frew added that a comment related to an agricultural exemption was also submitted. Currently, drivers do not need a commercial driver’s license (CDL) to operate farm vehicles within a 50-mile radius. Because of concerns with inexperienced drivers operating vehicle combinations weighing up to 129,000 pounds, it was suggested that only CDL holders may operate these heavier vehicles. Because that exemption is specified in Idaho Code, MVA Frew said the Department cannot address that issue via rule.
Member Vassar made a motion, seconded by Member Kempton, and passed unopposed to approve the following resolution:
RES. NO. WHEREAS, the Idaho Transportation Board has the authority to approve
ITB13-59 requested changes to Idaho Transportation Department rules; and
WHEREAS, the Board finds changes to proposed IDAPA 39.03.22-1302 necessary due to legislative changes and testimony derived from public hearings and electronic/written comments.
NOW THEREFORE BE IT RESOLVED, that the Board approves the following
Administrative rule to be submitted for change:
Modify proposed Administrative Rule 39.03.22-1302 – Rules Governing Overlegal Permits for Extra-Length, Excess Weight, and Up to 129,000 Pound Vehicle Combinations, which address the recommendations received by the Department.
Instruct the requestor that they must forward the request form to adjacent local jurisdictions of requested state routes.
Define the engineering and safety criteria utilized by the Department in review of requested routes.
Identify the possible actions (proceed to hearing, reject, or request additional information) by the Board Subcommittee on 129,000 Pound Truck Routes after reviewing the report from the Chief Engineer.
Include verbiage that the hearings will be conducted pursuant to the Idaho Administrative Procedures Act; and
BE IT FURTHER RESOLVED, that that Board approves the request to submit the changes as listed above for proposed Administrative Rule 39.03.22-1302 and directs staff to proceed with the regular rule making process.
Chairman Whitehead thanked the Board members for their participation in this process as hearing officers. He also acknowledged staff’s extensive efforts on this important issue.
Community Choices for Idaho Program Update. Ted Vanegas, Senior Transportation Planner (STP), reported on the Community Choices for Idaho Program. The Department received 89 applications for funding; however, only 64 met the requirements. The Community Choices Committee reviewed and scored the applications. It recommends funding 23 projects, including 18 infrastructure projects. STP Vanegas presented the list of recommended projects for informational purposes. Staff plans to request approval of the projects next month.
Chairman Whitehead thanked STP Vanegas for the presentation.
New Business. Vice Chairman Coleman reported that District 1 received a request for a special permit to close Lake Coeur d’Alene Drive for a three-day event next year. He noted the Diamond Cup has potential for significant economic benefit to the area.
DAG Allen said Idaho Code authorizes the Board to close highways to protect the public or the infrastructure.
Vice Chairman Coleman said the event attracts a lot of spectators. The safety of pedestrians is a concern. He also noted that the Department of Parks and Recreation will need to be involved in this discussion because of its jurisdiction of the Centennial Trail.
Policy Review. Member Kempton questioned proposed language in Board Policy 4039, Public Transportation Advisory Council (PTAC) related to reducing reliance on federal funding. He suggested discussing this policy with PTAC.
Member Kempton made a motion to hold Board Policy 4039 and to invite the PTAC members to discuss the policy with the Board. Member Vassar seconded the motion.
Member DeLorenzo also questioned the proposed policy changes and believes PTAC has concerns with it.
The motion passed unopposed.
Employee Service Awards. The Board participated in the Employee Service Awards. Member Kempton provided remarks on behalf of the Board.
Status of FY15 Appropriation Request. Financial Manager – Budget (FMB) Joel Drake reported on revisions to the FY15 appropriation request since it was submitted to the Division of Financial Management and Legislative Services Office in September. The overall spending authority request decreased by about $500,000 to $577.1 million. The main change reduces Operations expenditures by $6.2 million from the Division of Motor Vehicles’ (DMV) modernization project and moves the funds to Contract Construction. Other changes are due to the PERSI Board’s withdrawal of a rate increase and minor FY14 revenue forecast increases in Aeronautics funding. Additionally, the Full Time Position count is being reduced by 4 to 1,810.
Chairman Whitehead thanked FMB Drake for the update.
GARVEE Program Update. Controller Dave Tolman said the process to sell the last authorized GARVEE bonds in January has started. ITD’s bond rating has not changed. There is a balance of $23.6 million from Series 2011. Those funds must be fully liquidated by July 2014. Approximately $10 million is committed to the US-95, Garwood to Sagle project. Based on the cash flow forecast and an analysis of a drawdown of existing bond series, Controller Tolman recommended using GARVEE funds for the I-84 Interchange projects in Ada County instead of formula funds and using some formula funds for the US-95 project.
Vice Chairman Coleman made a motion, seconded by Member Gagner, and passed unanimously, to approve the following resolution:
RES. NO. WHEREAS, the Idaho Transportation Board is charged with determining the
ITB13-60 timeframe and scope of improvements for the State Transportation System; and
WHEREAS, Idaho Code § 40-315 directs the Board to consider the cost of the projects and whether or not the project could be funded without Grant Anticipation Revenue Vehicle (GARVEE) bonding; and
WHEREAS, Idaho Code § 40-315 directs the Board to balance and coordinate the use of bonding with the use of highway construction funding; and
WHEREAS, Idaho Code § 40-315 authorizes federal-aid debt financing through the issuance of GARVEE bonds by the Idaho Housing and Finance Association for highway transportation projects; and
WHEREAS, legislative appropriations enacted in 2006, 2007, 2008, 2009, 2010, and 2011 authorized the issuance of GARVEE bonds; and
WHEREAS, the Board is granted the statutory responsibility and duty to allocate GARVEE bond proceeds among legislatively authorized projects, including:
US-95, Garwood to Sagle
US-95, Worley to Setters
SH-16 Extension, I-84 to South Emmett
I-84, Caldwell to Meridian
I-84, Orchard to Isaacs Canyon
US-30, McCammon to Soda Springs; and
WHEREAS, transferring eligible development and right of way costs from the I-84 Meridian, Broadway and Gowen Interchanges and their companioned projects to GARVEE bonds and offsetting the formula funds to US-95, Garwood to Sagle projects will optimize the cash flow for the 2011 A Series Bonds; and
WHEREAS, construction related expenditures for the I-84 Meridian, Broadway and Gowen Interchanges and their companioned projects will be funded primarily with GARVEE bonds to ensure timely drawdown on the 2014 A Series Bonds.
NOW THEREFORE BE IT RESOLVED, that the Board approves the Revised GARVEE Program Fiscal Year 2014 Working Plan Summary, as shown as Exhibit 434, which is made a part hereof with like effect, a copy of which has been provided to the Board.
Alternative Project Delivery Program. Innovative Contracting Manager (ICM) Amy Schroeder provided an update on the design-build (DB) and construction manager/general contractor (CMGC) alternative project delivery methods. She believes the first DB project, SH-44, Linder to Ballantyne was successful, partly due to the collaborative approach and excellent communication. Because this delivery method was used, the project was under construction approximately one year sooner than if it would have been constructed using the traditional method. The contractor accelerated the construction time, reduced impacts to the public, and implemented fewer traffic switches.
No responsive proposals were received on the FY15 District 6 US-20, Commercial Weight and Safety Compliance Stations DB project. ICM Schroder believes that may have been due to the project not being well defined. Work is proceeding on District 3’s FY15 SH-55, North Fork Payette River project. The Request for Qualifications was issued earlier this month and to date, the Department has received a good response. She added that work will start soon on one DB and two CMGC projects programmed in FY17.
Regarding the overall alternative project delivery program, ICM Schroeder said outreach and training are continuing. The DB manual is almost complete and the CMGC manual is still being drafted. The procurement documents for DB have been completed, but not for CMGC.
Chairman Whitehead thanked ICM Schroder for the update on this program.
Executive Session on Personnel and Legal Issues. Member Gagner made a motion to meet in executive session at 11:50 AM to discuss personnel and legal issues as authorized in Idaho Code Section 67-2345(b) and (f). Member DeLorenzo 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 3:10 PM.
Annual Update on Research Program. Ned Parrish, Research Program Manager (RPM), reported on the Research Program. The budget for FY14 is $1.4 million, with 12% from state sources. Federal statutes require that 2% of funding for roads and bridges be used for planning and research, with some state match required. He summarized some of the FY13 research projects. Assistance is being provided for leadership development, including training, leadership assessments, mentoring efforts, and communication strategies. Three projects are underway on the use of salt brine. The safety benefits of “Idashield” signs at railroad crossings are being evaluated, low cost methods to improve passing lane safety are being studied, and a methodology for prioritizing locations for wildlife and vehicle mitigation methods is being developed.
RPM Parrish reported on projects planned in FY14. Some of the research projects include studying multi-modal freight movement on the US-95 corridor, studying the economic cost of vehicle crashes in Idaho, evaluating fiber-reinforced asphalt, and evaluating traffic signal detection system performance.
Chairman Whitehead thanked RPM for the informative report and for his efforts on this important program.
National Safety Issues Update. CE Cole said ITD is involved in a number of national transportation issues. He elaborated on the Strategic Highway Research Program’s Naturalistic Driving Study. Because drivers cause or contribute to over 90% of vehicle crashes, the study’s goal is to improve traffic safety by obtaining objective information on driver behavior and driver interaction with the vehicle and roadway. Volunteers are allowing cameras to be placed inside their vehicle to observe their actions while driving. This will provide volumes of data collected at highway speeds on driver behavior, including what drivers were doing just before a crash and actions taken to avoid collisions. Plans are to finish data collection by the end of this month, complete data files by March 2014, and complete all data file enhancements by December 2014. CE Cole emphasized that it is a big, time-consuming, expensive project. There is a lot of interest in the project from other entities, such as insurance companies. In conclusion, CE Cole thanked the Board for its support over the years.
The Board thanked CE Cole for the presentation and again expressed appreciation for his dedicated service and contributions to ITD.
Policy Review. Member Vassar made a motion to approve revisions to Board Policy 4038, Public Transportation Program, formerly B-28-01, which was introduced last month. Member DeLorenzo seconded the motion and it passed unanimously.
Policy Introduction. COO Carpenter outlined minor, non-substantive changes to Board Policy 4044, Safety Rest Areas and Oasis Partnerships, formerly B-05-14.
Member DeLorenzo made a motion to approve Board Policy 4044, Safety Rest Areas and Oasis Partnerships and to recommend director approval of the corresponding administrative policy. Vice Chairman Coleman seconded the motion and it passed unopposed.
COO Carpenter said the only change to Board Policy 4045, State Institution Road Improvement, formerly B-05-15, was the inclusion of a purpose statement and legal authority.
Vice Chairman Coleman made a motion to approve Board Policy 4045, State Institution Road Improvement and to recommend director approval of the corresponding administrative policy. Member DeLorenzo seconded the motion and it passed unopposed.
COO Carpenter summarized the minor revisions to Board Policy 4046, Right-of-Way Fencing, formerly B-05-19; however, he noted more substantive changes are being proposed to the corresponding administrative policy.
Member DeLorenzo made a motion to approve Board Policy 4046, Right-of-Way Fencing. Member Horsch seconded the motion and it passed unopposed. Due to the substantive changes to the corresponding administrative policy, the Board requested additional time to review those revisions.
Member Vassar noted that the only changes to Board Policy 4047, Entering Private Property, formerly B-07-01, are the inclusion of the legal authority and purpose statement. She made a motion to approve Board Policy 4047, Entering Private Property. Vice Chairman Coleman seconded the motion and it passed unopposed. Member DeLorenzo made a motion, seconded by Vice Chairman Coleman, and passed unopposed, to recommend director approval of the corresponding administrative policy, #5047.
Administrative Policy Review. COO Carpenter summarized changes to Administrative Policy 5507, Road Equipment Management, formerly A-05-40. The revisions update the policy to align with the Transportation Asset Management System. There is no corresponding Board Policy.
Member Kempton made a motion to recommend director approval of Administrative Policy 5507, Road Equipment Management. Vice Chairman Coleman seconded the motion and it passed unopposed.
New Business. Government Affairs Manager Mollie McCarty said additional changes are being proposed to the draft legislation for the 2014 session. The two proposals related to background checks for access to DMV systems and making the drivers’ license or identification card the recognizable document for proof of a legal name, are being pulled. Work is continuing on the ignition interlock proposal and revisions may be presented for Board consideration later.
Chairman Whitehead thanked GAM McCarty for the update.
WHEREUPON, the Idaho Transportation Board’s regular monthly meeting officially adjourned at 4:10 PM.
JERRY WHITEHEAD, Chairman
Read and Approved
December 11, 2013