SPECIAL VISIONING SESSION AND REGULAR MEETING OF THE

IDAHO TRANSPORTATION BOARD

 

February 15-16, 2001

 

The Idaho Transportation Board met at 8:30 AM, on Thursday, February 15, at the Idaho Transportation Department, Boise, for a special session to discuss the future of the transportation system.  The following principals were present:

         Charles L. Winder, Chairman

         John X. Combo, Vice Chairman – District 6

         John McHugh, Member – District 1

         Bruce Sweeney, Member – District 2

         Monte C. McClure, Member – District 3

         Gary Blick, Member – District 4

         Neil Miller, Member – District 5

         Sue S. Higgins, Secretary to the Board

         Dwight Bower, Director

         Jimmy Ross, Chief Engineer

         Steve Bywater, Deputy Attorney General

 

Director Bower introduced Marsha Bracke, the facilitator for the work session.  Chairman Winder emphasized that the intent of the meeting was to envision the future of transportation and the role of ITD, not to revise the Department’s vision and mission statement.

 

Transportation Planning Administrator (TPA) Charles Rountree summarized the transportation symposium held last August.  The Department’s Executive Management team will conduct a retreat in May to evaluate the outcomes of the symposium.  Key considerations for the future are planning and the strategic plan; technology; organization, management, and staff; outside involvement and information; attitude; and money.

 

Discussion followed on the role of ITD in the future.  The Board perceives that partnerships will be more imperative.  The cooperation and collaboration efforts will elevate with a number of entities.  Local jurisdictions will likely have more control on transportation issues and it is believed that there will be a stronger emphasis on planning at that level.  ITD will need to link the locals’ plans into a complete, comprehensive product, and ensure a seamless transportation system throughout the state.  ITD should work closer with other state agencies, particularly in the economic development arena.  Although several options were mentioned, the consensus was to wait until Governor Kempthorne establishes his Rural Economic Development Team, as it appears that would be an excellent avenue for this collaboration and communication.  Additionally, the importance of working with other states will increase, especially when the states’ infrastructure plans and activities are near the border and may impact Idaho’s system.  The Board also suggested that ITD could learn from others, particularly cities that have experienced growth and metropolitan planning organizations (MPOs).  Staff was encouraged to contact cities to determine what efforts were successful in addressing growth and what activities did not work.  The Board also suggested determining how a well-functioning MPO is comprised and its role with the state department of transportation.  How ITD would interact with a transportation management area was also questioned.

 

Regarding funding, different and diverse funding mechanisms should be pursued, particularly with the emphasis on alternative fuels.  Director Bower added that alternative fuel is a national issue, so Idaho will not be alone in addressing that matter.  The philosophy has been that users pay for the transportation infrastructure, according to Member Sweeney.  He indicated that it might be difficult to change that attitude and develop a different source of revenue.  The general consensus of the Board was that the Department needs to develop a plan outlining its needs first.  Once a plan has been established, then additional or new funding sources should be explored.  Chairman Winder added that the legislature is often reluctant to approve additional revenues for ITD without public acceptance and support.  He suggested a broad public information campaign to educate the public on the Transportation Department, including the various activities, operations, funding sources, and constraints or restrictions.

 

TPA Rountree provided current and projected traffic counts for 2010 and 2020 on the state highway system.  He also elaborated on the factors to consider expanding a two-lane highway to four lanes, and emphasized that the projected counts are to be used for reference purposes only.

 

Planning Services Manager Gary Sanderson explained the process to collect pavement condition information.  He summarized the major effort since 1994 to improve pavement conditions in Idaho.  Currently, 18% of the pavement is deficient.  The goal is to decrease that to 15%, however, he emphasized that it will be more difficult to obtain that goal and then to maintain it.  He added that it is important to continue the emphasis on pavement conditions, to continue developing better pavements, and to find better ways to decrease traffic through traffic management.  The Board asked staff to determine the commitment necessary to achieve and maintain deficient pavement conditions of both 15% and 10%.

 

Bridge Engineer Matt Farrar provided information on the states’ bridges, including age, life expectancy, and factors that contribute to deficient structures.  He explained the Department’s three-pronged approach: bridge replacement, rehabilitation, and minor repair.  He foresees more rehabilitation needed as the state’s bridge decks age.

 

DAG Bywater reported that bonding, turnpike projects, and third party donations are funding options for new money.  Advance construction does not provide new money, but it is an innovative technique to advance projects, and ITD has utilized that mechanism.  Other funding options that would need legislative authorization include indexed fuel taxes, rental car surcharges, lottery fund receipts, increased registration fees, alternative fuel vehicle fees, shared resource projects, and sales taxes.

 

A brief discussion was held on adding mileage to the state highway system.  Due to the continued growth the state is experiencing, Member Blick believes ITD needs to consider adding mileage to its system without the requirement of relinquishing equal mileage.  Member Miller commented that some rural, sparsely populated counties are struggling financially and are having difficulty maintaining their systems.  He referenced a former state highway that has deteriorated considerably on the county system because of insufficient resources.  He added that other counties are experiencing a lot of growth, but not necessarily additional revenue.

 

Intermodal Planning Manager Pat Raino summarized the creation, intent, and status of corridor plans.  Although very few plans have been completed to date, due to the 1½ to 2-year timeframe to develop, she believes corridor plans are a valuable tool.

 

Assistant Chief Engineer – Design (ACE-D) Steve Hutchinson provided a history of by-passing cities.  The National Environmental Policy Act plays a big role in this determination.  He said that there are many variables to consider, so each case should be looked at individually.  He added that ITD’s objective is to provide a safe and efficient transportation system. In conclusion, he discouraged establishing a policy on bypassing cities, and recommended increasing an emphasis to consider bypasses in the corridor plans and addressing this issue in procedural manuals.  The Board gave unanimous consent to proceed in this direction.

 

ITD currently has a five-year Highway Development Program that also includes Preliminary Development, and a long-range plan extending 20 years, although that plan is not well defined, according to CE Ross.  Because the Department lacks a plan for the interim period, staff developed “reaches” to link the two plans.  CE Ross said a reach is a segment of highway with a higher priority and was identified because of its high traffic volumes, safety concerns, or importance to economic growth.  The Division of Highways’ objective is to preserve the current transportation system, rehabilitate the system as necessary, and then to improve the system.  Director Bower elaborated on the reaches and stated that recently-completed or planned improvements were considered as part of the overall process.   The list of reaches staff identified was reviewed, although Director Bower emphasized that the list is preliminary and if the Board members support this concept, he would like their input to refine the list of reaches to pursue.

 

The consensus of the Board was to endorse the reaches concept.  Staff was directed to involve the District Engineers in identifying the appropriate reaches to focus on at this time.  The Board suggested that the list of reaches needs to be better defined before cost estimates are developed.  The Board also asked staff to then incorporate the reaches into the visioning map it compiled last year on what the transportation system may look like in 20 years.

 

The Board thanked staff for the informative reports and presentations, and Ms. Bracke for her assistance.  Chairman Winder expressed his belief that the session was beneficial and his desire to conduct more visioning sessions this year.

 

Appeals Process.  During staff’s legislative presentation of Rule IDAPA 39.03.42, Use of State Right-of-Way, several concerns were expressed, including that the Board has been removed from the appeals process.  Budget, Policy, and Intergovernmental Relations Manager (BPIRM) Mary Detmar said staff will review the Rule in detail tomorrow, however, she informed the Board that the Senate Transportation Committee (STC) would like to hear from the Board on the appeals process.  The consensus of the Board was to have Chairman Winder and DAG Bywater appear before the STC on this issue. (See later minute entry on IDAPA 39.03.42.)

 

         WHEREUPON the meeting recessed at 3:30 PM.

 

 

February 16, 2001

 

The Transportation Board meeting reconvened at 8:25 AM on Friday, February 16 at the Transportation Department in Boise for a pre-meeting review of the agenda.  All members were present except Chairman Winder, who had a prior commitment. Vice Chairman Combo presided.

 

January 18-19, 2001 Board Minutes.  Member McHugh made a motion, seconded by Member Miller, to approve the minutes of the Board meeting held on January 18-19, 2001 as submitted.  The motion passed unanimously.

 

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

March 15-16, 2001 – Boise

April 18-19, 2001 – District 2

May 16-17, 2001 – District 6

June 20-22, 2001 – District 4

 

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

RES. NO.       NOW THEREFORE BE IT RESOLVED, that the Transportation Board approves the revisions to Board Policies B-28-01, Public Transportation

TB01-04        Program, and B-28-02, Public Transportation Advisory Council; and the request for a supplemental agreement, SH-51, District 3; and has received and reviewed the contract award information, the new and supplemental professional agreements report, the quarterly returned check report, and the out-of-state travel budget expenditures for the first half of FY01.

 

1)  Board Policies B-28-01, Public Transportation Program, and B-28-02, Public Transportation Advisory Council.  These policies have been modified to reflect the deletion of the Regional Public Transportation Advisory Committees in accordance with Idaho Code, and to align the wording more closely with Idaho Code.

 

2)  Request for Supplemental Agreement, SH-51, District 3.  The Mountain Home Railroad Underpass project is scheduled for construction in 2001 at an estimated cost of $17.5 million.  The complexity of the project has required several design changes.  This supplemental request is for a culvert and drainage work on two detour routes, including redesigning a pump station.  The Union Pacific Railroad also had several changes to the bridge details, curb heights, and deck waterproofing, requiring adjustments to the plans.  This supplemental in the amount of $80,000 with W&H Pacific would bring the total agreement with supplements to $1,555,346.

 

3)  Contract Award Information.  Key #7357 - Greenleaf West City Limit to Railroad Crossing, SH-19, District 3.  Low bidder:  Central Paving Company, Inc. - $225,434.

 

The following bids were more than ten percent over the engineer’s estimate and were rejected:  Key #7620 – Line to Division Street, Pathway, Deary, SH-8, District 2.

 

Key #6631 – Palouse River Bridge, US-95, District 2.

 

4)  New and Supplemental Professional Agreements Report.  From January 3 to January 30, the Consultant Administration Unit processed $1,291,000 in new and supplemental agreements.

 

5)  Quarterly Returned Check Report.  During the second quarter of FY01, $24,636,716 in checks were received while $39,595, or 0.16% were returned.  Collections amounted to $18,733 for an annualized collection rate of 78%.

 

6) Out-of-State Travel Summary.  During the first half of FY01, $126,598 was expended on out-of-state travel.  The budgeted amount is $447,446 for an estimated 209 trips.

 

Board and Administrative Policies B- and A-09-06, State Highway System Adjustments and B- and A-14-10, Highway System Adjustments.  Along with a name change to B-09-06, the policy was updated to include information on the Board Subcommittee on State Highway System Adjustments (formerly the Subcommittee on Additions to and Deletions from the State Highway System), clarify Idaho Code requirements, clarify how state highway evaluations are determined, and incorporate information on finalizing state highway system actions.  A-09-06 had similar revisions, along with establishing criteria for state highway system adjustments, assigning responsibilities, and detailing the state highway system adjustment process.  With the revisions to these policies, staff recommends deleting B- and A-14-10, Highway System Adjustments.

 

Vice Chairman Combo said the policy still includes the criteria for rating rural routes.  He added that the policies are in compliance with Idaho Code. 

 

Member Blick made a motion to approve the revisions to Board Policy B-09-06, State Highway System Adjustments and the deletion of B-14-10, Highway System Adjustments.  Member Miller seconded the motion and it passed unopposed.

 

Board Items.  Member Miller expressed concern with the recent delay to award the contract on the US-20, Jefferson/Bonneville County Line Interchange project in District 6 because the low bidders’ responsiveness was questioned.  A similar incident occurred recently in District 5, where a subcontractor was not named, and he questioned means to alleviate this problem.

 

ACE-D Hutchinson reported that a legislative proposal is being considered that would exclude highway projects from the naming provision.  Director Bower added that he discussed the Department’s concerns on this issue with Senator Evan Frasure.

 

Director’s Items.  Director Bower reported that the Department’s budget request was presented to the Joint Finance and Appropriations Committee (JFAC) on February 8.  The joint germane committee chairs appeared before JFAC on February 11 to address ITD’s budget.  JFAC is expected to act on the budget next week.

 

A meeting on the CANAMEX draft document was held in Blackfoot earlier this month.  Director Bower thanked Vice Chairman Combo and Member Miller for attending the meeting.  He said the comment period on the document will close on March 15.  The main points in the document applicable to Idaho include approximately $880 million in infrastructure improvements on the I-15 corridor from McCammon to north of Idaho Falls over the next 30 years, and the aggressive pursuit of smart trucking/smart tourism, which includes intelligent transportation systems.

 

Next week Director Bower will be meeting with Congressman Otter to discuss transportation issues.  Chairman Winder and Member McClure have also been invited to attend.

 

Director Bower spoke at the recent Moscow Chamber of Commerce annual legislative meeting in Boise.  He reported that the Chamber was quite complimentary of ITD for the projects recently completed and planned in the area, and also for the good partnership that has been established with the District Office.

 

Earlier this week, Director Bower met with Governor Kempthorne.  The Governor is  interested in providing a high-speed broadband network throughout the state.  Some companies are interested in laying this fiber in the interstate right-of-way.  Director Bower reminded the Board that a consultant is working on this issue, and he said he would keep the Board informed on activities occurring on the broadband network.  Director Bower also discussed with Governor Kempthorne ITD’s role in fostering economic development and the relationship with the Department of Commerce.  Director Bower recently attended a meeting in Idaho Falls to discuss the possible location of a business to the area and a proposed interchange along I-15.

 

Chief Engineer’s Items.  At the December meeting, the City of Buhl asked the Board to advance the US-30 rehabilitation project in Buhl to FY03 to coincide with the city’s planned improvements.  CE Ross reported that at this time staff believes the project can be advanced, however, he suggested making that change during the program update rather than as a special item.  Without objection, the Board approved that direction.

 

CE Ross provided a history of the Slate Creek Rest Area, which used to belong to ITD.  The facility is hidden from the roadway, difficult to maintain, and experienced vandalism, so the Bureau of Land Management (BLM) assumed responsibility for it in 1986.  Signage is posted for the facility, but not specifically as a rest area.  BLM does not want to relinquish the rest area, nor does it want the facility signed as a rest area.  Although the public is welcome to use the facility, it is a fee-area campground.

 

Vice Chairman Combo thanked Mr. Ross for the report.  He announced that next week is the 50^th anniversary of Engineers’ Week, and he thanked all of the engineers at the Department for their service to the state.

 

Financial Statement.  Controller Susan Simmons explained the procedures to prepare and analyze the financial statement.  She reported that revenues in the State Highway Fund continue to be ahead of the forecast.  The State Aeronautics Fund revenue, however, is almost 9% behind projections in the fuel tax area.  Last month the revenue was 5% above projections.  Staff believes these fluctuations are a timing issue between the Tax Commission and the distributors and is researching the issue to determine why this is happening.  The aircraft pool revenue is approximately 22% behind year-to-date projections.  The King Air appears to be flying close to the anticipated usage, however, the other two planes have seen a decline in activity.  The expenditures are at or below expectations in all major categories.

 

Legislative Update.  BPIRM Detmar reported on various legislative proposals impacting ITD.  To date, all of ITD’s bills are progressing well with the exception of the Commercial Drivers License Compliance proposal, which was held in committee.  She stated that the STC approved Patrick Scott’s appointment to the Aeronautics Advisory Board.

 

BPIRM Detmar summarized the legislation on traffic accident memorials and said accompanying rules would need to be implemented.  In response to Director Bower’s question if the legislation only applies to state highways, BPIRM Detmar replied yes.  She added that the interstate is currently excluded, however, Senator Frasure asked the Department to consider including the interstates.  Vice Chairman Combo asked if federal restrictions prohibit traffic accident memorials along interstates.  BPIRM Detmar replied no.  She said encroachment is an issue and safety is a concern.  Member Sweeney asked if the memorials create problems for mowing.  CE Ross replied that memorials might cause problems occasionally, depending on the location.  He does not believe mowing would be a concern along interstates, but the permitting process, along with safety and liability when the signs are erected because vehicles are not allowed to park along interstates are concerns.

 

BPIRM Detmar reported that the Legislature has received numerous comments on last year’s action repealing the weight-distance tax and replacing it with higher registration fees.  A subcommittee of the House Transportation and Defense Committee has been established to review this issue and the legislative proposals that have been developed.  She also reported that there have been some discussions to extend the 129,000-pound pilot project and change some of the routes included in the project.

 

The Board thanked BPIRM Detmar for the legislative report.

 

Rule IDAPA 39.03.42, Use of State Right-of-Way.  Assistant Chief Engineer – Operations (ACE-O) Greg Laragan provided a summary of the proposed rule revisions, which the Board approved in July 2000.  The rule was initially presented to the joint germane committees, then additional presentations were made to address specific items of concern.  The issues related to clear zone requirements, fees, the appeals process,  prohibition of longitudinal placement of utilities in areas of full control of access, and requirements for casings and conduits for utility installations.  Utility companies opposed the last two items.

 

The House Transportation and Defense Committee encouraged the Department to prepare a temporary rule addressing their concerns for submittal to the Governor following the legislative session.  However, the fee schedule cannot be processed through a temporary rule.  ACE-O Laragan said staff agreed to work with the utility companies to ensure mutually acceptable language.  He said staff will present the rules to the Board after the legislative session.

 

The general sense of the Board was for staff to continue in this manner.  Vice Chairman Combo thanked ACE-O Laragan for the information and his efforts on this important issue.

 

Supplemental Consultant Construction Services, I-84, Wye Interchange, Key 2520, District 3.  Assistant District 3 Engineer (ADE) Jeff Miles said the Department has an agreement with Parsons Brinkerhoff to provide construction inspection and management services to supplement the District personnel for the Wye interchange project.  The current agreement plus one supplemental totals $3,026,076.  Due to the project running long, additional services from Parsons Brinkerhoff in the amount of $1,110,000 are being requested to see the project through completion, estimated in October 2001.  ADE Miles identified the funding sources for this proposed additional supplemental agreement.

 

The Board requested a breakdown of the costs for the supplemental agreement.  Staff will provide that information.

 

Member McClure made a motion, seconded by Member Blick, to approve the following resolution:

RES. NO.      WHEREAS, the I-84, Wye Interchange Project, key #2520, is of regional and statewide importance; and

TB01-05      

WHEREAS, current construction workload and the complexity of this project require additional construction inspection and management assistance; and

 

WHEREAS, the Idaho Transportation Department has been satisfied with the performance of Parsons Brinkerhoff with the construction services rendered to date; and

 

WHEREAS, additional funding is required to continue with construction inspection and management services for this project because it is behind schedule.

 

NOW THEREFORE BE IT RESOLVED, that the Idaho Transportation Board approves and authorizes the allocation of $1,110,000 for supplemental agreement number two for Parsons Brinkerhoff to continue to perform construction services for the above referenced project to ensure that the project is constructed per specification and in a timely manner.

 

Member Sweeney expressed concern with the cost of the consultant services for 15 personnel.  ADE Miles responded that the amount includes resources other than staff, such as a trailer and equipment.  Member Sweeney questioned hiring additional employees and having the staff in-house for this type of work.  Member McClure replied that the Wye Interchange is a big project.  It is difficult to staff for a project this size because when the project is completed, it may be necessary to let some employees go.  Member McClure added that he believes the contract is reimbursable, not a flat rate.  ADE Miles concurred and stated that staff believes the additional $1.1 million will cover all of the additional costs, but emphasized that the entire amount may not be used.  Member Blick said that overruns are common.  Because the construction cost is so high for this project, the supplemental for the construction engineering appears high.

 

The motion passed unanimously.

 

Director Bower added that ITD does not have a long history of utilizing consultant services for construction engineering.  The Department hires a lot of consultants for preliminary engineering, but not construction engineering.  He emphasized that the Department does not have the manpower to oversee this huge project.

 

Approval of FY00 Engineering, Education, and Enforcement (3E) Projects.  Major Glen Schwartz, Idaho State Police (ISP), thanked the Department for the 3E program.  He believes it is a very successful, positive program.  He appreciates the good communication ISP has developed with ITD and for the exchange of ideas and brainstorming to address safety concerns on the highways.  On behalf of ISP, he extended appreciation for the program and especially to the Office of Highway Safety staff for its help and assistance.

 

JoAnn Moore, Highway Safety Manager, said Headquarters staff worked with the Districts and ISP to develop applications to receive Section 163 (0.08 breath alcohol concentration) incentive grant funds for 3E projects.  Each District submitted an application.  A total of $800,000 in FY00 funding is available for programming.  A review team prioritized the applications and recommended funding the District 4 project at $487,408.  The remaining funds, $312,595, plus surplus amounts from closed out FY98 and FY99 projects were recommended for the District 5 project.

 

Ms. Moore elaborated on the two projects.  Collisions on I-84 from the King Hill Interchange to the Utah State Line and I-86, Salt Lake City Interchange to Raft River Interchange were mostly single vehicle crashes on dry roads, weather related, and aggressive driving related.  The project in District 4 would install rumble strips; increase enforcement by using dummy cars, variable message boards, and radar; and include a public information campaign.

 

In District 5, on I-15 from the Malad Interchange to the Downey Interchange; I-86, Rockland Interchange to the Junction with I-15; and US-91, Chubbuck to the Bonneville County Line, the majority of collisions were single vehicle.  Rumble strips on the interstates and thermoplastic pavement markings and sign upgrades on US-91 will be installed.  The project also consists of increased enforcement and an educational outreach.

 

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

RES. NO.      WHEREAS, the Transportation Equity Act for the 21^st Century (TEA-21) provides 23 USC Section 163 incentive grants to states that

TB01-06       have 0.08 Breath Alcohol Concentration (BAC) laws in effect; and

 

WHEREAS, the State of Idaho has a 0.08 BAC law and, therefore, receives annual Section 163 incentive grant funding; and

 

WHEREAS, the Idaho Transportation Department has committed those funds to safety projects, including an Engineering, Education, and Enforcement Safety (3E) Program; and

 

WHEREAS, the Office of Highway Safety, the Transportation Department District Offices and the Idaho State Police developed applications for District 3E projects; and

 

WHEREAS, a review team prioritized the applications for recommended funding conforming to program requirements.

 

NOW THEREFORE BE IT RESOLVED, that the Idaho Transportation Board directs staff to fund and program the projects as prioritized.

 

STP-Local Rural Exchange Program FY01 Recommendation.  CE Ross reviewed the options for the FY01 Exchange Program as presented last month.  With the earlier direction to explore the feasibility of phasing out the Program, staff recommends using a fixed rate of 61.67% for the exchange rate plus a $2.8 million floor reduced proportionately by the mileage transferred to the Federal Aid Incentive Program.  CE Ross added that the discussion on phasing out the Exchange Program will be included as part of the June work session on the Highway Development Program update.

 

Member McHugh stated his preference would be to only reduce the $2.8 million floor proportionately by the mileage transferred into the Incentive Program.  This would result in an exchange rate of 70.67%.  He supports phasing out the Exchange Program, however, he believes staff’s proposed scenario moves too fast and is too much of a cut to the locals.  Member McClure disagreed and stated staff’s recommendation is only a slight decrease in funding from the previous two years.  Member McHugh assumes some local entities establish their budget based on the previous year’s budget, and that those budgets have already been set.  He believes the proposed 61.67% rate is a reduction in revenue that the local officials did not anticipate.  Member Blick concurred and also expressed concern with the timing of this reduction to the Exchange Program.  Member Sweeney believes an exchange rate of 70.67% this year would result in a drastic reduction in revenue to the locals in a couple of years if the Program were phased out.

 

In response to Vice Chairman Combo’s question on the Local Highway Technical Assistance Council’s (LHTAC) position, Administrator Joe Haynes admitted he has concerns with the fixed rate of 61.67%.  However, he added that staff’s recommendation would provide additional funding for the Incentive Program, which he supports, and which may create a bigger incentive for locals to apply for the Incentive Program funding and drop out of the Exchange Program.  He believes the entities in the Exchange Program are aware that the funding level will gradually decrease.

 

Member McHugh made a motion to approve the FY01 funding level for the STP-Local Rural Exchange Program at a 70.67% exchange rate with the $2.8 million floor reduced proportionately by Federal Aid Incentive Program transfer mileage.  Member Blick seconded the motion.

 

Member McClure said he couldn’t support the motion.  He does not believe an exchange rate of 61.67% would have a significant impact to the local entities’ budgets and he favors phasing out the Exchange Program and encouraging entities to participate in the Federal Aid Incentive Program.  Member Sweeney also expressed concern with the fact that a number of local road jurisdictions do not tax, which he believes is a viable funding mechanism.

 

Vice Chairman Combo called for a role call vote.  Members McHugh, Blick, and Miller voted in support of the motion.  Vice Chairman Combo, and Members Sweeney and McClure opposed the motion.  The motion failed.

 

Member McHugh made a motion, seconded by Member McClure, to approve the following resolution:

RES. NO.      WHEREAS, the Idaho Transportation Board approved in November 2000 a state funds distribution formula for the STP-Local Rural Exchange

TB01-07       Program effective in FY02 which would institute an adjustment for obligation authority limitation on state funds and lock the exchange rate at 61.67%; and

 

WHEREAS, the current policy in FY01 would create a large swing in funding levels over the next few years which would create unrealistic funding expectations for those involved in the Exchange Program; and

 

WHEREAS, making the November 2000 Board decision effective in FY01 will stabilize the state funds distributions at realistic levels.

 

NOW THEREFORE BE IT RESOLVED, that the Idaho Transportation Board approves the Rural Exchange Funding Scenario 3 for FY01 – fixing the exchange rate at 61.67% and also applying obligation authority to that amount.

        

The motion passed five to one with Member Blick dissenting.

 

Delegation – Department of Lands.  Craig Foss, Community Forestry Coordinator, explained the purpose of the Community Transportation Enhancement Grant Program.  It provides federal transportation funds to Idaho cities to enhance transportation corridors through tree, shrub, and perennial plantings.  All projects are on public land.  The Board has funded the program the past two years at $100,000 annually with the Department of Lands and the Idaho Community Forestry Advisory Council administering the program. 

 

Mr. Foss summarized the project criteria and process.  He elaborated on the projects completed in the first year, as well as those planned for this year.  He emphasized the popularity and success of the program and encouraged the Board to continue funding this grant program on an ongoing basis.

 

Director Bower asked who provides the trees for the projects.  Mr. Foss responded that it is the applicant’s responsibility to secure the trees, however, he helps develop the specifications and determine what trees are appropriate for the area.

 

Member McHugh asked if Mr. Foss is requesting permanent funding of $100,000 annually from the Enhancement Program.  He replied that additional funding would be appreciated, but yes, the request is for $100,000.  He added that this Board action would  eliminate the Enhancement Advisory Committee’s review of the project every year.  Ms. Raino added that this project is a little different than the other projects in the Enhancement Program.  Because it was different and new, the Committee wanted to determine its success.  She suggested Board approval of this project through the life of TEA-21, or FY03.

 

Member McHugh expressed support for the project with the existing criteria, particularly the $15,000 limit per city rather than allowing the full amount to be applied to one project.  Mr. Foss emphasized the objective is to provide funding to all cities to enhance transportation corridors through these plantings.  He added that an annual report could be prepared for the Board’s information.  Ms. Raino stated that ITD has a Memorandum of Understanding with the Department of Lands on this project.  The maximum funding allowance per city would remain at $15,000.  In response to Vice Chairman Combo’s question on the Enhancement Committee’s position on this proposal, Ms. Raino said the Committee supports it.  The Committee would like the Board to continue funding this project.

 

The consensus of the Board was to have staff bring a formal recommendation for the continued funding of the Community Transportation Enhancement Grant Program through the life of TEA-21 to the Board in May when the prioritized Enhancement Program projects are presented.  The Board members believe this program is beneficial and serves communities well.

 

Administrative License Suspension (ALS) Program.  Driver Services Manager Jane Caviness provided a history and overview of the ALS Program, particularly the fee structure.  When the ALS Program was re-instituted in January 1998, the Legislature required that the reinstatement fee be reevaluated no later than February 2000.  During the 2000 legislative session, the Department reevaluated the reinstatement fee and presented its report to the Legislature.  ITD reported that $115 per reinstatement was received, but the cost to process the suspensions was $96.  The legislature did not require subsequent reevaluations of the reinstatement fee, which has remained at $115.  Staff believes the costs to process suspensions, along with the revenues generated, will continue to fluctuate from year to year, depending on the suspensions and reinstatements processed and associated costs.  Staff would like to monitor the costs for another year.  DAG Mary York provided a legal perspective of the ALS Program, and stated it appears to be a resounding success.

 

Vice Chairman Combo thanked staff for the briefing.  He also wished DAG York well in her next endeavor, as she will be leaving ITD next month to practice law in the private sector.

 

Audits – Annual Report.  Internal Review Manager Carri Rosti summarized the internal and external audits performed in 2000, including the financial management fiduciary audit that is still in progress, enterprise data model systems, contractor change orders and payments, and public transportation sub-grantees.  She reviewed the current Status of Audit Resolution and the work planned for 2001.  The Internal Review Section hopes to complete the financial management fiduciary audit, plus conduct reviews on additional public transportation providers; contractor payments; change orders, and claims processes; consultants; and contractors.  Ms. Rosti added that her staff would continue to be involved in various teams and peer reviews.

 

Vice Chairman Combo thanked Ms. Rosti for the report and expressed appreciation for her continued efforts in this arena.

 

Highway Development Program Supplement 01-1.  CE Ross summarized the objectives of Supplement 01-1, to report the status of FY01 federal funding obligation authority; report the status of Discretionary and Emergency Relief funding; modify and rebalance the Highway Development Program to include project changes, advances, and delays; and update the cost of FY01 federal and state projects to current costs.  The current status of the Board State-Funded Unallocated Account, an updated comparison of available funding compared to Board approved projects, and the Highway Development Program sheets annotated to reflect changes to the Program were also provided.

 

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

RES. NO.      WHEREAS, it is in the public’s interest for the Idaho Transportation Department to publish and accomplish a current, realistic, and fiscally

TB01-08       constrained Highway Development Program; and

 

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

 

WHEREAS, the Transportation Equity Act for the 21^st Century (TEA-21) requires that a priority list of projects covering a three-year period be provided in a Statewide Transportation Improvement Program; and

 

WHEREAS, the Transportation Department has received an overall obligation authority of $209.5 million, which represents 88.8% of all FY01 apportionments including $23.3 million in Revenue Aligned Budget Authority; and

 

WHEREAS, the changes in Supplement 01-1 to the FY01-05 Highway Development Program will fully utilize the estimated FY01 Federal Highway formula funding obligation authority of $161.8 million and the Minimum Guarantee obligation authority of $27.2 million.

 

NOW THEREFORE BE IT RESOLVED, that the Idaho Transportation Board approves the funding and project changes to the FY01-05 Federal Highway Development Program itemized and explained in Highway Development Program Supplement 01-1, which is on file in the Office of Highway Programming, and authorizes staff to make the appropriate changes to the FY01-03 Statewide Transportation Improvement Program in accordance with the provisions of the TEA-21.

 

Appeal Hearing, Denial of Right-of-way Access Permit, District 3.  At the City of Eagle’s request, this item was continued to March 16, 2001.

 

Election of Vice Chairman.  Member Miller made a motion, seconded by Member McClure, and passed unopposed, to re-elect Vice Chairman Combo as vice chairman of the Board.

 

Delegation – Bannock Planning Organization (BPO).  BPO recently discovered that it must submit a Congestion Mitigation/Air Quality (CMAQ) proposal for immediate funding of air quality planning efforts in the area, according to BPO Planning Director Mori Byington.  These efforts are necessary to assure the submittal of an Environmental Protection Agency (EPA)-approvable PM10 Air Quality Improvement Plan by December 2002.  To accomplish this task, Mr. Byington requested delaying the purchase of a diesel bus, currently programmed in FY01 of the CMAQ Program, to FY02.  He said the public transit provider has agreed to this delay.  The $264,000 programmed for the bus in FY01 would be used for air quality planning.  Although the estimate for the entire work effort is around $700,000, BPO would follow the regular CMAQ application process for additional future funds, but he emphasized that BPO is on a tight time schedule.  Mr. Byington added that the Idaho Department of Environmental Quality (IDEQ) has received $100,000 in supplemental funding from EPA for the inventorying and analysis of wood smoke contribution to air quality in the area.

 

Member Sweeney asked if IDEQ has approached the Legislature for funding.  Orville Green, Administrator of the State Air Program, IDEQ, responded that the Governor’s budget recommendation did not include funding for this item, although additional full time equivalent positions and computer resources were requested.  He added that Senator Frasure has been approached and expressed a willingness to provide assistance. 

 

Member Blick asked if BPO has been aware of the air quality planning requirements, or if it learned of this issue recently.  Mr. Byington replied that the agency became aware of the matter in August, after the budget had been established.  However, following the IDEQ submittal of a revised PM10 air quality improvement plan for the newly created Portneuf Valley area in 1999, three exceedances of the daily PM10 standard were recorded in Pocatello in December.  Mr. Green elaborated on the new particulate matter standards developed in 1998, which are currently being challenged.

 

If the bus purchase is delayed to provide funding for the air quality plan, Member Sweeney asked if the bus would automatically be included in the CMAQ Program for FY02.  Because the bus is used to demonstrate conformity, Mr. Byington emphasized the importance of funding the bus next year as an offset.

 

Member Sweeney asked if the Governor is aware of the air quality concerns in the Portneuf Valley, and particularly of the need for this air quality planning proposal.  He reiterated that IDEQ has a budget process, and he encouraged it to follow that process and approach the Governor and Legislature.  Mr. Byington stated that Senator Frasure has been contacted and the delegation will continue working with him on this issue.  He also stressed that other funding sources were explored, but none appeared viable.

 

Member Blick questioned the time frame for this project.  Senior Transportation Planner Matthew Moore reported that a request for proposal is out.  The bids are to be submitted in March and staff hopes to award a contract in April or May. 

 

Vice Chairman Combo questioned the large commitment being requested of ITD when transportation is only part of the problem.  Mr. Moore replied that transportation is a significant portion of the problem.  He added that the source of the match has not been determined.  Director Bower asked if local funds are available.  Mr. Byington responded that BPO is using STP funds for its transportation model.

 

The general consensus of the Board was that it is supportive of finding a solution, but that the proper procedures should be followed.  Staff was asked to review BPO’s request and to prepare a recommendation for the March Board meeting.  In the interim, BPO and IDEQ were strongly encouraged to approach the Governor’s Office and the Legislature, not only to seek funds, but also to educate them on the air quality issues that need to be addressed in the Portneuf Valley.

 

Member McHugh left the meeting at this time.

 

Executive Session on Personnel, Exempt Records, and Pending Litigation, Section 67-2345(1)(a), (d), and (f), Idaho Code.  Member McClure made a motion to meet in executive session at 3:20 PM to discuss personnel, exempt records, and pending litigation matters.  Member Sweeney seconded the motion and it passed unanimously. 

 

The general tenor of the meeting regarding pending litigation focused on discussion of a contract bid dispute that may proceed to court.  The general tenor of the session regarding exempt records was to consider documents that are exempt from disclosure under Idaho Code 9-340D.  The general tenor of the session on personnel issues included a discussion concerning the employment of a staff member and the proposed filling of another position.  The Board came out of executive session at 3:55 PM.  No decisions were made.

        

Contract Awards.  The low bid on project CM-0100(114), key 5729 – Five Mile Creek, Meridian to Linder, Meridian, Ada County, District 3, was more than ten percent over the engineer’s estimate, requiring justification.  The original estimate was based on unit prices from roadway bids, not from pathway projects.  The City of Meridian believes this caused the major difference in the bids.  Because of that difference and the fact that there were nine bids submitted, the City does not believe rebidding the project would result in a lower bid and recommends awarding the contract.  Staff concurred with the City’s recommendation.

 

Member Sweeney made a motion, seconded by Member Blick, and passed unopposed, to approve the bid for project CM-0100(114), key 5729 to the low bidder:  Central Paving Company, Inc., Boise, Idaho - $247,578.16.

 

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

 

RES. NO.      WHEREAS, the Idaho Transportation Department opened bids for the US-20, Sugar City Half Interchange and SH-33 Interchange projects,

TB01-09       NH-6470(116) and NH-6470(104), keys 6297 and 7637, in Madison County, District 6 on January 25, 2001; and

 

WHEREAS, Gilbert Western Corporation submitted the low bid of $8,199,000; and

 

WHEREAS, the second low bidder, Western Construction, Inc. filed a protest over the award of the contract; and

 

WHEREAS, the Idaho Transportation Department’s Chief Engineer has met with the second low bidder to hear its protest; and

 

WHEREAS, upon review, the Board has determined that the bid of the low bidder is the lowest and best bid; and

 

WHEREAS, the Board had determined that the low bidder’s bid contains no irregularities; and

 

WHEREAS, the Board has determined that the low bidder’s bid is neither materially nor mathematically unbalanced; and

 

WHEREAS, the Board has determined that the low bidder’s bid is fully responsive to the Department’s bid solicitation; and

 

                  WHEREAS, the Board has determined that the low bidder is a responsible bidder.

 

NOW THEREFORE BE IT RESOLVED, that the Idaho Transportation Board awards the project, key numbers 6297 and 7637 to Gilbert Western Corporation and finds its bid to be the lowest and best bid.

 

 

WHEREUPON, the regular monthly Board meeting officially adjourned at 4:05 PM.

 

 

 

___________________________________

CHARLES L. WINDER, Chairman

Idaho Transportation Board

Read and Approved

March 16, 2001

Boise, Idaho