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1984 01-03 A G E N D A MERIDIAN CITY COUNCIL January 3, 1984 OLD BUSINESS ITEM: Minutes of previous meeting held December 19, 1983 APPROVED 1. Bills APPROVED 2. Pre-Termination Hearing Water/Sewer/Trash Delinquencies APPROVED 3. Administer Oath to New Elected Officials NEW BUSINESS 1. Appointment of Council Member - Bob Giesler APPROVED 2. Administer Oath to Appointed Member 3. Appointment of President of Council - Bill Brewer APPROVED Appointment of Commissioner Posts 4. Request for Extension of Variance by O.T. Davis APPROVED Office Trailer - Meridian Place Sub. 5. Vickie Poulson, Ada County DISCUSSION Vehicle Emission Ordinance & Joint Powers 6. Appointment of Member to P&Z - James Shearer APPROVED 7. Department Reports Me ~~ 3, 1984 Regular meeting of the Meridian City Council called to order by Mayor Joseph Glaisyer at 7:30 p.m. Council Members Present: Grant Kingsford; Ron Tolsma; Rick Orton Jr.; Bill Brewer Others Present: Marnell Chenowith; Steve Gratton; O.T. Davis; Bruce Stuart; Julie Tolsma; Earl Ward; James Shearer; Doug Nichols; Vicky Paulson; Vern Schoen; Rick Jarvis; Faye Brewer; LaWana Niemann; Robert Giesler; Kenny W. Bowers; Bert Myers; Cynthia Giesler; Denise Giesler; LaVon Kingsford; Kelly Kingsford; Eynid Liljenbeg; Richard Williams; Jodi Myers; Anne Highley; JoAnn Myers; Mark Myers; Gary Smith; Terry Smith; Connie Crookston; Walt Morrow; Corrine Morrow; Leroy Nelson; Dee Nelson; Wayne Crookston; R.C. Spencer; Jack Niemann; OLD BUSINESS Item 1 Bills The bills were presented. The Motion was made by Kingsford and seconded by Tolsma to approve of the Bills. Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea; Item 2 Pre-Termination Hearing Water/Sewer/Trash Delinquencies Mayor Glaisyer read: "This is to inform you, if you choose to, you have the right to a pre-termination hearing, at 7:30 p.m., January 3, 1984, before the .Mayor and Council, to appear in person to be judged on facts and defend the claim made by the City that your water, sewer and trash bill is delinquent. You may retain counsel. This service will be discontinued January 10, 1984, unless payment is received in full." Mayor Glaisyer: "Is there anyone present that wishes a pre-termination hearing concerning their water/sewer/trash billing?" There was no response. Mayor Glaisyer: "Being there no response, I will now close the hearing." "Due to their failure to pay their water bill or to present any valid reason why the bill has not been paid, their water shall be turned off on January 10, 1984. In order to have their water turned back on, there will be an additional fee of $10.00. They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho Code. Even though they appeal, the water will be shut off." The Motion was made by Kingsford and seconded by Tolsma to approve of the turn-offs. (List on file with these minutes) Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea; Item 3 Administer Oath to New Elected Officials Mayor Glaisyer asked that the newly elected Officials stand and be sworn in. These Officials included, Grant P. Kingsford, Mayor Elect; Bill Brewer, Councilman Elect; and J.E. "Bert" Myers, Councilman Elect. Mayor Glaisyer administered the oath. (Tape on File - City Clerk's Office - Meridian City Hall) I ~, 2. January 3, 1984 Kingsford presented plaques to the out-going Officials, Joseph Glaisyer, and Councilman Rick Orton Jr. commending them fortheir excellent service to the City of Meridian. (APPLAUSE) NEW BUSINESS Item 1 Appoint New Council Member to fill Grant Kingsford's remaining term Mayor Kingsford presented Sob Giesler's name for nomination to fill Kingsford's remainingterm of 2 years. The Motion was made by Brewer and seconded by Tolsma to approve of the Mayor's nomination of Bob Giesler to complete Kingford's remaining term of 2 years. Motion Carried: Brewer, yea; Tolsma, yea; Myers yea; (APPLAUSE) Item 2 Administer Oath to Appointed Councilman Bob Giesler City Clerk Jack Niemann administered the Oath of office to Bob Giesler. (Tape on File - City Clerk's Office - Meridian City Hall) Item 3 Appointment of Commissioners and President of Council The Motion was made by Tolsma and seconded by Myers to appoint Bi11 Brewer as President of the Meridian City Council. Motion Carried: Brewer, yea; Tolsma, yea; ..Myers, yea; Giesler, yea; (APPLAUSE) Mayor Kingsford announced the following Commissioner appointments:. Bill Brewer: Fire, QRU, Streets, and Special Projects Commissioner Ron Tolsma: Public Works, Parks and Recreation Commissioner Bert Myers: Sewer Commissioner Bob Giesler: Police Commissioner Kingsford announced that as President of Council, Bill Brewer will automatically become the Secretary to the Economic Development Corporation of the City of Meridian. Item 4 Request for Extension of Variance by Mr. O.T. Davis Mr. Davis was present. Davis asked that the Council extend his variance for an office trailer in Meridian Place Subdivision for 6 months. Davis cited weather conditions as part of the problem in not being able to complete the Subdivision. The Motion was made by Brewer and seconded by Tolsma to grant Mr.. O.T. Davis a 6 month extension on his variance for an office trailer located in Meridian Place Subdivision. Motion Carried: Brewer, yea; Tolsma, yea; Myers, yea; Giesler, yea; Item 5 Vickie Poulson, Ada County: Vehicle Emission Ordinance & Joint Powers Ms. Poulson, Chairperson of Ada County Air Quality came before the Council and briefly explained the Vehicle Emission Ordinance. Poulson told the Council that she wanted to present the material for their consideration before the Ada County meeting to be held later in the month. Poulson said that she wanted the Council to know the basics, and study the material, so that they could ask questions at the meeting. ~,~ 3. 1983 Item 6 Appoint Member to Planning & Zoning Commission Mayor Kingsford nominated Mr. James Shearer to fill the position left vacant by Bob Giesler on the Meridian Planning & Zoning Commission, for a term of 6 years. The Motion was made by Tolsma and seconded by Brewer to approve of the Mayor's nomination of Mr. James Shearer to the Meridian Planning & Zoning Commission for a term of 6 years. Motion Carried: Brewer, yea; Tolsma, yea; [dyers, yea; Giesler, yea; Item 7 Department Reports Fire Chief Kenny Bowers commended the Meridian Police Department and the Meridian QRU. for their time and effort spent helping at the emergency at the bakery. Councilman Tolsma reported that the QRU had delivered food baskets to the Meridian Senior Citizens on December 24 and 25, and also had shoveled snow at that time. Tolsma commended the QRU for their efforts. Councilman Brewer commended Mrs. Valerie Louderbough on her generous "matching contribution donation to the Meridian Senior Citizens Campaign Drive, of $30,000.00. Brewer encouraged support of the Meridian Senior's and urged everyone to do their part. Being there no other business to come before the Council . The Motion was made by Myers and seconded by Tolsma to adjourn at 8:00 p.m. Motion Carried: Brewer, yea; Tolsma, yea; Myers, yea; Giesler, yea; APPROVED: ATTEST: pc: Mayor & Council (5) P&Z (6) Vern; Earl; Bruce; Atty; JUB; Police; Fire; Kiebert; ACRD; ACC; ACID; APA; NMI; CDH; Valley; Statesman; Press; Hein; (/ GRANT P. KINGSFO , YOR pc: Mail - O.T. Davis QRU File - O.T. Davis • • ~ ~ O. T. Davis Construction ~ P.O.Box 686 Meridian, ID 83842 Telephone (208) 888-8208 December 19,1983 City of Meridian 728 Meridian Street Meridian,Tdaho 83642 Re: Sales Office in Meridian Place Subdivision Gentlemen: Our project in Meridian Place Subdivision is coming along nicely. We have completed Phase II,even with all our delays due to bad weather and Idaho Power. Our lots are ready to sell ,but as of this date,we haven't moved them as fast as we had hoped. I am requesting an extention of our variance for the use of an office trailer for sales office in Meridian Place Subdivision. We need this for another six months period. If you could put this matter on your cal- endar for January,I would appreciate it greatly, as my time alloted is drawing near. Since ~ ~, c~--~ O.T.Davis,Owner O.T.Davis Construction `. ~' • ~ ~ • Agreement No. 3 ~ ~~ MOTOR VEHICLE EMISSIONS CONTROL JOINT POWERS AGREEMENT WHEREAS, Chapter 23 of Title 67, Idaho Code, provides for certain Joint powers and activities between public agencies within the State of Idaho; WHEREAS, the public agencies signatory to this Agreement desire to create an Air Quality Board and exercise certain joint powers pursuant to Bald state law for the purpose of implementing and administering a Motor Vehicle Emissions Control Program; WHEREAS, enabling legislation known as the Motor Vehicle Emissions Control Ordinance has been adopted by each participating agency defining the purpose, nature and scope of such program; WHEREAS, it is the finding of each public agency that such joint cooperative effort is the most efficient use of their powers in view of the geographic, economic and other factors influencing such program; WHEREAS, to be successful, such program within Ada County must function on a uniform basis within the jurisdiction .of each public agency; WHEREAS, each public agency has the authority to enter into this Agreement and to individually perform the functions hereinafter described, and the execution of this Agreement will not extend the jurisdiction, power, privilege or authority of each public agency. NOW, THEREFORE, the undersigned public agencies hereby agree to the following terms and conditions of this Agreement. 1. Term. The term of this Agreement shall commence the ~ day of ~ 19g3, and terminate the 31st day of December, 1987, unless the motor vehicle emissions control program is sooner terminated. ', 2. Board Created. There is hereby created an entity to be known as the Air Quality Board, to act on behalf of each public agency signatory to this Agreement, for the purpose herein expressed. The Board shall consist of one elected official from each agency, one citizen-at-large to be appointed by Ada County, one citizen-at-large to be appointed by Boise City, and one elected official or citizen-at-large to be appointed by the Ada County Highway District. One representative of the Public Health District IV, or any agency that may succeed to its powers and duties, shall serve as an ex-officio member. Each agency shall be responsible for selecting its representative(s) who shall serve for the full term of the Board, unless sooner removed or replaced by the appointing agency. The Board shall select a chairman to preside over meetings to be conducted under the "Robert's Rules of Order," and to be held at least once every month. The duties, responsibilities and guidelines for the Board are set forth in the Motor Vehicle Emissions Control Ordinance, a copy of which is attached hereto marked Exhibit "A" and incorporated herein by reference and attachment. 3. Purpose of the Board. The purpose of the Board shall be to imple- ment and administer the motor vehicle emissions control program as the same is set forth in Exhibit "A" attached hereto. 4. Funding. Funding for the program shall be a combination of state or federal grants, matching funds, and inspection fees. All financial transac- tions for the program shall be within the vehicle emissions inspection fund established in Exhibit "A" and shall be accounted for in accordance with generally accepted accounting principles. Budgetary procedures of the Air Quality Board shall be as specified in Exhibit "A." 5. Termination. The Board shall not be terminated prior to the stated termination date of the Motor Vehicle Emissions Control Ordinance attached hereto as Exhibit "A." The withdrawal of any agency prior to ter- mination shall constitute a forfeiture of any funds or properties contributed by said agency to the Air Quality Board. Upon mutually agreed termination of the Motor Vehicle Emissions Control Ordinance by all participating agencies, the remaining funds or property contributed by each participating agency shall be returned to that agency. ... 6. Miscellaneous. a. The Motor Vehicle Emissions Control Ordinance, attached hereto as Exhibit "A", provides the statutory enabling law for the implemen- tation and administration of the motor vehicle emissions control program. Each public agency, through the execution of this Agreement, agrees to the enfor- cement of said ordinance, where applicable, within its respective jurisdiction. b. This Agreement and the attached Exhibit "A" shall therefore be executed and adopted by each agency in accordance with all applicable statutory requirements. c. Any action of the Board shall be subject to compliance with all state and federal laws applicable to municipalities and counties within the State of Idaho. Dated this ~ day of~ 1983. PASSED BY THE COUNCIL AND APPROVED B Y THE MAYOR OF THE C I TY OF BOISE CITY, IDAHO Approv ~ ~~ By: ~~ Mayor ATTEST: By Dated this ~ day of ~ 1983 PASSED AND APPROVED BY THE BOARD OF ADA COUNTY COMMISSIONERS ey Bi~ti/ Gratton`'Chairman By ~ ~- Vern Em -{ Commissi ner ~ gy l/ ,4/~c ~ ~ Ed Riddle, Commissioner ~-~. ,/ /F ~ i ~ 1~;--J~' By Johh Bastid County Clerk:' 345.02it2-E 1 .• ~ A ORDINANCE N0. 130 AN ORDINANCE PROVIDING FOR THE CONTROL OF AIR POLLUTANT EMISSIONS FROM MOTOR VEHICLES ABOVE CERTAIN LEVELS AS DETERMINED BY THE BOARD; REQUIRING ANNUAL INSPECTION OF MOTOR VEHICLES; PROVIDING FOR EXEMPTIONS OF CERTAIN CLASSES OF VEHICLES; REQUIRING INSPECTION FEES; ESTABLISHING THE AUTHORITY FOR ISSUING LICENSES FOR EMISSIONS INSPECTION STATIONS; PROVIDING FOR THE PROMULGATION OF RULES AND REGULATIONS FOR THE ENFORCEMENT OF THJS ORDINANCE; AND PROVIDING PENALTIES FOR THE VIOLATION OF THE ORDINANCE. BE IT ORDAINED BY THE BOARD OF ADA COUNTY COMMISSfONERS OF ADA COUNTY: SECTION 1. That Ordinance No. 124 hereby is repealed. SECTION 2. Short Title. This Ordinance may be cited as the Motor Vehicle Emissions Control Ordinance. SECTION 3. LEGISLATIVE FINDINGS AND PURPOSE OF ORDINANCE: A. It is found and declared that exhaust emissions from motor vehicles are the major source of carbon monoxide air pollution in Ada County. B. It is further found and declared that an effective system of periodic motor vehicle inspection and maintenance and consumer education will reduce the level of vehicular air pollution and provide motorists with obJective maintenance Information regarding their vehicles. C. It is further found and declared that the federal government has mandated to the several states and local entitles the ultimate responsibility for periodic motor vehicle inspection and maintenance. D. The purpose of this ordinance is to protect the health and welfare of the citizens of Ada County, to provide for the control of air pollutant emissions from motor vehicles above certain levels as determined by the Board and to require annual inspection of certain motor vehicles in order to comply with the Federal Clean Air Act, as amended. E. It is further found and declared that fuel economy is a legitimate legislative purpose and that an emission control program will result in motor vehicle fuel savings for the residents of Ada County. •7 , :' SECTION 4. DEFINITIONS: A. "Approved exhaust gas' analyzer" means a device for sensing the amount of air contaminants, including carbon monoxide in the exhaust emissions of a motor vehicle. For the purposes of this ordinance, this shall mean analyzing devices of the non-dispersive infrared type or any other analyzing devices that provide equal or greater accuracy as approved by the Board. 8. "Board" means the Air Quality Board. It shall be an entity created pursuant to the provisions of Titie 67, Chapter 23 of the Idaho Code. The com- position and organization of the Board shall be as set forth in the Joint powers agreement executed subsequent to this ordinance by the participating public agencies. C. "Carbon monoxide" means the chemical compound containing one atom of carbon and one atom of oxygen. D. "Certificate of compliance" means a sticker containing a certified statement that the vehicle described therein is in compliance with the requirements of this ordinance and the regulations adopted pursuant to this ordinance. It shall be displayed In a visible area of the left rear window or bumper of a motor vehicle. It shall be issued on an annual basis to every motor vehicle exempt from compliance, or passing inspection in conformity to this ordi- nance and the regulations of the Board. E. "Emissions inspection station" means a facility which meets the requirements of the Board and is so equipped as to enable a vehicle exhaust gas emissions inspection and any necessary adjustments to be performed and which is owned or operated by a person licensed by the Board to operate an emissions inspection station. F. "Emissions mechanic" means an individual licensed in accordance with Board specifications to inspect and adjust motor vehicles which are subject to the automobile Inspection program. G. "Exhaust emissions" means substances emitted into the atmosphere from any opening downstream of the exhaust port(s) of any motor vehicle engine. H. "Exhaust emissions control device" means equipment designed by the manufac- Curer for installation on a motor vehicle for the purpose of reducing pollu- tants emitted from the motor vehicle, or a system or engine modification of. a vehicle which causes a reduction of pollutants emitted from the vehicle. I. "Model Year" means either (1) the annual production period of a motor vehicle as designated by the calendar year Tn which such period ends, (2) the date of actual manufacture, or (3) in the case of any vehicle manufac- tured in two or more stages, the year of manufacture shall be the date of completion of the chassis. -2- ,• ~ , • J. "Motor vehicle" means any self-propelled, gasoline fueled or gasoline mixed fueled vehicle with four or more wheels in contact with the ground and weighing more than 1,500 pounds but less than 8,500 pounds gross vehicle weight, registered or required to be registered in Ada County, and used upon the public highways of Ada County for the purpose of transporting persons or property. For the purposes of this ordinance, motor vehicle shall not include: 1. Motorcycles as defined in Section 49-101, Idaho Code; 2. Diesel powered vehicles; 3. "Idaho Old Timers" as defined In Section 49-134, Idaho Code; 4. Farm tractors as defined in Section 49-101, Idaho Code; 5. Vehicles with a model year prior to and including 1969. 6. Such other types of motor vehicles as may be exempted by rules and regulations adopted pursuant to this ordinance. K. "Pass-fall criteria" means those standards set forth in regulations adopted pursuant to this ordinance which specify the maximum allowable motor vehicle exhaust emissions which nay be emitted into the atmosphere from any opening downstream of the exhaust port(s) of any motor vehicle engine. L. "Person" means any individual, partnership, firm, public, private, or municipal corporation, association, trust, estate, agency, political sub- division of the State of Idaho or any other legal entity or their legal representatives, agents or assigns. M. "Tampering" means removal or rendering Inoperative an exhaust emissions control device including but not limited to a catalytic converter, air infection system or leaded fuel restrictor. SECTION 5. CREATION OF AN INSPECTION-MAINTENANCE PROGRAM: A. The Board shall design a program for the mandatory annual exhaust emissions inspection and maintenance of certain motor vehicles registered or required to be registered in Ada County including all motor vehicles owned by govern- ment entities and public utilities. B. The exhaust emissions inspection of each motor vehicle shall include all of the following: 1. A measurement of the vehicle's carbon monoxide emissions using an approved exhaust gas analyzer or other device as approved by the Board to sample the vehicle's exhaust. -3- 2. A determination, according to test criteria established pursuant to this ordinance whether the vehicle's carbon monoxide emissions meets the test criteria. 3. Where applicable, an indication to the vehicle's owner of the probable cause of any malfunction or misadJustment responsible for the vehicle's failure to comply with the pass-fail criteria developed pursuant to this ordinance. C. Any person whose vehicle has been inspected at an official emissions inspec- tion station shall, if such vehicle was not found to comply with the pass- fail criteria, have the vehicle repair undertaken at the owner's expense, and have the right within ten (10) calendar days of the initial exhaust emissions inspection, but not thereafter, to return such vehicle to the same emissions inspection station for one reinspection without charge. D. This ordinance shall be implemented on a mandatory basis effective August 1, 1984. The period of time commencing with the effective date of this ordinance and ending July 31, 1984, shall serve as a voluntary period of compliance and trial inspection program. During said period, the Board shall: 1. Formulate and submit to each participating public agency for adoption the final standards and regulations necessary to implement the man- datory program; 2. Determine the facilities necessary to commence inspection of vehicles to compliance with this ordinance. 3. Prepare and publish public information to distribute to vehicle owners subject to this ordinance. 4. Conduct other public information activities in conformity to Section 17 of this ordinance. E. Subsequent to the voluntary compliance and trial period ending July 31, 1984, it shall be a violation of this ordinance to fail to display a current certificate of compliance, in accordance with the provisions of the regulations and this ordinance. Display requirements shall be imple-. mented in conformity to vehicle registration and renewal requirements. SECTION 6. DUTIES AND POWERS OF THE BOARD: A. The Board, in accordance with the criteria herein expressed, shall formulate such rules and regulations as are hereinafter specified and such additional rules and regulations as it deems necessary for the Implementation, admin- istration, regulation and enforcement of the provisions of this ordinance. The Board shall hold a public hearing on its proposed rules and regulations. At least fifteen (15) days prior thereto, notice of the time and place of -4- such public hearing shall be published in a newspaper of general circulation in Ada County. Thereafter, the Board shall submit its proposed rules and regulations to each participating public agency. No rule or regulation pro- posed by the Board shall become effective within the Jurisdiction of a participating agency until approved and ratified by that agency. B. In developing standards and regulation's for the implementation and enfor- cement of this ordinance, the Board shall give the weight It deems appropriate to all the relevant facts and circumstances including but not limited to: 1. The make, model, year and economic value of the motor vehicle; 2. The cost of repair and maintenance of automobile engines and exhaust emissions control devices; 3. The ambient concentrations of carbon monoxide from motor vehicles in the County of Ad e; 4. The public health interest, including social and economic costs of air pollutants and their control; and 5. The requirements of the Federal Clean Air Act, as amended, the emission reduction benefits of the inspection and maintenance program and the Ada County Transportation Control Plan. C. The Board shall formulate regulations establishing a schedule of fees for certificates of compliance, which shall be sufficient to meet, but shall not exceed, the estimated cost of the initiation and operation of the program of inspection of motor vehicles, administration of the ordinance and issuance of appropriate certificates of compliance, including all costs incurred in administering the program. Costs incurred in enforcing the program may also be Included. The Board shall also: 1. Authorize the emissions inspection station to receive the vehicle inspection fee allowed under this ordinance. 2. Require the emissions inspection station to remit to the Board for deposit in the vehicle inspection fund, established pursuant to Section 7A of this ordinance, that portion of the vehicle Inspection fee to defray the cost of administering and enforcing the provisions of this ordinance. D. The Board shall conduct ongoing cost-benefit analyses and other evaluations of the inspection program, including, but not limited to, observed patterns of malfunctions in inspection of motor vehicles' exhaust emissions control devices, quantities of reductions in air pollution in Ada County subject to the provisions of this article, and recommendations to Improve the inspec- tion program. The Board shall provide annual written reports on such analyses and evaluations. -5- ' • ~ ' E. In order to document the evaluation required in paragraph D, the Board shall compile and maintain records of maintenance and repairs performed pursuant to this ordinance. 'A written summary report of such information shall be prepared annually by the Board and made available to the public upon request. The owner of any motor vehicle which fails to pass inspection is to be informed of the avatliDTlity of these reports at the time he/she is informed of such failure. F. In performing its duties and responsibilities, the Board shall have the authority to undertake any action reasonably necessary to the performance of said duties, including but not limited to: 1. The employment and personnel management of necessary staff positions; 2. The execution of necessary contracts and documents; 3. The authorization of expenditures from the motor vehicle inspection fund; 4. The formulation of regulations necessary to the implementation and administration of the program; 5. To conduct regular meetings; 6. Acquire and dispose of personal property. G. The Board shall formulate and conduct a quality control program. SECTION 7. FINANCING: A. There is hereby established a motor vehicle emissions inspection fund which shall consist of the following: 1. Money appropriated thereto by any local entity; 2. All money remitted Dy the emissions inspection stations which are collected as fees for emissions inspections; 3. Money received from private grants or donations when so designated by. the grantor and donor; 4. Federal or state funds to assist the implementation and administration of the emissions inspection program; B. Moneys in the motor vehicle emissions inspection fund may be used in paying costs incurred by the Board in administering any aspect of the emissions Inspection program. -6- C. The Board shall appropriate and budget on a fiscal year basis, in accordance with the statutory requirements of the member agencies Indicating expen- ditures to be made in implementation and administration of the motor vehicle emissions inspection program established according to this ordinance. The budget shall include Indication of sources of income to be used for such expenditure and Justification for the magnitude of the inspection fee to be levied according to this ordinance. SECTION 8. INSPECTION CRITERIA: A. Motor Vehicles shall meet the following carbon monoxide emission pass-fail criteria: Model Year ~ Carbon Monoxide 1970-74 7.0 1975-79 5.0 1980 3.0 1981-FORWARD 1.2 The Board shall formulate updates of the pass-fall criteria as it deems necessary to meet the purpose of this ordinance. B. Notwithstanding any other provisions of this ordinance, the Board shall formulate regulations providing for waiver of the requirement of compliance with the pass-fall criteria in those classes of cases which it determines in light of the considerations set out In Section 6(B) of this ordinance. C. In no event shall the Board require compliance with pass-fail criteria where all the following-conditions are met: 1. A 1980 or older motor vehicle has received all the following adjust- ments and/or repairs, in sequence (a) through (e), the cost of which shall not exceed E15.00; a) adJust idle mixture and speed to specification (applies to ail but 79 and 80 General Motors vehicles) b) check and adjust choke if necessary c) check condition of air pump belt; replace if necessary d) check PCV valve for proper operation e) check air filter 2. A 1981 or newer motor vehicle which has received all of the following inspections, adjustments and/or repairs in sequence (a) through (c), -7- the cost of which shall not exceed E30.00, excluding adJustment/repair costs under warranty: a) perform adJustments/repairs covered under warranty that are necessary to meet the established carbon monoxide emission pass- fall criteria; b) perform diagnosis of engine and emissions systems by an emissions mechanic; c) repair all disablements, e.g. a disconnected oxygen sensor, in vehicles not covered by the warranty 3. Notwithstanding compliance with the requirements of Section 8(c)2, 1984 and newer vehicles will be denied any certificate of compliance if tam- pering of the vehicle has occurred. SECTION 9. EMISSIONS INSPECTION STATION LICENSING: A. The Board shall formulate regulations providing for the licensing of emissions inspection stations. B. In developing regulations for the qualification of a person for an emissions inspection station license, the Board shall consider criteria Including but not limited to the following: 1. Possession of an approved exhaust gas analyzer, other tools and equip- ment and licensed personnel necessary to conduct the required emissions inspections; and 2. Other criteria as deemed necessary by the Board in order to further the public Interest and carry out the purposes of this ordinance. C. The Board shall formulate regulations providing for the submission by holders of emissions inspection licenses of such information as they deem reasonably necessary to carry out the purposes of this ordinance. 0. The Board, upon notice and an opportunity for a hearing, may revoke and require the surrender and forfeiture of any Emissions Inspection Station License of the emissions inspection station permittee if it finds that such station is not operated in accordance with this ordinance or the rules and regulations adopted pursuant to this ordinance. The Board shall notify the licensee in writing of the date, time and place of the hearing and the grounds for revocation at least ten (10) days prior to the scheduled date of the hearing. At the hearing, the licensee may present evidence, call witnesses and be represented by counsel. Within ten (10) days after the hearing the Board shall notify the licensee in writing of ifs decision and shall specify the findings forming the basis of the decision. Upon revoca- tion of an Emissions Inspection Station license, the licensee shall return to the Board all Certificates of Compliance issued to the licensee. -8- SECTION 10. ACQUISITION OF PROPERTY; CERTIFICATES ARE PROPERTY OF BOARD: A. The Board may acquire by purchase, donation, dedication, or other Iawfui means any special equipment, tools, materials or facilities needed to ade- quately administer, investigate or enforce the provisions of this ordinance or the regulations adopted pursuant hereto provided, however, any acquisi- tion made by the Board shall comply with all statutory requirements imposed upon each participating agency for the purchase or receipt of property. B. Exhaust emission Certificates of Compliance are the property of the Board until such time as they are affixed to properly inspected vehicles. SECTION 11. IMPROPER REPRESENTATION: A. No person shall represent any place to be an emissions inspection station unless it has been established and is operated under a valid contract, or license issued by the Board. B. A Certificate of Compliance shall not be issued or affixed to any vehicle except at an emissions inspection station established and operating under a license issued by the Board. All such certificates shall be serially num- bered and shall be accounted for. SECTION 12. FALSIFICATION OF CERTIFICATES: A. No person shall make, issue or knowingly use any imitation or counterfeit of an official Certificate of Compliance. B. No person shall display or cause to be displayed upon any vehicle any Certificate of Compliance knowing it to be imitation or counterfeit or issued for another vehicle or issued without art hnspection having been made. SECTION 13. DEMAND OR COLLECTION OF IMPROPER FEE: No person shall demand or collect a fee for the inspection of a vehicle other than what Is stated in this ordinance. SECTION 14. ENFORCEMENT: Nothing in this ordinance shall be construed to prevent the Board from requesting utilization of any other enforcement mechanisms granted by law. -9- SECTION 15. PENALTIES: Any person who violates any provision of this Ordinance or any rule or regula- tion adopted pursuant hereto shall be deemed guilty of an infraction and, upon conviction thereof, shall be fined E25.00 for each violation, plus court costs. SECTION 16. EFFECTIVE DATES: This ordinance shall be rendered null and void 3 years from the mandatory imple- mentation date, unless extended by ordinance. SECTION 17. PUBLIC INFORMATION: A. The Board shall make known to owners of subJect vehicles the purpose of the vehicle emissions inspection program. A program of meetings, public hearings, mass media coverage, or any other form of communication shall be prescribed and provided, to orient and educate the public regarding the pur- pose of the emissions inspection program, as well as to elicit public par- ticipation in the development and operation of the Tnspectlon program. B. The Board shall prepare public information for the benefit of the owners of motor vehicles subJect to the provisions of this article. This information shall explain the Tnspectlon program, the owner's responsibilities under the program, and the most cownon adJustments and repairs likely to be required in order for the owner's vehicle to pass inspection. It shall further pro- vide the locations of stations at which the inspection requirement can be met, scheduling information, and information of the location and availabi- lity of mechanics to perform repairs for the inspection program. it shall be distributed by the Board to owners of motor vehicles subject to the provisions of this article, free of charge at the time at which they are officially informed of the inspection requirement. C. The Board shall conduct a series of orientation seminars to familiarize automobile mechanics and owners of motor vehicles subJect to the provisions of this article with the standards, procedures and forms to be utilized in the Inspection program and, fn particular, with maintenance and repair pro- cedures recommended by the Board for performance on vehicles falling to pass Tnspectlon. Such seminars shall be conducted at locations selected on the basis of participants' convenience of access. SECTION 18. SEVERABILITY CLAUSE: If any section, subsection, sentence, clause, word or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. -10- ~. SECTION 19. This ordinance shall be in full force and effect from and after its passage, approval and publication. PASSED AND APPROVED by the Board of Ada County Commissioners this ~~ day of , 1983. BOARD(~OF ADA COUNTY COMMISSfONERS By: IJ.w~ Blil Gratton, txhairman By: Linz ~~~".Y Vern Emery, Commiss ner By: ~if ~~~~ Ed Riddle, Commissioner A B' ADA COUNTY VEHICLE EMISSION TESTING PROGRAM DESCRIPTION OCTOBER 1983 - SEPTEMBER 1984 This scope of work is written to identify general services in support of an Ada County Vehicle Emission Test and Maintenance Program structure. The work will meet the National Ambient Air Quality Standards for carbon monoxide (CO) within the time frame Identified in the Clean Air Act. The mandatory testing and adjustment/repair start-up date is August 1, 1984. CONTENTS: 1. Program Design and Application a) Rules, Regulations, and Ordinance Amendments b) Program Schedule Refinement c) Program Administration Design d) Establishment and Operation of the Air Quality Board e) Grant Management 2. Data Management 3. Community Awareness 4. Quality Control 5. Mechanics Training Program 6. Enforcement Coordination 7. Program Pre-Test 1. PROGRAM DESIGN AND APPLICATION Activities to be completed under this Task include: - Personnel Recruitment: Preparation of job definition, personnel policy and benefit package recruitment and hiring of staff for the Air Quality Board which includes program administration. - Consultant and Support Contract: Preparation of and securing services in most program areas. - Program Development: Preparation of rules and regulations, ordinance revisions, interagency agreements, schedule revisions, inspection docu- mentation, routine program operation plan, and waiver procedure. - Air Quality Board Administration: Define Air Quality Boards Role and capacity in the inspection and maintenance program. Set up process to obtain city and county approval on required actions. - Set up and assist Air Quality Boards operations. - Detail Air Quality Board funding from EPA through APA. Develop Air Quality Board budget. Continue to encourage other municipalities to become part of this program. Products: 1. By laws, personnel policies and office establishment, completed by November 18, 1983. 2. Ordinance amendments will occur on a quarterly basis if needed. If the ordinance is to be revised, it will occur no later than the end of the first month of the next quarter. This procedure will allow for formal adoption of rules and regulations of an I/M Program. This will Include adoption of required elements under each of the major tasks of the work 'program. 3. Program administrator will start by December 2, 1983. 4. Inspection fees will be informally adopted by March 2, 1984. 5. Receptionist will start by December 5, 1983. 6. All rules and regulations will be formally adopted by June 6, 1984. 2. DATA COLLECTION/ANALYSIS Activities to be completed under this task include: - Data Collection: Develop data processing network which will collect, verify, store and process the vehicle data. Identify data processing responsibilities and test data program with needed equipment purchase. Data collection system should be operated during the program Pre-Test Phase of the program to determine if any problems exist. - Data Analysis: Prepare alternate methods to produce data summaries, analysis and correlation comparisons on data and summaries, select data collection and analysis system. Products: 1. Report on data system selection by March 30, 1984. 2. Pre-test data system refinement report by June 1, 1984 3. Initiate data system collection reporting by June 4, 1984. 4. Air quality analyst will be hired by December 19, 1983. -2- . ~ • • 3. COMMUNITY AWARENESS This task provides critical support to the vehicle emission testing program. It is assumed that a portion of the dollars programmed for this task would be used to hire professional assistance in developing and implementing a strategy and materials. Development of an information "hot line" would pro- vide a way for the public to obtain answers about the program from trained personnel. Information brochures should be developed and distributed at the test stations. Atop priority will be development of a "public awareness strategy" for the testing program. This will provide guidance to back the Air Quality Boards staff. A public awareness task force should be appointed to develop a public awareness strategy.. Products: 1. Initial public information to repair facilities by December 5, 1983. 2. Public awareness strategy completed by December 19, 1983. 3. Pre-test public informatio n announcements through variety of media will begin by May 21, 1984. 4. Public relations personnel will be hired by December 19, 1983. 5. Implementation o f adopted public information program by June 4, 1984. 6. Hot line begins service by April 2, 1984. 4. ALITY CONTROL Research Sources: Radian, Colorado Quality control is the responsibility of the Air Quality Board. The Central District Health Department, is participating as an ex-officio member of the Air Quality Board. Some work has been done to formulate the quality control process. ' The administrating agency should perform the following quality assurance tasks: A. License/relicense Garages, 8. Quality Control Operations, 1) certify calibration gases; 2> certify inspection stations; 3) .prepare a detailed inspector's handbook; 4) audit the inspection stations; 5) perform special investigations; 6) analyze data tabulation methods; 7) provide referee station(s). Products• 1. Quality Control Plan completed and adopted by April 30, 1984. 2. Informal adoption of analyzer specifications by November 8, 1.983. 3. Pre-Test Quality Con trol Report by July 2, 1984. 4. Complete staffing of Quality Control personnel by April 2, 1984. 5. Have first round of participating test stations licensed by July 2, 1984. 6. Adopt licensing requ irements by January 31, 1984. -3- • • 5. MECHANICS TRAINING Research Source: Colorado A strong mechanics training program is very important to the success of a vehicle emission testing program. This task would provide funding for a contractor to develop training materials specific to the Ada County Vehicle Emission Test Program. A major training effort would occur in the first year prior to actual test program start-up. Research information from the Colorado program suggests that an Ada County based training program will be needed. The mechanics training strategy will serve as the beginning point to final design and implementaion for the training effort, both prior to and sub- sequent to the July 31, 1984, mandatory start-up date. The Mechanics Training Program will be a basic prerequisite of testing and repair facility licensing. Prior to the program pre-test phase, the mechanics training program will be implemented. it is also anticipated that training will occur during the poststart-up phase and during scheduled periods throughout the duration of the program. It is anticipated that Boise State University or a comparably equipped agency will serve as the local training entity. Products: 1. A preliminary contract for mechanics training developed by December 2, 1983. 2. Selection of contractor by February 17, 1984. 3. Final selection of mechanics training program by November 30, 1983. 4. Evaluation report on mechanics training program implementation by July 16, 1984. 5. First round certification of mechanics by June 4, 1984. 6. ENFORCEMENT search Source: Radian, Colorado, Other Enforcement activity will include preparing various scenarios of programs for review/recommendations by the Air Quality Board. As the alternatives are discussed by the Board, the task will expand into specific requirements to ensure participation of the community in the inspection and maintenance program. The Air Quality Board alternative enforcement mechanisms. a) enforcement by law enforcement agencies in conjunction with other enforcement functions; and b) special enforcement programs by law enforcement agencies; and c) other special enforcement methods. -4- _ ~ • Products: 1. Enforcement strategy completed by December 19, 1983 and formally adopted by January 31, 1984. 2. Develop budget proposals as necessary. 3. Begin enforcement program by August 1, 1984. 7. PROGRAM PRE-TEST Successful vehicle emission test programs in other areas of the country have included an initial voluntary or pre-test period prior to the mandatory inspection implementation date. It is intended that the Ada County Vehicle Emission Test Program include this period. Part of this strategy would be to use publicly owned vehicles in the program pre-test to assist in solving normal start-up problems. Changes in operations, data processing, quality control start-up and public staff coordination will be made during the program pre-test phase. Products: Report on Pre-Test Start-Up and Resulting Program Changes by July 27, 1984. RJ:bmm/RJII JJ cc: File 345 -5- a • QFFICIAL OATH OF OFFICE I do solely swear (or affinN that I will support the Constitution of the United States, and the Constitution and Laws of the State of Idaho, that I will faithfully discharge all the duties of the office of C.itN Count i.2 of Meh.i.dian ,Idaho, according to the best of by ability. Rabeht G.~ee2eh Subscribed and sworn to before me this 3hd day of Januahy, 198 4 . ac ann (Cit Clerk) Films ~ 19~ ~Flcu~, oPax aF OFFICE I do soleimly swear (or affirnJ that I will support the Constitution of the United States, and the Constitution and haws of the State of Idaho, that I will faithfully discharge all the duties of the office of Mayaa of Melci.dian ,Idaho, acooxding to the best of by ability. ~ Gnn,n t P. K i.nga bw A=4^~~2~~ Subscribed and sworn to before me this Sad day of January 1984 . \ City er aFFICIr~L or~x of OFFICE I do solely swear (or affirni) that I will support the Constituticm of the United States, and the Constitution and Laws of the State of Idaho, that I will faithfully discharge all the duties of the office of City Counci.C of Meni,d.%an ,Idaho, acoozding to the best of by ability. ~~o ~~ ~% ~,~, ~~~ Subscribed and sworn to before me this and ~Y of J~~y , 1984 . Jack H. .cemann (Cit~lerk) r~r- FledJ~ ~' , 19~f`/ ~--- ~~ City lerk ~cIP.I, oPax of oFFIC~ I do solely swear (or affirm) that I will support the Constituticm of the United States, and the Cmstitution and Laws of the State of Idaho, that I will faithfully discharge all the duties of the office of City Counc,i.C of McJri.d.%an ,Idaho, acoor+ding to the best of by ability. ~~. 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