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.
~~.
J (Bent) Myer
Subscribed and sworn to before me this and ~y of Janucviy
198 4,
Filed~o.~ ~ 19 ~y
-t~ `'`~ ,~ ~ y
i ' (City C ~
~ ~~ ~ l
~~ ~ o ~~
~ -~_ ~~
7G,~-- lip l '~
~~ ~ UJa ~7~~~
~~ ~ ~, ~'--ems' D.~c~~i ~ ~ o_~
a - ~~
~' S' W
~~~~ ~ ~
~~~ - w ~"~
~'` l ~ GcJ ~,~e
~~~~~ ~ ~ g~ ~ ~~
aos ~:~ 0-~
~~~
3S~ ~
3s~s~
~~d~
l,~c-~ T c~ ~~_~~s
~ ~ ~ ~~~
a o 7 ,` ~~~
GEJ.~~w,.w ~~ a o~
to-a~-~~
~ i
~3a ~- a~
3~3 ~ ~~~2a~ .
/:3 / 3 w ~
~~ Q 3 (.c~ 7
I~~~w ~~
~ 3 ~ ~{ ~~~~~ ~ 6 ~~ s,,
/~lS~ ~ ~
5 ?l ~ ~~~ ~~5 ~~
lsa ~ ~~~~,~ ~
:5 ~' y~ Krx-~'k~ c~ -U-O sa. ~s \
/ 3 a 9 - ~ c,~.~ c~,l
I6a~- w 1,~~
~~ ~~ O
020 GSA' ~~~~~ ~~ ~~ a ~'
3 tea. o ~=~ ~ ,~.,
~~~ 2 ~ (~~ ~~~~~ 7~ ~~
~~~ ~~~ ~ ~
~~~
12-a9
w~~ .~, 3~
•
~ c~ ~ ~ (~~Q ~'- ~ ~i~~.~ 76 ~o
~~ a ~
Sao ~ ~%~ Cv S-Bo~s-~.
~3 l ~ ~ ~. ~ 2~~~~ ~~ °
~~ ~ ~~~ ~
~,
3 ~5~~~-, ~o~2w-c~f'~ ,~ y _ -
l 7 ? ~ ~-~ .~ p/f .
~S3 (o ~ ~~~ ~L~ 7S? O
l ~ ~ ( ~ c~,v~1 ~-~
d6la ti w l3~
~~~ ~~ ~
~ s •
` ~~3oG- N. ~r'r. lS~
~~~1 ~ ~, r 7{ ~ l~ Gw\
~ (~
l 9 l 0 ~~~'~ ~ ~f1.
Sot ~ 3 (J ~ ~~Y~'~~-c-~-~ .k ~ ~~.C~ ~ G ~ `~
~S ~ ~ 3 1 t~ °~ 3~
~ G' ~ - L Gc/ aa.~-~
!~ ~ ~ ~,
•
5 3 q ~~ ~2c-~2-~uG a ~j 3 ~~J
!~~ ~ ~ h~%~c`~ ~
~~~~} ~ ~ J ~6S
/~0 ~ QdZi/`~`
~t~~- ~'`-~- 3 _
~~7~~ ~~-~'~ ~'
~a~_ ~ 3 ,~
~~~
8~~2~
~~ o
~~
~~~
~~ ~ sa ~~~~~ ~.-~°
9 4~b ~ `~ ~-~ ~ ~~ 3 ~ °r
l~ ~ '(Q"
~~- ~~~s
qs~~s ~~
~ ~ ~,~G ~~~v~ ~ 1 ~ ~ ~~~
~ ~~ - ~ , .-el'-~
_~-