Boise City officials and Ada County Highway District are still at a 0-0 tie going into the third period, making a center ice face-off likely in court over the issue of remote sensors for parking meters buried in the street.
Boise’s parking department placed 68 hockey puck-shaped sensors in the ACHD street in May 2013 without notifying the highway district. ACHD subsequently told the City a permit/license agreement was needed and later denied the city permission, based in part on the intent of the sensors to “reset” meters once a car left a parking stall, even if there was time remaining on the meter. The motoring public and ACHD majority voted against Boise City.
With ACHD tending its asphalt goal, the District obtained an informal opinion from the Idaho Attorney General which essentially stated ACHD controls the road and Boise controls the parking. The politics has led to some rough skating and high sticking.
ACHD recently issued an ultimatum to the city, demanding removal of the hockey puck-sensors if an agreement authorizing 200 sensors under ACHD terms is not signed. The deadline is Friday morning.
Today Boise Mayor Dave Bieter and Council President Maryanne Jordan sent a letter to ACHD which was confusing at best. The first paragraph said: “Boise City has never disputed ACHD’s administrative authority over public rights-of-way, which ACHD holds in trust for the public, and Boise City has never disputed ACHD’s authority to require an administrative permit to install parking meters with vehicle detection sensor components within the public rights-of-way.”
The letter then went on to cite several court decisions which the City claims give them authority to place meters within the right-of-way and ACHD can’t claim sole control of the rink inside the boards. This is where the two teams take slap shots at each other. ACHD says, “Keep your meters on the curb, but don’t plant your puck in OUR rink.”
In the letter to ACHD, Boise removed its gloves and helmets with an obvious challenge, but in a move to avoid the penalty box Bieter concluded with: “Until the permit application review process is complete and ACHD provides the City with an administrative decision on both of the City’s permit applications, we request that ACHD take no action to remove the already-installed sensors. In addition to the potential liability ACHD may incur for the unauthorized removal of the sensors, any action taken at this point would be premature, and would result in the unnecessary expenditure of taxpayer money.”
There will be a “time-out” until Monday noon (Aug 4th) when the ACHD coaches meet to talk strategy during an executive session with legal staff players.
It will be interesting to see which team can offer a smile without showing missing teeth when the buzzer sounds.
The Boise City letter follows.ACHDFRANDENLetter073114_final-1
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