Traffic – Boise Guardian

What Happened To Our “Boise Way?”

Dave Frazier — Wed, 05 Apr 2023 19:09:30 +0000

Guest Opinion by
RICARDO OCHOA

On the road it meant driving with intelligence and realizing the speed limit is not a suggestion. Your turn signals are meant to be used in a timely manner. One of the most basic ways to be respectful is to use your turn signal.

We can’t read your mind. So do not make a turn or cut into a lane without signaling a good distance away. Stop signs mean full stop, not rolling through and putting others in danger. You are on the road driving a vehicle with the potential to cause great harm so please pay attention. Not the time for putting on make-up or texting. It also meant living in a neighborhood, a place where neighbors are people who know, help out and care for each other.

Sadly, things have changed so much in the last few years. This up-zone is a developer’s dream. The neighborhood I live in is on a road that is 25’ across. It actually should be a lane as two cars cannot park across from each other or emergency vehicles cannot get through. Our street, sadly, now has 5 rental houses. Some are rented by the room and are overflowing with occupants, too many cars on the street and an abundance of visitors who come and go. Most of these have Cali plates and go way too fast up and down the street without paying attention. Damn, there are small children who live here!

Along with the above, other traffic has really increased with trucks from UPS, AMAZON, FED EX and food delivery ALL DAY LONG. Places that were once homes and focused on family living are turning to rentals, Air BnB, and VRBO.

So, from one who grew up here, I feel there is very little respect left. It’s a losing battle to get newcomers to understand and I feel our city government has lost control and can’t seem to help in any positive way. They don’t seem to care much about the Boise way of days past and now seem to react only to the green…..and I don’t mean the trees.

Florida Meter Maids (and butlers) Tag Expired Tags

Dave Frazier — Wed, 29 Mar 2023 03:06:43 +0000

The GUARDIAN recently visited Tampa, Florida and learned that in addition to parking tickets, parking enforcement employees also can cite errant motorists with expired license plates.

If you park on the street or in a city-owned lot it can be really costly if you failed to renew your registration. The tickets are computer generated just like a credit card receipt. They include a photo of the car, the plate, and a closeup of the expired annual sticker, along with a time and date stamp…pretty hard to claim innocence! Of course the fine increases if not paid on time.

This has the potential of being a new “revenue source” for Idaho cities if it is indeed legal. Police should love it because current enforcement is a very low priority. There is minimal chance for confrontation since there is no traffic stop and no contact with the driver by the city code enforcement agent.

Idaho law requires a real certified “peace officer” issue complaint and summons (ticket) for misdemeanors. We need a legal opinion on this since violations would be infractions.

Motorist’s Hat Reminder Of Road Rage

Dave Frazier — Wed, 19 May 2021 18:58:36 +0000

A Pocatello man owns a baseball cap worthy of future fishing trips and visits to the casino.

Idaho State Police report that a Utah man is in jail following a road rage incident on I-15 Tuesday. The Utah driver approached the Pocatello driver’s car at a high rate of speed and fired several rounds at the slower moving car.

Police report that one round went through the driver side window and continued THROUGH THE DRIVER’S BASEBALL CAP, but he was not injured! He suffered a few scratches from the shattered window, but the bullet only penetrated the hat.

Christian Heskett, 22, of West Jordan, Utah was charged with aggravated battery by use of a deadly weapon.

The GUARDIAN suggests the victim wear the hat with the bullet hole on future fishing and gambling trips… just for luck.

BSU Seeks To Close Boise Streets

Dave Frazier — Wed, 01 Jul 2020 02:05:56 +0000

EDITOR NOTE: In a meeting July 1, the ACHD commishes changed directions on last week’s street decision. They voted to reconsider the June 24 action as requested by BSU. An insider tells us that doesn’t mean the vote is likely to change and the matter “starts from scratch.”

Seems that Boise State University officials won’t take NO for an answer when it comes to depriving citizens and motorists from using four City streets near the campus.

On June 24 the Ada County Highway District commissioners in a video (zoom) meeting voted 3-2 to deny a request from BSU for “Vacation (closure) of public rights-of-way for a portion of West Belmont Street, South Vermont Avenue, South Manitou Avenue, South Grant Avenue and the alley right-of-way located in Blocks 13, 19 and 22 of South Boise First Subdivision.”
A letter was sent to the ACHD yesterday asking for reconsideration of the denial by the elected board, claiming that since no one appeared at the meeting in opposition to the proposed closing the board erred.

For the BSU letter click here

for the entire letter.
Re: Request for Reconsideration of Resolution 2306 (Vacation of public rights-of-way for a portion of West Belmont Street, South Vermont Avenue, South Manitou Avenue, South Grant Avenue and the alley right-of-way located in Blocks 13, 19 and 22 of South Boise First Subdivision (Boise State University/Idaho State Board of Education).

Dear Director Wong,

On June 24, 2020, despite Ada County Highway District (ACHD) Commission staff recommending approval, the Commission voted not to adopt Resolution 2306 (described above). As a result of errors of fact and/or law and in accordance with ACHD procedures (1006.11 Reconsideration), please accept this request for the Commission to reconsider its June 24, 2020 vote related to Resolution 2306, and return the matter to ACHD staff for further review, and a new hearing.

In error, the Commission failed to consider the fact that no member of the public testified about a need to use and travel over the rights-of-way. Idaho Code § 67-2322 provides that a vacation determination may be made when it is in the best interest of the public, yet no member of the public expressed the need to travel over the to-be-vacated rights-of-way. In stark contrast, Jefferson Street was vacated by the Commission after more than fifty members of the public expressed an interest in traveling the street.

Also in error, the Commission failed to consider adequately those matters and documents and processes quite relevant and considered matters not relevant – namely the City’s master planning processes.

The petition and application for vacation of rights of way is directly associated with the September 1, 2010Right of Way Vacation and Property Exchange Agreement, as addended by a First Addendum on July 3, 2019 (together, the “Agreement”).

As part of the Agreement, ACHD and the University (on behalf of the State of Idaho, which holds all of Boise State’s real property) would exchange properties, with ACHD vacating the streets and alleys in the South Campus expansion area and deeding the same to the State of Idaho as the adjacent property owner, and the State dedicating 16 feet of State of Idaho property to ACHD for the entire length of Beacon Street. While the properties subject to the exchange both had, and have, significant value, the two public entities agreed to these terms in the public’s interest, and agreed to exchange the same with no monetary compensation. The agreement anticipated the street and alley vacations to the University at no cost, with the University agreeing to make additional certain pedestrian and roadway improvements and dedicate right-of-way on Beacon Street.

The original agreement posed no deadline for the easement over Boise State property on Beacon; ACHD staff requested an addendum with a deadline for this transaction and the transfer of property by easement by no later than August 31, 2019; this action was completed, as described further, below.

Neither the Agreement, nor the background and context for the vacation request, including ACHD Resolutions 954 (8/6/2010) and 2205 (10/25/2017) (and as modified by the Addendum) were contained in the Commission’s packet, nor were they provided the deference or consideration they were clearly due. No fact contained in the Commission’s packet highlighted the history and protracted negotiation leading up to this hearing and decision.

Boise State, doing its part in accordance with the Agreement, finally acquired all of the Beacon Street properties in the summer of 2019 so that it could complete the largest part of its obligation. In fact, the Executive Director for the Board of Education confirmed that no additional approval of the 16 foot easement was necessary by the Board because the Board had approved that action being taken in 2010. To date, Boise State has complied with the Agreement by providing a permanent ACHD easement for 16 feet of State of Idaho property. Denial of the vacation request benefitting Boise State results in a lopsided commercial transaction between two public entities, unjustly enriching a political subdivision of the State of Idaho to the detriment of the State of Idaho itself.

Further, and in error, the Commission identified and relied heavily upon the University’s withdrawal of the master plan update with the City of Boise, creating an unnecessary and ill-conceived link between a municipal process and the fulfillment of terms of the Agreement. The Commission’s focus should have been on the six separate development scenarios provided in the Master Circulation Plan, not the details included in the City of Boise process. It is this comprehensive Master Circulation Plan that is specifically referenced in the Agreement, not a city master planning process.

Commissioners expressed dissatisfaction with the status of Beacon Street. Boise State has fulfilled its contractual obligations to empower ACHD to improve Beacon Street, if it so chooses beyond what is already required of the University in the Agreement. Failures or dissatisfaction with planning for Beacon should become part of the internal review of the status of Beacon at ACHD, and not considered as part of the University’s application.

Commissioners challenged the legitimacy of the Traffic Study due to the review stopping at Broadway Avenue and Beacon Street. This study scope was intentional and the thoughtful product of consultation with ACHD staff and the City of Boise Planning and Development Services staff.

Ten years after the execution of the Agreement, with the last few years soliciting ACHD staff and Commission direction for proceeding with the vacation request (and a year after the Agreement was addended with an easement deadline for ACHD’s benefit), at least one commissioner stated that it appears Boise State “isn’t ready” for this request and should return when it is ready, contradicting statements made at the Jan. 24, 2018 hearing directing Boise State to return with updated traffic data which would show various buildout scenarios for the campus. The Traffic Impact Study accounts for those various buildout scenarios. The study provided ample opportunities to analyze this portion of campus and the effects that different buildout scenarios might bring, and was not considered or given due deference by the Commission.

The Agreement includes no requirement for a campus development plan to be approved by the Commission, only a Master Circulation Plan. To require the same is outside the terms of the Agreement, as stated above, and if taken to its extreme, study after study would be required, each time campus development occurs, with no real progress made on vacating streets and alleys. This contradicts the Commission’s direction to provide a comprehensive traffic study for the area and return with a single application for the vacation.

The Commission’s reliance on the withdrawal of the Master Plan with the City of Boise is not a consideration in law, policy, or the Exchange Agreement. The vote by the Commission inappropriately relied on this fact in denying the vacation request.

Our hearing should have considered the parameters of the Agreement, with clear expectations and the understanding that vacation requests would be reviewed alongside professional data and analysis, as appropriately requested by the Commission. Instead, a) that same professional analysis wasn’t available to the Commission, and b) Boise State’s request was inappropriately “bundled” with a separate process being conducted by a separate agency, Boise City.

Ultimately, the Commission failed to adequately consider the Agreement’s exchange and unfairly and inappropriately considered factors like the master plan at City Hall to deny the request. The result is the benefit of a bargain to ACHD and unjust enrichment, to the University’s detriment.

As a result of the foregoing, Boise State respectfully requests reconsideration of the vote regarding Resolution 2306, and a return of the matter to ACHD staff for further review, and a new hearing.

Sincerely,

Randi McDermott

Randi McDermott
Vice President for Campus Operations/COO
Boise State University
1910 University Dr.
Boise, ID 83725-1360
208-426-1493
randimcdermott@boisestate.edu

New Law: “Hands Free Even At Stoplights”

Dave Frazier — Mon, 29 Jun 2020 19:22:25 +0000

If Boise coppers enforce this law, all it will take is an officer on foot at Capitol and University to write tickets.
IDAHO STATE POLICE NEWS RELEASE
Beginning Wednesday, July 1, 2020, drivers throughout Idaho will recommit to safe, responsible driving by following a new law meant to keep drivers engaged while behind the wheel.

Text messaging on a cell phone while driving in Idaho, USA. MR

The new Idaho State Code 49-1401A requires electronic devices be in hands-free mode while driving, including when stopped at a red light or stop sign.

In other words, with few exceptions, the new hands-free law makes holding a cell phone illegal while operating a vehicle.

The new law, HB 614, is intended to “address safety concerns associated with a significant portion of distracted driving crashes.”

“Education of motorists is key.” Said Col. Kedrick Wills, Director of the Idaho State Police.

“Idahoans want to be responsible and to be good drivers. This law is another way to remind all of us we need to pay attention to the road when we’re behind the wheel. As law enforcement, we can remind them with education or enforcement. We’re starting with what we prefer, education.”

EDUCATION FIRST:

This law applies in every city and county throughout the state. Troopers, officers and deputies will issue warnings from July 1, 2020 to Dec. 31, 2020. Citations can be issued beginning January 1, 2021.

WHAT DRIVERS NEED TO KNOW:

– Drivers can only use electronic devices and mobile phones in hands-free mode;
– Drivers are only permitted to touch devices to activate hands-free mode;
– Drivers are not permitted to hold or support any electronic device/phone;
– Activation of GPS, voice to text, and making or receiving calls is permitted with one-touch or voice command;
– Handheld use is allowed only if the vehicle is both stationary and not located in a public travel lane, or in the event of an emergency;
– Drivers are not allowed to touch a device for texting, emailing, apps, video, or internet use;
– Should a driver receive two distracted driving violations in three years, the new law states insurance companies can consider those violations when establishing insurance rates for a driver.

“We’re in this together, every motorist on the road. Our lawmakers have seen the need to give law enforcement in every jurisdiction, cities, counties and the state, a greater tool to ensure traffic safety. But the greatest power lies with each individual motorist who gets behind the wheel who makes the conscious decision to be engaged while driving.

“ISP will do our part to enforce when necessary, but we’re asking every Idaho driver to take it upon yourself and take responsibility for your own safety and the safety of others around you. Keep your hands on the wheel, your eyes on the road, your mind on driving, and together we’ll keep Idaho safe.” Said Col. Wills.

PENALTY:

1st offense – $75 fine
2nd offense within three years – $150 fine
3rd and subsequent offenses within three years – $300 fine. Three offenses in three years can also lead to a license suspension of up to 90 days.

DEADLY DISTRACTIONS:

Idaho drivers are encouraged to SHIFT their behavior and focus on engaged driving. Unfortunately, distracted driving remains a danger and over the past decade has morphed from random incidents to a persistent and dangerous problem.

– 241 people killed in Idaho in crashes attributed to distracted driving between 2014 and 2018.
– In 1 in 5 crashes in Idaho, distracted driving is contributing factor.

“Things can go wrong very quickly when you take your eyes off the road for even a few seconds.

“Sadly, Troopers have come across crashes where the driver’s decision to use a mobile device resulted in life or death consequences. Anyone who has seen, been involved in, or is tasked with responding to these crashes understands this law addresses safety for every single person who drives on our roadways.” Said Col. Wills.

A STATEWIDE STATUTE:

The new ISC 49-1401A will preempt all local ordinances in cities who already have hands-free ordinances. In 2012, the legislature passed a law that prohibited texting. This statute will be repealed once House Bill 614 takes effect July 1.

Gov’t Rules Defy Logic And Reason

Dave Frazier — Sun, 19 Apr 2020 22:08:36 +0000

In quiet defiance of Gov. Brad Little the GUARDIAN joined scores of fellow citizens and openly defied the “stay at home rule” this past Sunday.

We packed a picnic and headed for Lucky Peak. No surprise when we hit traffic with cars parked along both sides of Highway 21 at Discovery Park. Folks ignored the barricades to walk their dogs, sun bathe, and picnic.

The road across the dam and the boat ramps were also closed. More parked cars. The dirt roads near Hilltop were blocked. More parked cars. The entrance to the Idaho Fish and Game wildlife management area was closed. More parked cars.

We crossed the high bridge at Mores Creek and stopped at Spring Shores. Gates open and boat ramps busy. More parked vehicles–BIG pickups with boat trailers.

Onward toward Arrowrock Dam at a wide spot opposite a trailhead more parked cars. At Jack’s Creek campground, barricades and more parked cars. We did an end run of a barricade and ate lunch under a new covered picnic table.

Last week we noticed Idaho Power has closed access to the Snake River at Swan Falls and all the other campgrounds and boat ramps including C.J. Strike.

On Broadway near Federal Way a lighted Idaho Transportation Dept. reader sign admonishes us to “STAY IN.”

This got us to thinking. Why are people protesting in front of Little’s office about the closure. It means nothing. If you want to go fishing, it can be done. Hiking and birdwatching, no problem. People appeared to keep their “social distances” and maintained their sanity.

In summary, it looks like Gov. Little’s transportation folks are out of step with the Spring Shores Park Dept. folks. Idaho Power is doing nothing more than punishing fishermen, and the conservatives are flapping their right wings at a problem they could just as easily ignore.

Wash your hands, don’t cough on people, keep your distance. Selling gas for $1.69 a gallon and telling folks not to drive is liking putting marshmallows in front of a six-year-old and telling them they can’t eat any.

Mobile Phone Law Should Be For All

Dave Frazier — Sat, 16 Nov 2019 20:06:05 +0000

If driving with a cell phone in your face is like having a six-pack under your belt, would you send a copper out on patrol with six beers in him?

A proposed Ada County ordinance would prohibit SOME drivers from using cell phones while driving, but there would also be exemptions for coppers and other “first responders.”

Today’s modern emergency vehicles are packed with all sorts of electronic devices including radios, computers, telephone links, as many switches and buttons as some airplane cockpits. You cannot “train” someone to safely drive, talk, operate a phone, and check a computer screen.

Meridian recently passed a similar ordinance, but chief Jeff Lavey told the GUARDIAN his officers will have to pull over to use cell phones as a matter of policy, despite the exemption. Hands-free devices are legal for everyone under the ordinance.

Even the state code which bans texting while driving includes first responders. The Ada Commishes are seeking input from citizens according to a story in the IDAHOPRESS.

Survey Shows “Growing Too Fast”

Dave Frazier — Fri, 28 Jun 2019 21:03:51 +0000

For years the Boise State University Public Policy Institute survey results served as the justification for Boise’s Team Dave to push for public safety, transportation, and parks to accommodate the growth.

The standard response to critics of growth was, “You can’t stop growth. People just want to come here.”

Now, more than 70% of those taking the scientific survey are saying growth is too fast. The majority of respondents were ready to accept slower development even if it meant a slower economic growth. If only our “leaders” would use these latest results as a call to reason.

Our lifestyle, culture, economy, and environment are changing beyond our control and not for the better.

The GUARDIAN has a logical, common sense solution to the accelerated growth rate. The cities and state should honor the will of the citizens and stop advertising. If a merchant has more demand for product than he can supply, it is downright stupid to keep advertising.

We are too full of tax incentives, offers for businesses to relocate in the Treasure Valley, assorted promotions at trade shows, planted feature stories about the joys for living here, and inclusion on “top 10” lists.

If the various mayors used their offices to distribute information about housing being too expensive for many workers, homelessness, winter air pollution, massive traffic issues, and the fact more than 70% of residents surveyed don’t want the rampant growth, perhaps it would discourage some of those new residents. Many days the air in Boise is worse than Los Angeles.

Combine that with some serious impact fees on developers who prey upon Treasure Valley residents who have to come up with schools, roads, and sewers for their profit and growth just might slow down.

We need to collectively take a break. Catch our breath. Stop and think about what we want out of life and what we can afford. New local option taxes and fees are not the solution.

Woman Injured By Dinosaur That Scootered Away

Dave Frazier — Fri, 02 Nov 2018 20:34:45 +0000

It finally happened last Sunday in Boise, not Jurassic Park. The first injury accident with one of those e-scooters took place at 6th and Front Streets in Boise. Witnesses said it was a hit-and-run dinosaur. Here is the official police report:

Boise Police and the City of Boise continue to monitor E-Scooter use across the city and educate users on safe ridership when appropriate. To date, BPD has taken one police report. In that report, a 59-year-old woman was injured and BPD is now asking the public for help with the investigation.

What Happened: On 10/28/18 around 2:00 p.m. a 59-year-old woman, walking in a crosswalk on 6th Street across Front Street, was struck by a man who had fallen off a scooter. The man was riding as a passenger on the scooter when he fell off. After he crashed into the woman, knocking her down, the man got back on the scooter with the female driver and they fled. The victim received minor injuries and was taken by paramedics to the hospital. The man on the scooter was dressed in a dinosaur costume and the woman on the scooter was dressed as Rainbow Brite (cartoon character for you oldsters). It’s unknown what type or brand of electric scooter they were riding.

Boise City Code states that no E-Scooter shall be used to carry more than one (1) person at a time. Anyone operating an E-Scooter in a manner that endangers or likely endangers a person or property can be charged with misdemeanor reckless or inattentive operation.

For more information about the proper use of E-Scooters please visit https://www.livboise.org/liv-stories/2018/e-scooters-are-here/.

Lewiston Area Drug Coppers Hit Pay Dirt

Dave Frazier — Thu, 25 Oct 2018 15:22:42 +0000

Idaho’s highways might be full of criminals if a recent two day “emphasis patrol” by Idaho State troopers and local coppers is any indication. Seems that nearly half of the 156 motorists they stopped ended up charged with drug violations.

Here is the official breakdown from the District 2 office at Lewiston:

On October 23 and 24, 2018, the Idaho State Police conducted an emphasis patrol on US Highway 12 and US Highway 95 near Lewiston, Idaho with support from the Nez Perce County Sheriff’s Office, Nez Perce Tribal Police Department and Idaho County Sheriff’s Office. The focus of the patrol was to enhance traffic safety and disrupt criminal activity.

During the 2 day emphasis patrol, 156 vehicles were stopped for traffic violations. Upon further investigation of those stops, law enforcement identified 14 felony drug violations and 62 misdemeanor drug violations. Eight individuals were arrested for outstanding warrants and one driver was arrested for DUI. Multiple citations and warnings were issued for traffic violations. The Idaho State Police appreciates allied agency support of its mission to provide public safety across the State of Idaho through law enforcement excellence.

Sgt. Ken Yount (who happens to patrol with a drug dog) told the GUARDIAN the figures aren’t as alarming as it may appear.

“I think we had about 30 cases because there were multiple violations among additional passengers in some of the vehicles and the majority of the incidents involved illegal personal use,” said Yount.

No cash, vehicles, or other property was seized.