GRANTSVILLE WILL GET MUNICIPAL COURT - Radar -Speeders Question Clarified

(07/07/2006)
There was good news, bad news and the approval of a municipal court for the Town of Grantsville at Wednesday's council meeting.

"There is a lot of misinformation out there now," council member Gaylen Duskey said, while proposing setting up a municipal court, "and it needs to be corrected."

Duskey pointed out that things like parking tickets and police radar have been misrepresented.

He explained that there had been rumors and statements that the town has been sending out threatening letters in an attempt to intimidate people into paying parking fines, threatening legal action.

"That's not true," Duskey said. "I have seen the letters sent out by the town and there are no threats in the letters. None. None implicit or implied."

Duskey then said that the issue of a Class IV city (Grantsville, by virtue of its small population is a Class IV city) using radar as prima fascia (primary) evidence has been blown way out of proportion.

"Technically that is correct. Small towns can't use radar as primary evidence," Duskey said. "But if the officer sees a car that he thinks is speeding and then uses the radar to verify that, then the officer is the primary evidence and the radar is corroborative evidence.

"End of story. Much ado about nothing," he said.

" But those kind of rumors are exactly the reason the town needs a municipal court."

Council voted unanimously Wednesday to create a position for a municipal judge and a municipal court.

The time-line calls for the town to name a judge, review town ordinances, train the judge and start the court January 1, 2007.

The biggest reason is that training for municipal court judges is only held in November.

The scope of the court will be limited to only misdemeanor offenses for which there is no jail time as part of the punishment.

In other news the town learned that its 2005 audit found the sewer department was operating in violation and deeply in the red.

According to the audit, the town is about $90,000 in deficit in the sewage department.

This audit could possibly lead to a reassessment of sewer rates for the town.

The town also learned it will obtain a grant for garbage containers, thanks to the diligent work of Recorder Roger Propst, who would not let the opportunity of getting a grant for the containers die.

In other news:

- The town adopted a resolution accepting $85,500 for flood mitigation of some properties on the south side of Grantsville.

- Took no action on a resolution asking the current owners of the Old Stump Building to attempt renovation of the building instead of demolition.

- Took no action on making June 30 A.H. "Dick" Stump Day in Grantsville.

- Heard a report from the Town Hall Building Committee saying that demolition on the old town hall should begin sometime in August.

- Heard a grievance from citizen Howard Johnson about his dog being hit by a police car. No action was taken.