FOUNTAIN GREEN-- Many issues brought before the Fountain Green City Council at their July 9 council meeting had to be tabled while further research into government regulations was performed.

He showed a map suggesting where sidewalks could be placed and urged the city to put in sidewalks, since they are part of the city's jurisdiction. He even drew up a map with suggested crossing sites.

Mayor Scott Collard thought to add one more at the four-way stop, but city employee Roger Aagard questioned whether the city could do it legally with current state laws.

Collard then noted that the city had once put up flashing lights at the school but had to take them down because the city hadn't met state requirements.

White said that if it was illegal for the city to put in cross walks, then he would report that in his next report to RISK Management.

Collard directed Councilman Scott Aagard to check with the state to see what the city could do.

White also said that RISK pointed out a liability issue. The legislature wants the public to use the public schools but RISK said that their insurance only covers school functions - not non-school functions. Since the city has several public functions at the school, White gave them a liability release form to sign.

Collard said he would take the release form to the city's lawyers for review and then get back to Principal White.

White said he wasn't sure how to handle the liability release for private citizen use.

Insurance

Susan Allred requested a letter from the city specifying what was flood land for Flood insurance she is required to carry on her home. She said the Federal Emergency Management Agency (FEMA) said Fountain Green isn't mapped by them and she needs to know if her home is in a flood plain or not because if it wasn't necessary, she could get rid of $385 insurance on the property.

Collard referred her to planning and zoning member Sue Player, who is looking into flood insurance issues.

Aagard noted that he tried to get flood insurance but was denied because the city isn't mapped by FEMA.

After more discussion, the council and mayor agreed that all they could do for now was give Allred a letter stating the city is not mapped by FEMA.

Lot splits

Bryce Hanson returned again on his two-year fight to satisfy the city on his propose subdivision. Hanson has had trouble understanding planning and zoning requirements. He was told by Planning and Zoning Member Joe Papenfuss that he had to file within one year for his conditional use permit and that Hanson didn't do that. Papenfuss said it is a county function to register the subdivision or start over.

Mayor Collard said the city is in the middle of making changes to subdivision ordinances required by new state laws, but didn't want to see Hanson have to start over.

Papenfuss said that they had to follow certain rules. He said that Hanson had basically vacated his subdivision. Papenfuss also noted that two properties had been approved, but said that Hanson needed to do his street improvements first before getting the subdivision recorded with the county.

The council approved four minor lot splits although Planning and Zoning Member Larry Wilcock said the zoning board approved the lot spits, but zoning should have sent the splits to the council first. Dennis May has one lot split, Wade Beck had two lots split and Jeffrey Walker had one lot split. Collard said that minor splits shouldn't have to come to the council, although he wanted major subdivisions to come before the council. Papenfuss said in order to do that it would take an ordinance change and a public hearing.

Without any reservation, the council approved Richard Tuttle to move a trailer on his lot for one year or until his house is finished being built if that takes less than a year. Wilcock said the trailer had to have a 25-foot setback.

A couple moving to Fountain Green requested the council waive the $200 water deposit. They said they were selling their home in Payson but with other expenses were short. They claimed to have good credit with Payson. Councilman Aagard made a motion to delay the water deposit until the couple's house sold, at which time they would pay the amount contingent on the couple keeping their bill current. The council agreed.

Judge's Report

Justice Court Judge Ivo Peterson reported to the council that the changes the legislature made wasn't as sweeping as first thought, but the city needed to be aware of the few changes.

Peterson said that judges would have four-year terms and once his terms ends then the judges would have to be elected. Peterson explained the process would be the city would make recommendations that would be sent to a board made up of county and state people who would choose two judges from the list and then the city mayor would make the final appointment. Then the judge would stay in office upon a voted 50 percent approval rate.

The judge's pay would be figured from 50 to 90 percent, depending on the city, of a percentage of what a full-time district court judge gets. Peterson said it is a "wide window" and doesn't expect the new wage formula to impact the city.

The salary would be changed across the state and most of the time legislature makes a two to three percent cost of living raise, but once in a while legislature has awarded 10 percent.

Peterson had good news for Fountain Green City. The computer system Peterson had recommended the city use a few years back happened to be the one chosen by the state. Peterson said that the state wants all courts to use the same computer program and they just happened to pick the one he recommended.

Peterson reported that his education program seems to be working well and the kids seem to be paying attention.

Peterson said he holds a class called "Who wants to be in prison?" He said that he tries to impress that what at a young age may be a fight, as an adult it's called an assault; and that shoplifting for adults is called theft.

Miscellaneous

In other business, the council was pleased with Nathan Beck's Eagle Scout project. Beck is helping put up the marquee sign for the elementary school. Beck asked the council to have the sign hooked up to the city's streetlights and pay the bill for the city's donation. Mayor Collard told Beck to let them know when he was ready to hook the sign up.

Out of three sealed bids for two city trucks, the council accepted the bid for both trucks at $703 for a S-10 and $149 for the Dodge truck from Swapp Brothers.

Police Chief Chad Huff reported that the legislature has changed the OHV law. As of Oct. 1, 2008, persons under the age of 16 must have adult supervision and between 16 and 18 must have their license to operate an OHV. He also noted that kids riding more than one person on a 4-wheeler was not against state law. He said enforcing only one rider would take a city ordinance, citing that Moroni did write an ordinance to do that.

The council discussed again asking people to remove from the roadside all unlicensed vehicles, trailers, hay, weeds and garbage. Collard said they would talk to people once more and give them 48 hours to remove the items before writing citations.

Collard also said that the city could make people do the same to their yards, but the city didn't want to do that yet. He said when it is serious if a place stinks or is a health problem, then the city should do something.

Councilman Combs said the city lost their cemetery help and would be looking at another candidate. The council gave a $1 an hour raise to the two part-time city employees mowing the side streets. Collard said they currently get $8 an hour.

The council was reluctant to take on a request for a sign stating "Children At Play" because of legal issues.

The council voted to accept road-paving bid of $146,114 from Peckham Brothers Construction over another bid of $168,000.

Mayor Collard said the new collection policy is working well. He said the city only had to write-off a total $1,340 of uncollected water bills. He said the lowest uncollectable water bill was $102 and the highest around $400.

Lastly, Councilman Jess Bailey reported that the new fire siren was completed and council discussed building a shed to hold recreation equipment.