Friends of Virgin, Inc.
P.O. Box 790005
Virgin, Utah 84779-0005
www.friendsofvirgin.com
If you wish to be removed from our email list please send a message to friends@friendsofvirgin.com.
Our Purpose:
To promote the continued health, safety, security, beauty, and viability of the town of Virgin, Utah, through the combined efforts and talents of the individuals and entities herein known as the Friends of Virgin.  Though the Friends of Virgin differ dramatically in viewpoint and political affiliation, they unite here to assist in informing and educating local residents and decision-makers; promoting openness in town government and free access to its records; and encouraging public input as well as its serious consideration by officials.
Board of Directors:
Lee Ballard, president
Adele Pincock, secretary
Sandra Grow, treasurer
Linda Collet, director
Nancy Isom, director
DRD Properties South, director

MEETING WATCH

Planning & Zoning 
	January 2005 (regular meeting):  The commission reviewed the agenda and declared no conflicts of interest.  A member of the public reminded Chairman Allen Lee that he owns land in the floodplain, and Lee agreed that he could have a conflict on the agenda item dealing with a new floodplain ordinance.
Home occupation permits were granted to Naomi Snyder for massage therapy and Lyman Everett for his construction office.  Ed and Betty Finley, who train dogs to be donated to the Multiple Sclerosis Society, were given a kennel license. 
The final plat for Desert Gardens phase III was recommended for approval, contingent upon two things: a letter from Eddie Campbell of the Fire Department, and a written contract with adjacent property owners (to whom a small part of the platted land currently belongs).  Vince Blackmore, the owner of the subdivision, said he expected to reach an agreement shortly with the Frobes family, who will receive utility and access easements through Desert Gardens in exchange for the land.  Because the commission had asked for details on the wall planned between the highway entering town from the west and the back yards of future homes, Blackmore presented a photo of a decorative block wall.  He said this wall would be the same color as the large, dark-colored house he is now building in the current Desert Gardens subdivision.    Commissioner Mike Crawford asked that the record state no building permits would be granted within the subdivision until the required highway turn lane into the development has been completed.  The motion passed in a 4-1 vote.  
Property rights became a topic of vigorous discussion in relation to two agenda items:  the recently adopted excavation ordinance and its applicability to agriculture, and the consideration of a new floodplain ordinance. Some members of the public commented that permit requirements to move earth would violate private property rights.   Others worried about the damage excavation can do to neighboring property if drainages are disturbed or ponds built.  One citizen pointed out that the state regulates such things, and another suggested that granting permits may transfer liability to the town. Council member Bruce Densley informed the group that if an owner alters his land to the point of damaging neighboring property, he is solely liable.  Commissioner Larry Amodt said he is on the side of property owners, but that the town should protect the public as well.  He wished aloud that residents would read the drafts and make comments.  Mayor Darwin Hall said he had thought hard about the floodplain ordinance and its impact on property rights, and decided that nobody should have the right to build in a known dangerous area and sell to another.  He said that no existing Virgin homes are in the floodplain, and that grants are available to have detailed floodplain maps drawn.  Planners did not act on the excavation and floodplain ordinances; the items were tabled for further study, and the commission asked for public input.
The Utah Department of Transportation has asked the town to adopt an ordinance dealing with all-terrain vehicles (which include motorcycles as well as four-wheelers).  UDOT is concerned about ATVs using the shoulder of State Highway 9, and asked that such use be minimized. Jason Lee presented a model ordinance; the trails committee asked that the town repeal our current regulation against unlicensed riders, and determine which streets and roads would be appropriate for ATV use.  Commissioner Bill Adams told of the dust plumes he sees from his home in Desert Gardens, and of riders visibly traveling where no trails have been established, wondering if the draft ordinance would address these issues.  There was talk of mapping trails away from the highway and out of earshot of homes; Jay Lee of the Trails Committee said they had been working with the BLM and considering locating trails for hiking and biking along the ridgelines, leaving ATV trails in lowlands.  He mentioned that there are impact fees in town coffers set aside for ‘parks’, and suggested they could be redesignated for ‘parks and recreation’.  There was also talk of creating an ATV club, which could get residents involved in creating trails and enforcing their exclusive use.  The process of mapping and approving trails and streets for various uses will take some time, and will include requests for public input.

    Town Council
December 2004 (regular meeting):  Mayor Darwin Hall and Councilmen Bruce Densley and Bill Johnson each declared conflicts of interest regarding the proposed Riverwood Hollow subdivison due to familial relationship, discussions with the developer regarding access to the property, and/or being an adjacent property owner.   Gary Wilcox, owner of the proposed project land, also declared his conflict on the item.
Vince Blackmore was present to discuss the progress on Virgin Acres subdivision.  He reported that, contrary to standard, the irrigation line is above the culinary line, and a 3’ trench will be needed to remedy the situation.  Drainage will run in front of Lot 6 and a culvert will be installed in front of the Drennan home.  Preparation for paving has begun and curbs will not be installed.
Riverwood Hollow Preliminary Plat was considered for approval.  Engineer Jim Reeves reported they were able to revise the plat to preserve a large Mesquite tree on the property.    Although secondary access remains a concern for fire officials and others, the project’s traffic engineer deems it unnecessary, due to other existing, if questionable, dirt roads to the area.  The state fire marshall was present and explained that the International Fire Code Appendices require a secondary access in subdivisions with more than 30 homes.  Since Virgin has not adopted the appendices, however, he cannot enforce this provision.  A motion was made to approve the plat; D. Hall voted no, stating concern about a second access, B. Johnson abstained as an adjacent property owner, B. Densley and J. Grow voted yes.  G. Wilcox, after again declaring his conflict of interest, voted yes.  Developers also inquired about leasing the Town’s water rights on Gooseberry mesa.  This item was discussed but no action was taken.  
Planning Commissioner Marcia Rasmussen presented a proposal to purchase an easement from the town to access private property on Coal Pits.  Council requested the proposal be resubmitted with certain changes.  The liquor ordinance was amended to include the sale of wine in restaurants; a new flood plain ordinance was sent back to the Planning & Zoning Commission; Town Council meeting dates for 2005 were approved.  B. Densley reported that the Virgin Police Department issued the most citations yet last month, but that the state is taking a much larger percentage than expected.  An income and expense report was requested; however, the council did not have the figures at hand.

COMMENT

Virgin’s General Plan:  Your Vision
After last month’s rather dry discussion of the statutory authority for adopting a general plan, we are happy to move on to talk about the first step in Virgin’s General Plan update.  Many municipalities begin amendments to their general plans with what is called a “visioning process”.  This part of the process may be the most fun, because residents get to set aside all legal and practical concerns for a moment and dream about their ideal picture of the town’s future.  
‘Visioning’ may consist of asking citizens to come to an interactive public meeting, or series of meetings, to learn about the options available to the town and give the commission their responses and ideas.  One benefit of this approach is that residents can enlarge on their own visions when they hear what others imagine. A single forward-looking resident might come up with an idea that charms all the rest of us, and sends Virgin toward dazzling future success.  It also might serve to widen all of our knowledge of what actually can be done within the limitations of government.  Finally, it would bring those busy members of the community who don’t frequent Town Hall together for discussion with more often-seen citizens and town officials, which could be a boon to all concerned.  The planning commission has talked of holding a great, casual community gathering for these purposes, but is currently stymied by the season, since our town park would be the most likely spot for such a party. 
Another possible approach to finding out just what the community wants for the future is to do a written survey, a visual preference survey, or a combination of the two.  A written survey might use many questions to discover from each person what sort of community he would like to live in, long into the future.  A visual preference survey might consist of a series of contrasting photographs or drawings which each person would rate on a scale.  Commissioner Larry Amodt has been appointed to work on a survey proposal with the help of Lee Ballard.  Also, the Governor’s Office of Planning has agreed to help Virgin by creating an innovative survey to ease the gathering and interpreting of public response, some form of which may be presented at the regular February Planning & Zoning meeting.
Whichever method or combination of methods is used, we urge Virgin residents who have ideas or opinions about the future to respond when the time comes.  If the participants are too few, the results may be completely useless, and much time will have been wasted and opportunity missed.  Once the planning commission has an idea what the townspeople would like to see, they can then use the knowledge to help them make basic decisions about the placement and design of various uses in the community, and even about the nuts and bolts of growth management.

Senate Bill 107 and the Regulation of Group Treatment Homes
Some Utah law-makers are responding to public concern about the regulation of state-licensed Human Services programs such as youth residential treatment centers.  Almost a year ago, during the 2004 legislative session, a bill was sponsored by Senator Chris Buttars, R.-West Jordan, which would have made changes in the statute authorizing the rules to be enforced by the Health and Human Services Office of Licensing.  SB140, which included numerous amendments to licensing requirements for programs, was “quietly smothered”, according to Salt Lake Tribune reporters Dan Harrie and Robert Gherke (September 19, 2004).  
But in the wake of the March 8 death of Anson Arnett, who was killed in an incident while working alone (against state licensing rules) at a residential treatment center in Cedar City, a new bill has been introduced by Senator Tom Hatch, R-Panguitch. Much input to lawmakers from residents in Cedar City and the surrounding area proved the concern of the public; Hatch announced his intention, and a diverse work group gathered in the early days of the proposal to brainstorm and inform the senator.  Last November a draft was released and discussed before an interim committee.  According to a November Salt Lake Tribune article by Kirsten Stewart, Hatch said the bill “walks a fine line between balancing the need for protecting the public and not being over-regulatory”. The bill has now been introduced to the Senate.
  SB107 would give the Office of Licensing wider power to make rules and revoke or refuse licenses to operators who violate those rules.  The most recent version would also allow a municipal employee to become certified by the Office of Licensing to inspect licensed treatment programs.  This provision, although it places the burden of cost on the municipality, could increase safety inside the homes and reduce worry in surrounding communities. 
Although you may remember from previous reports in this newsletter that lack of regulation and enforcement in these homes has long been a problem, the incident at Maximum Life Skills brought the point painfully home to the people of Cedar City, the family of Anson Arnett, and some of our lawmakers.  Since the leaders of the residential treatment industry seem to be wealthy, powerful, and well-connected in our state, we may be assured that our legislators have been and will be hearing from them before and during the current legislative session, which began on January 17th.  It is also important that they hear from the public on this issue.  The proposed bill, though by no means a cure-all, could possibly increase the safety inside and outside of these homes:  a step in the right direction. 
The website of the Utah Legislature, at www.le.state.ut.us, provides links to legislative calendars and agendas, as well as email and snail mail addresses for lawmakers.  Bill text and information about the progress of SB107 can be found by searching from the Legislature’s home page.

UPCOMING DATES

Town Council:  Wednesday, January 26 at 7 pm; work meeting at 6:30 pm. 
Planning & Zoning:  Wednesday, February 2 at 7 pm; work meeting at 6:30 pm

HISTORY

The following report of a January 1909 flood is reprinted from an issue of the old Washington County News (to be found in the University of Utah J. Willard Marriott Digitized Collection), a now-defunct newspaper  referred to in many of our newsletters.  Although the damages are a little different, the details of this 96-year-old flood sound awfully similar to the catastrophe we lived through earlier this month.