Friends of Virgin, Inc.
P.O. Box 790005
Virgin, Utah 84779-0005
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
DRD Properties South, director
Jan Walker, director
MEETING WATCH
[editorial and explanatory comments italicized in brackets]
Planning & Zoning Meeting, 10/1/03:  Mike Crawford, Larry Amodt, Allen Lee, Marcia Rasmussen and Mayor Darwin Hall were present. After approval of minutes from 9/3 and 9/10, former commission member and newly appointed mayor Darwin Hall told the commission that he would like to fill the planning commission vacancy left by his selection as mayor with the third runner up in the town council election.  Then the commission turned its attention to the Virgin Town Road Standards [planners have been revising St. George road standards to attach to the amended subdivision ordinance] Although the standards were not completed, much progress was made; all other agenda items were tabled.
COMMENT
Who IS our mayor? 
	On 10/1/03, former mayor Jay Lee was sentenced in Fifth District Court.  Judge J. Shumate imposed the sentence recommended by the County Attorney; namely, two years in jail, stayed by the Court; two years bench probation; and truthful testimony at the preliminary hearing for former clerk Noelle Higbee.  Since the funds in question had been paid back to the Town, no fines were imposed.
	Ken Cornelius, mayor pro tem, chaired the Town Council’s regular meeting on 9/18 and TC special meetings on 9/3 and 9/25.  When the council met to select a new mayor on 9/25, applicant Cornelius excused himself from the deliberations as is required by state law.  Each applicant (Cornelius, Darwin Hall, Joy Henderlider, Lori Rose and Jan Walker) then made comments regarding their qualifications for the position of mayor.  Darwin Hall, the council’s ultimate selection, told the council that if he were chosen he would take care not to “…air our dirty laundry in public”.  A resident appealed to the council to avoid a quorum of immediate family members on the council. [in a town our size a quorum, that number required to carry a motion, is three]  Council members had comments to make as well.  Though D. Spendlove declared her conflict of interest as Darwin Hall’s daughter, she went on to say she tried to look at the issue from an “outsider’s” point of view.  She named some of D. Hall’s work and political experiences and cast her vote for him.  Though G. Wilcox, as Hall’s brother-in-law, also declared a conflict of interest, he likewise cast his vote for Hall.  B. Johnson, stating the importance of maintaining the confidence of the voters and avoiding any appearance of conflict of interest, suggested K. Cornelius would be the best choice as he had been elected by the people, and cast his vote accordingly.  Darwin Hall was thus appointed, and he was then sworn in.
Liahona Academy
	As you may remember from last month's newsletter, the results of an early September investigation into complaints of non-compliance from citizens compelled our Town Council to require Liahona Academy to present documentation of compliance with all conditions and ordinances to the council for approval before a building permit would be released.  This unusual but reasonable requirement was in response to a perceived history of non-compliance by applicants which has created public and official concern over the past months.
	In fact, it seems the concern was well founded, since, in addition to making no visible progress on their project over 12 months, applicants made no apparent effort to properly record all deeds, to renew their corporate status as required by state licensing regulations, or to bring their accreditation application into current status until they were informed of the citizen complaints, days before their permit expired.  Their permit fees, due in September 2002, were not paid until August of 2003; the same month they applied for and were denied a permit to operate their facility, not in Virgin, but in St. George.  
	On 9/18/03 the Liahona Academy conditional use permit, good for one year per Virgin Uniform Zoning Ordinance 8-10, expired. The ordinance clearly provides for revocation of a CUP after one year unless, in the judgment of the Town Council, substantial work has been accomplished toward the implementation of the use.  On that night our council addressed the recommendation and approval of Liahona’s business license and conditional use permit renewals.  Chris Edwards informed the Council that he still did not have all required documents.  B. Johnson began a motion to revoke the permit when Atty. Gallian reminded him the Council must first give notice and a hearing to the applicants. A motion was made giving Liahona Academy notice of a hearing to consider revocation of their conditional use permit at the regular council meeting on 10/16; ayes unanimous.
	On 9/25, Ken Cornelius was replaced by Darwin Hall.  On 10/8, a reporter from the local paper informed surprised members of the FOV board that Liahona had been granted all required permits and were breaking ground the following day.  We learned that Liahona applicants were given their building permit, business license, and conditional use permit on 9/30, without votes of approval in public council meeting, contrary to the procedures laid out by the council decisions on 9/3 and 9/18.  These actions deprived the public, not only of the remedies clearly drawn out in our zoning ordinance, which requires the Town Council to investigate and act on citizen complaints and allows them to revoke a permit when little progress has been made, but also of the fundamental right to open and accessible government.  Because the FOV feel very strongly about openness and adherence to the law we decided to consult an attorney about the actions.  After some research, St. George attorney Richard Ranney agreed that the permit renewals had been handled improperly and that open meeting laws had been violated. The FOV board decided this was important enough to use some of our donated funds to have him write a letter to the council, which was delivered to members at the 10/16 meeting.  This letter will soon be posted on our website for review. 
	On 10/27 a special Town Council meeting was called. The agenda listed, first, consideration and approval of revoking the conditional use permit, business license, and building permits for Liahona Academy; and then consideration and approval of the same three items.  Mayor Hall explained to an audience of approximately 50 that he had made a mistake in signing the business license and conditional use permits for the applicants because in his mind they went along with the building permit, which he had been advised to release.  [As our third acting mayor in the space of one month, D. Hall may not have been brought up to speed; he had not yet even presided over his first meeting.  On the other hand, Chris Edwards, having served time as Virgin Town Attorney and been present at the table when the council gave notice of revocation, should have been completely up to speed]
	Town Attorney Russ Gallian told the council that, though a property right such as a conditional use permit should not be taken away lightly, our zoning ordinance provides for revocation if substantial work has not been accomplished. [Fear of litigation seems to be an influential factor in Town Council discussions of this matter.  However, the TC's discretion is protected by immunity laws]
	Virgin’s ordinance is very clear on the issue of revocation, even emphasizing that the judgment of the Town Council alone is what determines “substantial work”.  Since Liahona Academy allowed their permit to expire, the council had full authority to revoke their permit.  If L.A. has failed to perform due to lack of funding, as is suggested by the Spectrum article of October 9th then their failure is not due to disparate treatment, or refusal of the town to be accommodating, or actions taken on citizen complaints. [Certainly it cannot be considered a hardship to be asked to show compliance with written requirements]	
	Chris Edwards, sole Liahona representative present at the revocation hearing, mentioned cash outlay to begin construction in hopes of persuading the council applicants had, in fact, accomplished “substantial work”.  He listed the cost of the land, impact fees, engineering and architect costs, and initial construction costs. [architect fees and land purchase must certainly be incurred prior to plan approval by town boards; thus, this does not constitute progress since the granting of the permit; also, if a permit is revoked there would presumably be some return of impact fees]
	Council members and residents expressed concern that state and local requirements as well as conditions on the permit had not been met in a timely manner.  B. Johnson made a motion to revoke the conditional use permit based on lack of substantial progress made, which died for lack of a second.  D. Hall said that he felt, despite what everybody thinks, that Liahona had received a property right when they were given their permit and that we don’t have the right to take it away from them. [we feel that, if our decision-makers don’t feel our ordinance should be utilized as it is, they should take steps to amend it accordingly]  
	Numerous residents made comments regarding the applicant’s performance, as well as the council’s perceived unwillingness to vote according to the wishes of the people.  Nevertheless, no additional motions were made for revocation, and D. Hall soon made a motion to approve the conditional use permit and asked for a second.  After a loaded pause, Darcey Spendlove seconded the motion.  B. Johnson voted no, Hall and Spendlove voted aye.  When G. Wilcox asked if he could abstain, Hall replied that it would open a “can of worms”, and Wilcox voted aye.  A large group of frustrated residents left the building, and approvals of the business license and building permit followed.
GOINGS ON
	Our previous Town Clerk, (Stacey) Noelle Higbee, appeared in Fifth District Court on 10/27/03 for a preliminary hearing on her charge of felony misuse of public monies. Brenda Whitely (Higbee’s attorney) and Paul Christensen (from the County Attorney’s office) questioned Buckner, Jay Lee, and Wade Higbee.  The court was told that over $6,000 in pay advances to Higbee had been openly recorded in the town’s books, although not necessarily in a timely manner.  Witnesses agreed  that after a regular audit turned up irregularities, Gerry Buckner, Mona Wilcox, Noelle Higbee, and Jay Lee met in Chris Edwards’ office in November 2002 to discuss the matter.  Noelle had compiled a list of hours for overtime and work done at her home office, reducing the amount of unearned pay to $2,553.30, which Higbee was told must be repaid to the town.  J. Lee testified that he approved one advance and no more. When Lee was asked if he ever reviewed the checkbook, he said no.  He stated that in November 2002 Noelle came to his place of employment and asked him to sign a check.  Thinking she had forgotten to write herself a paycheck,  he signed it.  After Higbee left he called Mona Wilcox, who had been hired as the new Town Clerk, and asked her what he just signed.  He was told it was an advance paycheck to Higbee for March of 2003.  He said he was surprised, but that he did not put a stop payment on the check because he was “in shock”.  Witnesses agreed that the town had been repaid the money, and that J. Lee had given Higbee’s husband a check in the amount due the town.  J. Lee testified that this was a loan, suggesting it had been written out to Wade Higbee to ensure Wade was aware that his wife Noelle was borrowing money.  However, Wade Higbee testified that no mention had been made of a loan at the time J. Lee delivered the check to him, that Lee had merely said Lee’s “political enemies” were coming down on him, and that he had made the check to Wade rather than Noelle so that there would be no paper trail. Later W. Higbee told J. Lee he would pay him the money back less some legal fees due Heath Snow, which he considered J. Lee to have caused.  
	Judge James Shumate said the issue is whether or not it is illegal to advance pay.  He gave the attorneys ten days to provide him with briefs on the subject.
	The Town council has asked for input from residents on a road improvement wish list.  Money will be received for town roads soon, and the council would like help from the public in prioritizing paving and maintenance projects.  Email, snail mail, or deliver your comments to the Town Hall.
	The town will soon send out letters asking for payment in full for overdue water bills before shutting off the water meters. Payment schedules may be an option, but only if a lien can be placed against the property in question.  
	Sandra Grow has been chosen to fill the opening for volunteer fire chief left by the temporary departure of Chief Gary Bratton to his winter home.  Thanks to Gary, Sandra, Joel, and all the fire volunteers for their hard work this year.
	The Congregate Living Facility Ordinance committee met on 10/30 and discussed revisions to the ordinance based on the vast legal research provided by Russ Gallian.  We understand a new draft will be available shortly; look for a detailed report in our next newsletter.
UPCOMING DATES
Planning & Zoning:  Wednesday, 11/05/03 at 7 pm; work meeting at 6:30 pm.
Town Council:  Thursday, 11/20/03 at 7 pm; work meeting at 6:30 pm. 
DON’T FORGET TO VOTE!
Tuesday, 11/4/03 at the Virgin Town Hall; 7 am to 8 pm.
HISTORY
We have mentioned that Charles and Josephine taught school in Virgin in the latter part of the 1800’s, but  readers may have noticed that Charles was also in charge of the local store. In the month of October 1898, which follows, Charles took on yet another role as he became a Justice of the Peace, in which capacity he served for many years. 
OCTOBER 1898
2.	Sun. (Clear - cold)  Frost killed tomatoes, grape leaves, corn etc., some ice.  Fast Day  I attended S.S. and Fast meeting.  
3.	Mon.   (Cool - clear)  By request of Jas. Jepson, J. of P., I wrote a warrant of arrest for Harry Small of Shonesberg, and John Hilton, Constable has gone up to serve it.  
4.	Tues.  (30-  Clear)  Harry Small of Shonesberg was brought before Jas. Jepson, Justice of the Peace, and pleaded guilty of Petit Larceny.  I made out the papers for Bro.                   Jepson.  I bought 50 lbs. of Pine nuts of Indians for Store.  
5.	Wed.  (31-  Frost - clear)  Constable John H. Hilton started for St. George with Small to deposit him in the Co. Jail.  His sentence was $30 fine, in default of which he goes to jail 30 days.  
8.	 Sat. (Cloudy, W. wind, few sprinkles eve.)  Sold 200 lbs. of grapes to John Eddy.  
11.	Tues.  (Clear A.M., Cloudy P.M.)  Got of J. A. Stratton, Jr. 9 1/2 lbs. cheese at 12 1/2 cts.  and 39 lbs. flour on the 200 lbs. of grapes he got of me.  
13.	 Thur.  (Clear)  Molasses making is about finished for this year.  
16.	Sun.  (34-  Clear, north wind)  I attended Sunday School but not  meeting, stayed home with my wife and read sermons.  
18.	Tues.(Cool nights - Clear, calm)  I attended a Democratic Primary this evening and was nominated as candidate for Justice of the Peace.  
19.	Wed.(Clear, cold.  North wind)  Sister Sanders brought some freight for the Store this morning. 
20.	Thur.(Clear - North wind)John E. and MaryJane Wright had a girl born to them today 11AM.  
21.  Fri.(Clear – calm) I have given the Store over to K. Isom again as I have to prepare to start school.  
23.	Sun.  (Clear)  I attended S.S. and M.I.A. Conference this afternoon and evening.  Pres. D.H. Cannon, J. G. McQuarrie, Ed. R. Frie, Geo. Whitehead and others were present, also visitors from Toquerville and Up River.  
24.	Mon.  (Clear)  My school opens this morning with 27 pupils.  
25.	Tues.  (28-  Clear, E. wind eve.)  Priesthood meeting this evening, I did not attend.  29 pupils today.  Ate the last watermelon from our lot today.  
25.	Weds. (warmer, clear)  Josephine is bottling peaches today.  We bought 50 lbs. of Marion Bradshaw for 1 1/4 cts. per lb.  
27.	Thur.  (Colder, thick ice - clear)  Pulled my beans this morning.  
29.	 Sat.  (Warmer - clear)  Thrashed my beans, have 27 lbs.  Finished my book satchel and a halter for the cow.   Attended Y.M.M.I.A. this evening.  Borrowed 63 lbs. of flour of John E. Wright.  
30.	 Sun.  (Warmer - cloudy)  I attended S.S. but not afternoon meeting.  Today is "Nickel Sunday" for the Sunday School.  All S.S. pupils are asked to donate 5 cts. to the S.S. Union.