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 the 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 Comments:
January 23rd:  Sydney Fonnesbeck, (ULCT Director of Training), Meg Ryan (ULCT Professional Planner), and Kerri Nakamura (ULCT Budget Consultant) came from the Utah League of Cities and Towns, of which Virgin Town is a member, to do a training session.  They were extremely informative and there will be no minutes on this meeting, so we will go into some detail here.  
First, Sydney talked about conducting meetings.  Though it is not appropriate to charge a fee to speak at public meetings, it is perfectly acceptable to lay out rules to help keep them organized, which might include putting a time limit on each speaker, prohibiting applause, or requiring submission of a written request to speak.
Other topics included the duties of the three different bodies of our government:  the Town Council, the Planning and Zoning Commission, and the Board of Adjustment [we noted that the speakers named the Board of Adjustment as the proper place to send an appeal of a conditional use permit unless the town’s zoning ordinance assigns this duty elsewhere]; the process of drafting and adopting an Annexation Policy Plan per the new state law, fees for applications and business licenses, and the implementation of conditional uses.  It was discovered that our town policy of reviewing conditional use permits annually for renewal is incorrect; CUPs simply remain in effect and are attached to the property, rather than the applicant, unless the permit granted is a temporary one.  Control may be maintained, however, through a review of the business license at its annual renewal time if a formal complaint against a permittee has been submitted.        
     In a discussion on zoning, we learned that a conditional use must actually appear in our zoning ordinance in order for it to be considered and that the inclusion of a catchall category (“other uses similar to the above…”) is strongly discouraged.  The speakers suggested including a statement such as “any use not listed shall be deemed prohibited”.  This would allow the Town to maintain some control over uses, and, in the event that decision-makers determined that a particular unanticipated use would be beneficial to the Town, the ordinance could then be amended to include it.  While suggesting broad descriptions of the types of uses allowed in a given zone, Sydney also warned us to be specific about certain things.  “Schools” is too broad, while “Public Schools” would allow for a more defined interpretation.  Once the board has determined a proposed use to be conditional in the specified zone, it may add all or any conditions deemed to protect the integrity of the surrounding permitted uses, and/or the health, safety and welfare of the Town.  
	There was also a discussion about adopting an Annexation Policy Plan.  After reminding us that there is no deadline for adopting a plan, the speakers recommended the Town to “…step back, take your time, and think about it.  Look at your General Plan again.”   Sydney said that including a piece of land in our proposed expansion area does not mean we can be forced to annex it at any given time, but that the expansion area should never include property to which the Town cannot reasonably provide services.  She reminded us that residential development does not pay its way; that, in fact, cities and towns statistically subsidize each residence in an average amount of $1900 per year.  This is a consideration in the decision whether to annex property.  “If you don’t want to raise taxes, you’ve got to have commercial development.”  She also made it clear that, once property is actually annexed, the Town is obligated to provide all of the same services on demand to the entire annexed area as are available to the original town.
	Kerri spoke about appropriate fees for development applications and business licenses, suggesting that, in some cases, the Town could be bringing in more dollars through these avenues than we are at present.  
Meg offered her expertise to the town in ordinance revision and review, specifically naming conditional use as an area we might want to examine in our zoning ordinance.   Sydney, Meg, and Kerri can all be reached at their offices at the Utah League of Cities and Towns in Salt Lake City. 
January 30th & February 5th:  The Planning and Zoning Commission met on these dates to work on the revisions to our Subdivision Ordinance.  Lenny Brinkerhoff and the Commissioners have been working very hard on this complex revamp, which will spell out more precisely the process of subdividing land, and name criteria for waiving expensive requirements under certain circumstances.  Planners want to distinguish between full-blown subdivisions (for example, Desert Garden west of town) and dividing pieces of land for, say, one’s offspring to farm or build a home on. Planners also talked of changing our agricultural zone to allow a residence on a 20 acre farm.  Our current agricultural zone does not allow for a home to be built (although, as one commissioner laughingly pointed out, it does allow for “household pets”).  Look for notice of a public hearing on this ordinance sometime soon.       
    	February 6th:  Planning & Zoning met for their regular meeting.  Recommendation of the new revised Subdivision Ordinance was discussed, but a road standard had not yet been decided upon (the old version points to St. George City road standards) and the board agreed to recommend the Town Council take public comment on the revisions as an item on their agenda.  Jim and Sandy Lindell came before the Commission to ask that it provide a letter to the County Commission, where the Lindells have applied for a building permit, stating that Virgin will exclude their land from the proposed expansion area in our future Annexation Policy Plan.  They are planning to build a home just this side of Mosquito Cove, and expressed worry that they could be forced in future (based on our zoning ordinance) to hook on to distant Town water systems at their great expense.  Allen Lee agreed to go to the next meeting of the County Commission to address the issue.  The Commission then opened discussion on an Annexation Policy Plan.  Marcia Rasmussen brought out a model plan recommended by the ULCT for small cities and towns.  She remarked that the plan was readable and well-organized.  Sean Amodt said he liked Marcia's suggestion that they take what they had already drafted and plug it in to this model.  It was agreed that the result would be emailed to the clerk, who could then forward it to interested parties.  A work meeting for the Annexation Policy Plan was scheduled for the following Wednesday.  Sean and Larry Amodt spoke in favor of adopting a Plan with no expansion area included, and of gathering input on the subject from landowners surrounding the Town.  The issue was unanimously tabled.  Next came discussion of the Town's policy of reviewing Conditional Use Permits.  Planners discussed changing our procedure of addressing each C.U. permit and business license annually to putting such routine items on the agenda only if written complaints have been filed in the Town Hall.  Lenny Brinkerhoff mentioned that C.U. permits are supposed to be recorded with land titles, suggesting that an annual review is inappropriate, and that these permits are considered to be permanent.  Mona Wilcox agreed to go through the Town's zoning ordinance to see if other changes would need to be made in adopting a new policy, and the issue was tabled pending this review.  The next item was a report from the Residential Treatment Center Committee.  Adele Pincock and Lee Ballard presented the committee’s list of potential benefits and problems of group homes along with possible mitigations, mostly compiled from the ordinances of other Utah cities or towns.  They also presented the results of their research into the pertinent state and federal laws.  They said they had been working with Meg Ryan of the Utah League of Cities and Towns to confirm their reading of the law and to analyze a draft ordinance, copies of which they distributed to the Commission.  As presented, the draft would allow small residential facilities for the disabled, as well as for the elderly, in residential areas of town, as required by law.  Contrary to some statements in Virgin Town meetings as well as to local popular belief, any town may zone to prohibit Residential Treatment Facilities.  By the same token, towns may require very strict limitations and conditions on such facilities, and/or allow them only in, for example, specific zones.  The draft ordinance lists many optional conditions amongst which the decision-makers could choose to mitigate concerns particular to a given proposal or location.   Due to the volume of information provided, the issue was tabled, and it was agreed that the RTC Committee would meet and then schedule a work meeting with the Planning Commission to go over the ordinance. [In fact, Sydney Fonnesbeck of the ULCT, in giving us a bit of history of zoning in Utah during the January training meeting, said that many small towns had first adopted their own zoning ordinances in response to being approached by applicants for youth homes]
February 12th:  The Planning and Zoning Commission met to work on an Annexation Policy Plan which will comply with the new laws.  We are ashamed to report that no FOVI member attended this meeting, but comfort ourselves with the realization this has not happened in over a year.  We have learned that the members spent some time on the Subdivision Ordinance as well as the Annexation Policy Plan during this meeting, but that no final drafts were made.
    	February 13th:  A Special Town Council meeting was held.  The only item on the public agenda was the approval of the purchase and installation of a video camera in the town hall, which was voted down.  The cost of the camera and equipment, which were installed last summer on the wall above the clerk’s desk, will be reimbursed to the town, and the camera removed.  The Council then went into closed session, where they were to discuss personnel matters.
    	February 20th:  Town Council met for its regular meeting.  The mayor announced that, on advice from attorney Russ Gallian, 15 minutes would be allowed for Items from the Floor, with a one-minute time limit per comment.  Audience members were also invited to make pertinent comments during discussion of regular agenda items.  Items raised from the floor included the status of the investigation being conducted by the county sheriff, the number and location of keys to town hall, and the low participation of townspeople in CERT meetings and training.  The sheriff’s investigation is complete and has been turned over to the County Attorney; there are six keys to Town Hall held by the mayor (2), the town clerk, Darcey Spendlove, Lenny Brinkerhoff, and Joel Haws.
	A welcomed addition to the agenda was approval of town expenses to be paid in the next 30 days.  This list was quite lengthy and is available for inspection in its entirety at the town office.  The largest expenses were for Gerry Buckner’s assistance in the sheriff’s investigation into Town spending and money management; a new billing/ accounting software program; water fees and impact fees due the Water Conservancy District and employee wages.  After it was reported the town had collected $9,960 in impact fees a resident asked why we only have $7,000 of that in our account.  He was told,“That’s what the investigation is about.”  After the review of the town payables, Ken Cornelius moved to pay the bills, second by Bill Johnson; ayes unanimous.
	Next, the mayor reported on improvements being made on the baseball diamond at the town park as part of an Eagle Scout project.  It was mentioned that another potential Eagle Scout project might be construction of a pavilion at the town park.  Councilor Gary Wilcox has invited input on the matter.  The council then approved the purchase of a new hard drive for the town.
	Darwin Hall was appointed by unanimous vote of the council to serve as the town’s representative on the board for the newly formed Mosquito Abatement District.
	Dean Cox, of the Washington County Sheriff’s department, was present to discuss Virgin’s inclusion in the Southwest Regional Hazardous Material program.  He asked the council to consider two items, an appropriate interlocal agreement and a cost recovery ordinance which would provide reimbursement to the team in the event Virgin Town collected damages from a responsible party.  Questions were raised and the council tabled the issue until their March 20th meeting.
	The next agenda item was the recommendation and approval of a new Planning & Zoning Commission member to fill the vacancy left by Sean Amodt’s departure to China.  The mayor made a motion to appoint Darwin Hall stating it would be in the best interests of the town to appoint him.  D. Spendlove stated Hall has other town obligations that fall on the same night as P&Z meetings.  The mayor suggested that P&Z meeting nights could be changed to Wednesday to accommodate Hall’s schedule.   K. Cornelius spoke about the possibility of appointing someone else.   “I would like to see one of the people who attend every meeting, who’s been involved in the town:  John, Sandra, Lee, Adele, Herb, who have shown interest, been coming for a year.”  B. Johnson said he had no problem with Hall but mentioned he hasn’t seen him attend many meetings.   He went on to say that John Grow is interested in serving and is up to date on town issues.  G. Wilcox also said he has no problem with Hall but that “there are other people really interested,” and that Hall has a busy schedule.  The issue was tabled.
	Next, the issue of 101 water line was addressed.  Allen Lee indicated that the work would be complete by the end of March.
	A motion to appoint Russ Gallian as Virgin’s new attorney was made by J. Lee.  Gallian’s fees were discussed.  K. Cornelius wondered if the town might save by retaining its attorney rather than paying an hourly fee.  Gallian said the town could choose its preferred method.  Gallian was also asked about his previous conflict of interest which the mayor had cited as the reason for Gallian’s dismissal as Virgin’s attorney in the minutes of 9/21/00.  Gallian stated he did not have a conflict and had not reported one.  The motion carried, with K. Cornelius and B. Johnson abstaining.
Recent legislation asks towns to adopt guidelines to help their decision-makers guard against constitutional takings of property.  R. Gallian has obtained the county ordinance and suggested the council might use it if they like it.  The town will invite public input on the issue, which will be included on the agenda for March.
	The mayor nominated members to sit on the Trails, Equestrian and BMX committees.  The Trails Committee would be coordinated by Bob Kelley and would work with the BLM to create and manage trails for hiking, biking, horse riding and ATV and 4-wheel drive uses.  The Equestrian Committee will be chaired by Casey Chivers and the BMX Committee will be chaired by Ken Cornelius.
	A discussion on Virgin’s Animal Control Ordinance was led by G. Wilcox who has received complaints from residents about roaming and stray animals.  Since the town does not currently have an animal control officer it is unclear how to enforce the ordinance.  J. Lee made a motion to have G. Wilcox research the issue with R. Gallian’s help to find an equitable solution.  Motion carries.
	Russ Gallian suggested the council adopt clear policies and procedures regarding the Town Council agenda.  The council voted unanimously to adopt the following recommended policies:  
The town clerk will be responsible for placing “repetitive, mandatory, and routine” items on the agenda such as the Pledge of Allegiance, prayer, and approval of previous meeting minutes.  Items from the Floor will now be a permanent part of council agendas.  Agendas may also include old business (such as tabled items), and new business.  Items for the agenda other than routine business may be approved by the mayor, by two council members, or by a vote of the council (during, for instance, Items from the Floor).   Public hearings will be held on all resolutions and ordinances being considered by the town and reasonable time for audience comments will be imposed.
Agendas will now include council approval of monthly bills and Gallian further encouraged the council to review the budget as often as necessary during the course of the fiscal year.
	Finally, the following Town Council assignments were made:  Fire Department, G. Wilcox; Sr. Citizen Community Center and Trails, B. Johnson; BMX track, K. Cornelius and J. Lee; Equestrian, D. Spendlove.

Upcoming Meetings
Planning & Zoning; March 6th at 7:00 pm (6:30 pm work meeting),
Town Council; March 20th at 7:00 pm (6:30 pm work meeting)

FOVI News
We are unhappy to report that the appeal of the Conditional Use Permit granted Liahona Academy, taken to the local district court by Friends of Virgin in response to being denied a hearing at the Virgin Town Board of Adjustment, is still ongoing, as the town recently filed a response to our petition.  It was our wish to have the problem addressed in-house, and it is still our hope that the issue will be sent back to the Virgin BOA.  

HISTORY
SOME [more] facts about virgin city by Evan S. Lee
Ø	Virgin was settled in the spring of 1857 by Johnson, Workman, Haslam, Bradshaw, and others.  They called it Virgin City after the Virgin River.  
Ø	Nephi Johnson lived in Virgin from 1857 to 1873.  He was the first presiding Bishop of the Virgin Ward.  Virgin was a branch of the Toquerville Ward.  
Ø	Joel H. Johnson and others built the first sawmill at what is now called Sunset Ranch in 1862.  
Ø	Leroy Beebe was Bishop for 23 years.
Ø	Most of the people from Duncan moved to Virgin.
Ø	In the 1860’s a lot of people from Virgin worked on the St. George temple. 
Ø	The Co-op Store was built in 1886 from adobes.
Ø	In 1866 the nearby towns were asked to come to Virgin and a fort was to be built.  By 1869 it was abandoned. 
Ø	The first ditch was to be built in 1858.  This was up the river ½ mile.  It was flumed around what is called Thompson Point.  Holes were drilled and cedar posts were put into the soapstone ledge.  Then the lumber was put on the posts.
Ø	The Farmland ditch was started up where the dam is today.  Rock and brush was used for the dam. One ditch came about where the ditch is now and another ditch headed in the same place called the Push Ditch.  It had no fall so the water run dead after a hard rain.  These ditches were abandoned in about 1910.  Then they made a ditch up North Creek and headed it about its north end of William Sanders turkey farm.  One ditch came to Virgin and the other one came to the field east of North Creek.
Ø	In about 1925 a few of the people that were left started to reclaim the old Farmingland Ditch.  Virgin had another ditch on the so-called Farmingland.  It headed at the south side of the river and Duncan.  It furnished water for Flanigan’s and my place south of the river.
Ø	They organized the United Order in 1874 and abandoned it in 1875(?).
Ø	Moses Clawson started the Flour Mill in 1866.  Completed in 1868.  It served all the people from New Harmony to Kolob.
Ø	Virgin had Post Office mail once a week in 1874. 
[The above excerpts were taken from a document now in the possession of Sharon Lee].