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 WATCH
[editorial and explanatory comments italicized in brackets]
Planning & Zoning:    
 The following events occurred in regular or special meetings of the commission in March and April. 
The board agreed that meeting tapes should be transcribed word-for-word rather than in summary form, and minutes have been approved for January, February, and March.      	Members, having studied excavation permit ordinances from nearby towns on their own time, came to regular meeting ready to discuss pros and cons of each.  Members of the commission decided the ordinance should cover dust control, and other specifics, but that extensive regulation of side hill development was unnecessary.  A very productive work meeting was held on 3/10/04 to complete a draft which was recommended to the council for action at the April meeting. A possible location for Virgin’s multi-residential zone was discussed; members talked of allowing for use, which might include two-family and multi-family dwellings, near the new Industrial Commercial Zone.  Although there has been no formal decision about the location of this new zone, the commission talked of mapping it into property north of the cemetery, on or near a Bureau of Land Management parcel which has been earmarked as a possible acquisition for use by the town.  Some members are concerned that access past the cemetery would be inadequate for heavy use.  
The commission is now returning to work on an annexation policy plan, which would include maps and regulations to guide the town’s response to future petitions for annexation.  [According to recent Utah statute amendments, no municipality may annex property until it has gone through a fairly extensive process to adopt an annexation policy plan]  Planners  discussed the implications of Apple Valley’s filing for incorporation, and members are gathering plan maps from surrounding entities.
Carolyn Matsler came before the commission to announce that she would be representing Kenneth Cornelius, Sr. for phase II of the Virgin Acres Subdivision.  Zoning Administrator Lenny Brinkerhoff informed her that the new Virgin subdivision ordinance is now in effect, which requires that all improvements on new subdivisions must be in place before building permits are issued.  Matsler briefly presented a concept plan and agreed to meet with the Zoning Administrator.  
The commission is looking into the possibility of enacting an ordinance limiting the weight and size of trucks on Sheepbridge Road.
Allen Lee and Marcia Rasmussen, who have been reappointed to their positions on the Planning Commission, were sworn in at the April meeting.
 
COMMENT
While Virgin’s planning board and council evaluate uses to be allowed in commercial and industrial zones, residents who care what sorts of businesses appear along the highway or tucked away behind residential neighborhoods may want to make suggestions. It is during this process of establishing new zoning law that governments and the people they represent have the greatest latitude to plan their ideal community.  Courts in Utah have clarified that legislative acts, which establish policy, are to be weighed using a less stringent standard than judicial or administrative decisions, which interpret or apply that policy. A useful article on the relevant case law, Court Review of Land Use Decisions by Utah League of Cities and Towns legal advisor, Attorney David Church, can be found at the ULCT website (www.ulct.org).  The standard used by the courts in reviewing a challenge to a town’s adopted land use policies requires only that the municipality make a reasonable connection between its regulations and the public welfare, whereas judicial and administrative decisions must be defended with substantial evidence.   
It may then be inferred that a municipality has a good deal of freedom to plan growth just as it wants, within the limits of applicable law, as long as adopted land use rules are based on rational zoning concerns, and are therefore neither arbitrary nor capricious.  Attempts, on the other hand, to control growth on non-legislative levels through, say, the denial or granting of conditional uses, or selective administration of regulations, must be tougher to defend, as a strict standard of substantial evidence would be imposed.  Clear, specific ordinances without catchall land use categories and other generalizations which must be interpreted not only simplify the jobs of officials and employees, but ensure that all decisions have been made on the level least vulnerable to legal challenge.
Lawmakers have another advantage while establishing policy which they may not always have at other levels:  the freedom to give generous consideration to the wants of residents.  Although public pressure, in some cases, fails as a defense in challenges involving the denial or removal of uses or permits, importance given to input is legally justified, and indeed encouraged, when elected officials are establishing land use regulations. 
 
GOINGS ON
On March 8th, youth counselor Anson Arnett died from injuries he sustained during an alleged assault that took place at Maximum Life Skills Academy, a youth residential treatment center run by Adam Ah Quin in Cedar City.  A public meeting was held in Cedar City on March 17th to address the proliferation of youth treatment centers in southern Utah and community concerns about their safety.
Cedar City mayor Gerald Sheratt, council members, and city attorney Paul Bittmen lead the hearing.  Sen. Tom Hatch and Rep. Bud Bowman (R-Dist 72), who has offered to sponsor a legislative bill to address official and community concerns about treatment centers were also in attendance.  Ken Stettler, director of the state Human Services Office of Licensing, fielded numerous questions from officials about RTC regulations and their enforcement.  Cedar City residents and some members of Arnett’s family wasted no time reminding officials that MLSA was in violation of some of the state’s administrative rules.  Arnett was the only counselor working at the facility on the night he was assaulted.  He could not summon help, as he carried no communication device.  Stettler described the state’s staff-to-student ratio requirements, emphasizing that a minimum of two counselors must be on duty at all times.  In spite of this provision, Arnett’s father reported that, even on the afternoon following his son’s assault, only one counselor was on duty at MLSA.
Residents and officials expressed worry over the large and rising number of youth residential facilities locating in southern Utah.  According to Mr. Stettler, there are 140 residential programs in Utah, 70 of which specifically serve out-of-state youth.  Some wondered if lax zoning and enforcement policies might explain the industry’s attraction to Utah.  Office of Licensing has funding for only two licensing agents to serve the entire southern Five County area. Mayor Sheratt suggested limiting the number of youths allowed in a facility based on a percentage of a city’s population.  Stettler replied it is the state’s policy to issue licenses to programs that meet requirements regardless of a facility’s location.  [keep in mind, however, that the administrative rules also call for each facility to comply with all local zoning ordinances]  City Attorney Paul Bittmen added that federal fair housing and disability laws may prohibit caps based on population.
Other suggestions included adopting regulatory provisions requiring alarms in buildings, reporting incidents that occur inside facilities to police first, and increasing business license fees to allow a city to recoup infrastructure costs it might incur due to the existence of large residential treatment centers.  Some said they were frustrated over policies and privacy issues that restrict access and keep officials and the general public uninformed as to an RTC’s compliance with state and local requirements.  Stettler replied that, upon request, each licensed facility is required to provide records to the public detailing its purpose, types of clientele accepted, services provided, and a manual of its official policies and procedures.  According to Stettler, administrative rules governing residential treatment centers may be revised every five years; according to this schedule, the rules will be reviewed sometime this year.  
An ordinance regulating congregate living and treatment facilities has just been approved by the Iron County Commission.  The new law allows residential facilities for up to four disabled or elderly residents in all residential zones where single family dwellings are permitted, but prohibit most other group living arrangements in these areas.   
FOVI Board Report
Last fall the FOV board decided, one month when we seemed to have enough of the green stuff lying around (thank you, supporters!) and the town seemed to be on a strict budget, to offer to cover fees for councilmembers to go to special trainings held by the Utah League of Cities and Towns.  We asked that, if anyone chose not to attend, that the balance of our donation go toward the refurbishment of the old church, which stands, in sound if slightly dilapidated condition, adjacent to the Virgin Town Hall.
	As it turned out, our councilmembers were unable to attend the trainings this winter.  When we heard rumor that an appropriate heater for the old church could be had for a miniscule sum (a sum which happened to match perfectly the fee donation mentioned above), we reminded the clerk of the cash sitting there in some account and presto! the old church has a new heater.  Thanks to Gary Wilcox for finding such a bargain, and to all of our members, whose support made the contribution possible.  If all goes well, town meetings may be held in a warm, roomy ‘new’ building next winter.
	Since the purchase of the heater, three of our councilmembers have been scheduled for a ULCT training, the fees for which will now be paid by the town. 
 Upcoming Dates
Town Council:  Wednesday, April 28th at 7pm; work mtg 6:30
Planning & Zoning:  Wednesday, May 5th at 7pm; work mtg 6:30
Town Council:  Wednesday, May 26th at 7pm; work mtg 6:30 
History
	Finally, another excerpt from the diary of Charles Workman.  He and his wife Josephine were the first schoolteachers in Virgin.
APRIL 1899
1- Sat. (Warm - Clouds) Have been taking down decorations in the meetinghouse.  Got 90 lbs. of wheat from Oliver Stratton for work in the harvest field last summer, and 86 lbs. of potatoes and 23 lbs. of flour from John Isom for Lower Ditch work last year. Attended Y.M.M.I.A.
2- Sun. (Clear) Fast Day  I attended meetings as usual.  Josephine attended S.S. and 2 P.M. Meeting but not Conjoint session of Y.L. and Y.M.M.I.A. in evening.  Lois went up to the "Mill".
3- Mon. (Clear) Worked all day on Lower Ditch.  Bought a Planet Jr. Plow, Hoe etc.
4-Tues. (Warm--clouds) Attended Priesthood meeting this evening.  I was appointed teacher on 6th beat (upper part of town).
5- Wed. (Warm--clear, N.W. wind)  Working at school report, printing photos of the school. Attended Choir Practice this evening.
6- Thur.  (31, 6 A.M. Frost, Ice - Clear, warm, calm P.M.)  I have organized a night school to meet Tuesdays and Thursdays 8 P.M.  Met this evening for the first time.  Studies taught: Grammar, Arithmetic, and Domestic Science.  Lois started for Tropic with Nephi today.
7- Fri. (50, 7 A.M., 80, 2 P.M.  Clear, calm)  Delsy's Birthday  She is two years old.
8- Sat.  (83, 2 P.M. Clear, calm, warmer)  Prized goods at the Store.  Watered garden and lucerne.  Trimmed arbor over east door.
9- Sun.  (54, 6:30 A.M., 86, 2 P.M. Clear)  Wife and I attended S.S., 2 P.M. meeting, left Delsy with Mother during Sunday School.  I attended Theological Class in eve.
10- Mon. (83, 2 P.M. Cloudy)  Planted melons. Corn up.  Trimmed grapevines, potatoes coming up.
11- Tues. (50, 6 A.M., 84, 2 P.M. Clear) Have been toning and mounting photos today (school and family group).  Planted melons and red beans.  Night school here this evening.
12- Wed. (85, 2 P.M. Cloudy)  Mending shoes most all day.  Wm. G. Miles (Gus) here selling grindstones.  Sold three at the Co-op Store.  Got some graham and cornmeal ground at Mill.
13- Thur. (81, 2 P.M. Clouds)  Watered garden.  Had Night School this evening.  Kate and Annie Isom started for Cedar to school.
14- Fri. (Clear) Cleared up the grapevine trimmings.  Finished school report.
15- Sat. (44, 6:30 A.M., 85, 2 P.M. Clear) Planted Butter Beans, Squash and Cucumbers.  Made a cover for water barrel.  Attended a meeting of Y.M.M.I.A. this evening. Meetings discontinued until fall.
16- Sun. (Clouds, west wind A.M.  North wind eve. Air hazy)  Attended meetings as usual.  Elder Samiel Isom spoke in afternoon services; Subject- Faith in the existence of God.
17- Mon. (Smokey haze all day.  Canyon breeze) Plowed grapevines today.
18- Tues. (West wind, hazy)  Watered garden, put up Mother's wire door.  School here this eve.
19- Wed.  (Cooler, clear, west wind)  Tanning a cat skin.  Printed some envelopes.
20- Thur. (33, 6 A.M. Clear, W. wind P.M.)  Sent off Y.M.M.I.A. report. Printed envelopes etc.  School here this evening. Picked first ripe strawberry today.
21- Fri. (46, 6:30 A.M., 83, 2 P.M. Clear, calm)  Worked in garden staking peas, beans etc.
22- Sat. (Clouds, heavy south wind on LaVerkin Bench)  Started for Silver Reef this morning at 7:30 A.M., reached LaVerkin 10 A.M. Ate 
dinner with Henry and Zannie.  All bathed in Sulphur Springs.  Went on to Reef  in afternoon, Henry & Zannie went too.
23- Sun.  (Clouds, south wind)  We visited with wife's folks until 2 P.M. then returned to the LaVerkin and stayed with Henry and Zannie all night.
24- Mon. (Cooler, Cloudy A.M.  Clear, calm P.M.)  Started for home 6:30 A.M. and reached here 9 A.M.  Charles Stratton and Emma Isom started for St. George this morning to be married in the Temple.
25- Tues. (30, 6 A.M. Clear, calm)  
Frost.  Half of our grapes are killed I think.  Other fruit not much injured.  Watered garden.  Helped Ben Bradshaw make a reach.  Attended Priesthood meeting this evening.
26- Wed. (40, 6 A.M. Warmer, cloudy)  Stock are being driven from South ranges to Kolob Mt.  Began yesterday mowing lucerne for our 
cow.  Today is our Wedding Day.
27- Thur. (Cloudy, heavy west wind, rain P.M.)  Planted sweet Corn.  School here this eve.
28- Fri. (Colder - Moderate rain during last night.  Showers of rain and sleet today, thunder)  Posting Store accts.  Heard of Zannie Gubler's accident this morning, she is getting along alright they say.  Went to administer to Rosa Pratt this evening.
29- Sat.  (Rain, nice steady showers most of the day.  Some sleet, couldn't work out of doors.)  Josephine is cooking pies, cakes etc., expecting the folks from the Reef, St. George and LaVerkin.  C. Stratton gave a wedding dance last eve.
30- Sun.  (White Frost.  No damage to fruit - Clear, W. wind, cloudy eve) Attended meetings etc. as usual.  Bro. Pickett and family came today about noon.