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STATE OF UTAH
COUNTY OF SEVIER
TOWN OF ANNABELLA
TOWN COUNCIL MEETING
July 13, 2017
Minutes for the Town Council Public Hearing and Meeting held Thursday, July 13, 2017 beginning 6:00 p.m. in the Annabella Community Center, located at 295 East 300 North, Annabella, Utah. Mayor Brent Christensen conducting.
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LAND USE ORDINANCE, PROPOSED BEEKEEPING AMENDMENT, PUBLIC HEARING
1. ROLL CALL
2. OPENING REMARKS
3. PLEDGE OF ALLEGIANCE
4. APPOINTMENT/ROBERT BLACKBURN, ANIMAL CONTROL ORDINANCE SUGGESTIONS
5. APPROVAL OF MINUTES
6. APPROVAL OF WARRANT REGISTER
7. MOTION TO ADOPT PROPOSED SECTION ON BEEKEEPING TO THE LAND USE ORDINANCE
8. DEPARTMENT BUSINESS
9. ADJOURN
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BUDGET PUBLIC HEARING 6:00 P.M.
Public In attendance:
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R’Dell Lee
Richard Hansen
Michael Stevenson
Bill Lee
Danny Washburn
Aaron Dent
Rachel Dent
Amanda Crane
Bill Lee
Matt McLean
Jim Leavitt
Jodi Nielson
Larry Helquist
Mark Stewart
Matt McLean
Katherine Lund
Jeraldine Grundy
Wayne Grundy
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Mayor Christensen opened the public hearing at 6:00 p.m. and welcomed all in attendance. Mayor Christensen explained that the reason the Town Council decided to add a section on beekeeping to the Land Use Ordinance is because of concerns regarding the lack of mosquito abatement in areas with beehives. He noted that the Planning Commission has reviewed the proposed ordinance and recommended some changes. He noted that the changes are included in the copy distributed to those in attendance. He also noted that Joey Caputo, Department of Agriculture, has received a copy of the proposed ordinance and the updated proposed ordinance reflects his recommended changes.
Mayor Christensen then invited Mark Stewart, Sevier County Mosquito Abatement Supervisor, to explain mosquito abatement and the effects it has on bees. He also asked that any following comments be limited to 5 minutes so that everyone has an opportunity to comment.
Mark Stewart: Mr. Stewart emphasized that Sevier County is not against beekeeping and appreciates the beekeeping in the area. He stated that if a city or town does not have a beekeeping ordinance that specifically addresses mosquito abatement, the common practice is to turn off spraying within 300 feet of the property the hive is located on. He went on to explain that if the label is followed correctly and the spraying is at night, after the bees are in the hive, it will not cause harm to the bees. He stated that it is a delicate challenge to make everyone happy in this type of situation because some of the neighboring properties near a beehive in Annabella are not getting the mosquito abatement services. Mr. Stewart went on to say that in order to give the county some guidelines for spraying in Annabella, as well as to create an ordinance with requirements for hives in town, the Planning Commission and Town Council felt it was necessary to add a beekeeping section in the Land Use Ordinance. Mr. Stewart then read the following clause of the proposed beekeeping ordinance which states that all property within Annabella is subject to mosquito abatement:
In order to promote the health, safety, prosperity, peace, order and comfort of the inhabitants of the town, the governing body deems it necessary to participate in a mosquito abatement program with Sevier County. All property within the municipal boundaries of Annabella Town are subject to this program regardless of the location of the apiary.
He noted that the proposed section on mosquito abatement previously included language that indicated that the town and county had no accountability for any harm that could be caused to the bees resulting from any negligence from mosquito abatement practices. He noted that the wording has been removed.
Aaron Dent: Mr. Dent explained that he currently has hives on his property. He said that he appreciates the changes that have been made to the proposed ordinance but still feels a few changes need to be made. He also apologized to his neighbors for any problems his beehives may have caused.
Mr. Dent then read from the following sections:
· 6-715, questioning the need for restricting the number of hives to 5 on property 0.5-0.99 acres
· 6-718, questioning the requirement to keep hives 6” above ground and also the requirement to have the owners name, address, phone number and registration on each hive
· 6-719, questioning the flyaway barrier restrictions
· 7-723, questioning which conflicts may arise with the health department
Mr. Dent then read excerpts from letters he had received supporting beekeeping and questioning the need for the restrictions placed in the ordinance. Mr. Dent also explained the costs associated with beekeeping.
Amanda Crane: Mrs. Crane introduced herself as a neighbor to Mr. Dent and noted that she does not have any problems with beehives. She explained that she has horses on her property and estimates them to be valued at a minimum of $2,000 each. She voiced her concern regarding the lack of mosquito abatement services near her home due to Mr. Dent’s hives. She also explained that some of the diseases mosquitos carry could be deadly to her horses and that she wishes to have the mosquito spray near her home.
Mr. Stewart explained to Mrs. Crane that upon adoption of the proposed ordinance, her street will be fogged. Mr. Dent then noted that he has talked with 11 of his neighbors and that only 4 of them had a problem resulting from him having the hives. Mr. Stewart then asked Mr. Dent what his opinion is on mosquito spraying. Mr. Dent replied that he is fine with it as long as the county is responsible if there were to be an incident where the spray killed his bees. Mr. Stewart replied that if there were an issue, the cause would be determined and if the county were responsible, they would be liable for the cost of them. Mrs. Crane then asked if the county will pay for one of her horses if it were to contract West Nile. She added that she feels there is a certain risk you take if you own animals or bees. She added that she feels the mosquito abatement has been very effective and that she does not want the mosquito problem to return. She added that she does not have any problems with the bees but would like a happy medium.
Mayor Christensen then asked Michael Stevensen, Utah Beekeeper Association President, if he had any concerns with the proposed ordinance. Mr. Stevensen stated that he did not see any reason for hives to be 6” off the ground. The Town Council agreed to take that requirement out of the proposed ordinance. They also agreed to eliminate the need for a name and address on each hive.
Richard Hansen, local beekeeper, noted that he builds a fence around his beehive to keep his bees safe. Danny Washburn noted that he has had bees in the valley since the 1980’s and has never had a problem with mosquito spray. He also asked who is going to enforce the ordinance and why the town feels they need to be involved. Mayor Christensen replied that the town did not intend on adopting a beekeeping ordinance until there were concerns from neighbors not receiving mosquito abatement services. He added that the mosquito concerns introduced the idea of adopting the beekeeping ordinance. John Chartier, Planning Commission Chairman, explained that the situation is not easy and that the Town Council and Planning Commission are empathetic to both sides of the issue. He noted that while we have responsible beekeepers in town at the current time, that may not always be the case. He added that the ordinance serves as a necessary tool for the town in the case that there are problems with beekeeping in the future.
Jeraldine Grundy: Mrs. Grundy explained that her husband, Wayne, is severely allergic to bees. She added that he must carry an epi pen and is not able to go outside of his house due to the number of bees. She added that she feels the beehives are infringing on her rights because she is not receiving the mosquito abatement services and there are many bees around her home, which poses a health concern to her husband.
Jim Leavitt asked about section 6-718, and if the new frames are removeable. It was noted that they are.
Mayor Christensen concluded the public hearing by thanking those in attendance and stating that the goal of the Town Council is to make sure that everyone is treated fairly and honestly. The public hearing concluded at 8:05 p.m.
TOWN COUNCIL MEETING 8:05 P.M.
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1. ROLL CALL. Roll call was answered by Mayor Christensen. In attendance were Councilmembers Ken Blackburn, Hayven Dunn, Jill Anderson and Jay Dee Nielson. Tina Mitchell, Clerk, and Maintenance Supervisor, Dusty Wilkinson, were also in attendance.
2. OPENING REMARKS. Councilmember Dunn offered a prayer.
3. PLEDGE OF ALLEGIANCE. Councilmember Nielson led the group in the Pledge of Allegiance.
4. APPOINTMENT/ROBERT BLACKBURN, ANIMAL CONTROL ORDINANCE SUGGESTIONS. Mr. Robert Blackburn was in attendance to discuss a concern he has regarding his neighbor’s dog. Mr. Blackburn explained that he has never seen the dog off the leash and is concerned that it is inhumane. He then distributed pictures of the dog to the Town Council. He noted that it is tied up and out in the cold in the winter as well. He asked that the Town Council consider an ordinance that does not allow a resident to tie up their dog for more than 10 hours in a 24-hour period. He added that Salt Lake County has adopted a similar ordinance. Mayor Christensen explained that Annabella Town follows the Sevier County Animal Control Ordinance. Tina Mitchell noted that she had contacted animal control regarding the issue, but they are unable to monitor the dog 24 hours a day to confirm that the dog is tied up that long. John Chartier added that he agrees with Mr. Blackburn’s point of view and that it should not happen, but also that it is difficult to control and to prove. Councilmember Dunn noted that the barking could be a problem associated with the dog being tied up all the time. Tina Mitchell was asked to write a letter to the neighbors to address the concerns discussed.
5. APPROVAL OF MINUTES. The minutes from the July Town
Council meeting were presented for approval. Councilmember Nielson made a motion to approve the minutes. Councilmember Dunn seconded the motion and the motion carried unanimously.
6. APPROVAL OF WARRANT REGISTER. The warrant register was presented for approval. Councilmember Nielson made a motion to approve the warrant register as presented. The motion was seconded by Councilmember Anderson and the motion carried unanimously.
7. MOTION TO ADOPT PROPOSED SECTION ON BEEKEEPING TO THE LAND USE ORDINANCE. The proposed ordinance on beekeeping, including changes discussed during the public hearing, was presented for adoption. Mayor Christensen asked for votes on adopting the ordinance. Councilmember Neilson made a motion to adopt the proposed section on beekeeping to the Land Use Ordinance, as discussed during the public hearing. Councilmember Anderson seconded the motion.
Votes are as follows:
In Favor: Councilmember Nielson
Councilmember Anderson
Councilmember Blackburn
Against: Councilmember Hayven Dunn
Mayor Christensen stated that the motion carried with three Town Council members voting in favor.
8. DEPARTMENT BUSINESS.
Carol Harrison was in attendance to discuss a concern she has regarding many inoperable vehicles on the property next to her. Tina Mitchell explained that the Planning Commission is aware of the issue and Charles Billingsly, Property Maintenance Code Enforcer, has been notified. She also noted that Mr. Billingsly will be contacting Rick Keele, Dawn Palermo and Bob Sharp regarding violations. Mrs. Harrison also thanked the Town Council for keeping the cemetery so nice.
Jill Anderson thanked the Town Council for their help on the 4th of July. She reported that there was a good turnout and that the softball game went well.
Dusty Wilkinson reported that the new water line along 1st South from Main Street to 1st West will be replaced in the upcoming weeks. He also reported that the pumping figures are similar to what they were last year during the same reading.
Bill Lee asked the Town Council if they would like him to report on water restriction violations for another month. The Town Council replied that they would and thanked him for his service.
9. ADJOURN. At 7:54 p.m. Councilmember Anderson made a motion that the meeting adjourn. Councilmember Nielson seconded the motion and the motion carried unanimously.
Minutes of the Town Council meeting held Thursday, July 13, 2017 were approved this 10th day of August 2017
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Brent Christensen, Mayor Tina Mitchell, Town Clerk