Watertown Board of Health

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Watertown Board of Health
Meeting Minutes
515 South First Street
May 15, 2014 - 5:30pm
Members Present: Ann Nienow, Andrea Turke, John Coughlin, Steve Zgonc, Dr. Donene Rowe and Carol
Quest.
Others in Attendance: Jaynellen Holloway, William Gruber, Christopher Lawler, Eleesha Fisher, John David,
Michael Wenninger, and Kim Hiller. Attendance sign in sheet (Exhibit A)
1. Call to Order
Dr. Rowe called the meeting to order at 5:30 p.m.
2. Reorganize Board
Motion made by Ann Nienow to nominate Steve Zgonc to be Chair of the Watertown Board of Health,
seconded by Andrea Turke.
Unanimously passed.
Motion made by Ann Nienow to nominate Andrea Turke to be Vice Chair of the Watertown Board of Health,
seconded by John Coughlin.
Unanimously passed.
3. Approval of Minutes and Financial Report
Motion was made by John Coughlin and seconded by Andrea Turke to approve the minutes from February 13,
2014 as submitted.
Unanimously approved.
Carol reviewed the financial reports with the board. It was explained that the salary and training accounts
may go over due to the salary reviews and new staff training.
Motion was made by Dr. Rowe and seconded by Ann Nienow to approve the financial report as submitted.
Unanimously passed.
4. Animal permit appeal – Christopher Lawler, 805 Wisconsin Street
Christopher Lawler has requested an appeal for his denied animal permit. He is appealing for educational
purposes as allowed in Ordinance 10.10 and a small reptile business. Carol Quest, Health Officer, has denied
the animal permit and exemption based on Chapter 10 of the City of Watertown ordinances as a
Human/Environmental Health Hazard.
Mr. Lawler explained to the board that he uses his reptiles in an education capacity with the Watertown
Unified School District, Madison Area Technical College – Watertown Campus, UW Madison Veterinary School
concerning basic handling and other reptile topics. Letters of support were presented from Jonathon Ganske,
WUSD (exhibit # 1); Michael Wenninger, DVM, from Spartan Animal Hospital (Exhibit #2); and Ryan
McVeigh, Madison Area Herpetological Society (Exhibit #3). Photos were also supplied by Mr. Lawler for the
board to review (exhibit #5).
Watertown Board of Health
Meeting Minutes
May 15, 2014
Page 2
Animal permit appeal – Christopher Lawler – 805 Wisconsin Street - continued
He further explained that only the people in direct contact in the house would be at risk for health hazards.
City of Watertown trash receptacle is adequate for disposal of animal waste and bedding, if there is additional
need the waste is taken to Badger Disposal in Columbus.
Other items discussed by Mr. Lawler were:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Feeder rats/mice are breed at their residence.
The education that he provides brings additional income into the City.
No odor from the house.
The house has window blinds so only people they know are aware of the animals.
Their neighbors are aware of their appeal. A signed note of support was presented to the Board. (Exhibit
#4). There are 12 signatures.
An abstract was provided detailing animal assisted support for children with emotional disturbance.
(Exhibit #6)
A detailed report on care of the animals, including feeding schedule.
The business is being run strictly on-line and occasionally through expos. There are no customers coming
to the house. The business is run through shipments using FedEx or UPS.
There is a business partner located in Dunn Township, WI.
Eleesha Fisher, a resident of the property, noted that all of their animals are pets first, and then used for
breeding.
The baby snakes produced are held for three meals and then sent off to Dunn, WI where they are held as
future breeding animals or sold.
Mr. Lawler noted that no animals are left outside the house for shipping. The animals are boxed per
specification of the shipping company and then driven to the HUB in Madison where they are shipped. All
shipping is overnight/next day.
Carol Quest, Health Officer was asked to review her findings of the property and how she came to the denial
of the animal permit and exemption request.
Ms. Quest explained that the initial dispatch to 805 Wisconsin Street was conducted by Watertown Police
Officer Kind for health and safety concerns on March 29th, 2014. The report of this initial contact the officer
documented a strong odor coming from the house, several animal cages and furniture on the front lawn and a
significant accumulation of waste inside of the house that appeared to be there for some time. The officer
also observed a significant number of animals in the house include: snakes, geckos, rats, mice and dogs. The
officer instructed Mr. Lawler and Ms. Fisher to clean the house
A joint house assessment was completed with Watertown Police Officer Doug Teuteberg, Building Inspector
Doug Zwieg and Health Officer Carol Quest after receiving the police report on the health and safety concerns
at the residence. The debris on the exterior of the house was still present including animal cages with animal
waste in the front yard. The interior of the house appeared to be cleaner than that observed during the initial
contact but did have a strong odor of animal waste. An inventory of the animals was documented. The
procedure to discard waste and store animal feed was reviewed.
It was determined due of the nature of the original call, the condition of the property, and the number of
animals that it did constitute a Human/Environmental Health Hazard according to the local and state statutes.
The abatement order was issued at this time.
City Attorney Will Gruber advised the board members to review the given information to determine the next
step in the process.
It was asked why the nine foot snake would be denied for educational purposes. Ms. Quest explained that City
of Watertown ordinance does not allow an exception for the length of snake. Ordinance 10.10 “The Keeping of
Domestic Animals” allows snakes six feet of length or less.
Watertown Board of Health
Meeting Minutes
May 15, 2014
Page 3
Further items noted and discussed:
1. Mr. Lawler responded that he is trying to work with everyone and that he has had the fire inspector,
building inspector, and cooperated with the City.
2. Mr. Lawler disputed the odor in the house.
3. He noted that the Fire Inspector claimed that they take immaculate care of their animals.
4. Mr. Lawler noted that the heat has thermostat controlled environment with 10 amp breakers that are
attached to a power strip for protection.
5. The health risk, according to the letter from Dr. Michael Wenninger DVM, there is no public health risk
except to the residents of the house and individuals that handle the animals. Exhibit #2
6. Ms. Fisher disputed that their business was taking up more space than what is allowed by the City Building
Code. She noted that code states that the business cannot take up more than 30% of the house. Mr.
Lawler & Ms. Fisher state that they took measurements and that the business is only taking up 7.5% of
the house.
7. There was a discussion of transmittal of disease from reptile to human. Mr. Lawler stated that they have
hand sanitizer by the reptiles and everyone, including the children, know they need to use it, even going
from one animal to another.
8. All cleaning is done by Mr. Lawler and Ms. Fisher.
9. Fire/Electrical safety and the use of extension cords were discussed. Mr. Lawler noted that the Fire
Inspector did not find an issue when he went through the house.
10. Jaynellen Holloway was in attendance representing the Building, Safety & Zoning Department. She
explained that a letter was sent to Mr. Lawler in regards to the Housing Code violations. She noted that
part of this letter explained that a permitted house occupation is restricted to a “service oriented business
prohibiting the mass production of items or products or the sales of items or products on the premises.”
She noted that Mr. Lawler is a breeder and this doesn’t fall into a service oriented business. Mr. Lawler
stated that he feels that they do fall under the service oriented business because they do educational
programs and go to shows to do sales of the animals. He also stated that he feels that his business falls
into the animal housing facility section of the code.
11. City Attorney Will Gruber asked Mr. Lawler if he was filing tax returns for the business. Mr. Lawler stated
that taxes had not been filed as this year was the first year they were required to file. It was also asked if
he pays personal property taxes. Mr. Lawler responded no because he rents the property.
12. Mr. Lawler explained that his primary income is paper service processing business that is operated out of
his house.
13. Mr. Lawler also explained that reptiles only breed from November to March and is not a main income
source.
14. Dr. Mike joined the meeting late. He explained that he is a veterinarian and that he has knowledge of
animal to human health risks and is responsible for educating pet owners on the health risks. He
reviewed information on various illnesses that could pass from reptiles to humans.
Watertown Board of Health
Meeting Minutes
May 15, 2014
Page 4
15. Mr. Lawler & Ms. Fisher stated that the pictures presented to the board represent Mr. Lawler’s ex-wife’s
belongings that were cluttering up the house & property.
16. The question was posed about the 79 rats and mice that are on site and potential health hazard from
these animals. Mr. Wenninger noted that the risk would be to the people handling the rodents.
17. There are snakes that are gravid and in the middle of breeding season and moving animals at this time
could be unsafe for the animals. If they move the animals they could retain eggs which would cost them
a lot of money. Mr. Lawler stated that it would not be safe to move several of the snakes for 60-65 days.
18. Mr. Lawler disputed the abatement order removal of all of the reptiles as they are allowed to keep a total
of ten animals in the house per ordinance. This would include the three dogs and one cat. He stated he
understood that the nine foot snake was not included. He will identify the ten animals that they will be
keeping at the residence at a later date.
Chairperson Zgonc closed the open discussion.
Board deliberation was started. The letters sent to Mr. Lawler from the Health Officer, Building Safety &
Zoning, and the landlord’s attorney were reviewed by the board members. City Attorney Gruber explained
that the board is responsible to either reverse, affirm or modifying the health officer’s decision.
A motion was made by John Coughlin and seconded by Dr. Rowe to affirm and uphold the decision by the
Health Officer to deny the animal permit appeal.
Unanimously passed.
A motion was made by Steve Zgonc and seconded by Andrea Turke to give Ms. Quest the discretion to extend
the date of the implementation of the abate orders.
Unanimously passed.
Ms. Quest will contact Mr. Lawler on Monday to set up a meeting to discuss the plan to move the animals.
5. Accreditation
The department had their 140 review two weeks ago. Andrea Turke & John David were present for the
meeting.
The 140 review was successful and the department will remain at a Level II.
It took many hours to prepare for the meeting and Watertown was the first department reviewed since the
pilots were completed.
The State would like to come out and present the board with the certification at the next Board of Health
meeting in August.
The accreditation process will start again in Fall. Cost for this is $25,000 and could be spread out over five
years.
Watertown Board of Health
Meeting Minutes
May 15, 2014
Page 5
6. Emergency Preparedness
Dodge & Jefferson county emergency government and health departments along with the Watertown
Department of Public Health worked together to provide child care emergency preparedness training. Two
trainings were held, one in Juneau and one in Fort Atkinson. There were over 200 participants.
There was a table top exercise held in the Watertown EOC on April 30th. The Fire Chief was the facilitator for
the event. It was a Public Health, emergency government and hospital exercise.
The Health Department is currently working with Dodge County on a fatality management plan.
The Emergency Preparedness contract will be complete as of June 30th. We have met all of the deliverables.
Next year’s contract will concentrate on community recoveries, fatality management and mass care.
Alex Lichtenstein, Public Health Emergency Preparedness Coordinator, will be leaving at the end of the month.
A plan is under development to cover the emergency preparedness responsibilities.
7. Environmental Health
New environmental health staff, Jeff Larkin and Ted Tuchalski have started, both are participating in required
training. They have completed food inspections, school inspections, tattoos, pool inspection and human
health hazard training. Lodging training and pool certification will also be completed. Jeff has attended
Hazard Analysis and Critical Control Point (HACCP) training and will also be doing lead risk assessor,
abatement supervisor, sampling and hazard investigation.
Holly is finishing up water sampling for transient non-community well facilities in Jefferson County and Dodge
County sampling will be completed in fall.
Temporary food events have begun and staff will be inspecting throughout the summer. The second round
of school inspections have been completed.
There has been an increase in human health hazard complaints.
License renewals were sent out last week.
A Wisconsin Area Health Education Center (AHEC) intern will be helping out in the environmental department
this summer.
Watertown Clean Sweep event will take place this Saturday at the Street Department.
The two new vehicles were received yesterday.
8. Health Officer
A Public Health Nurse has completed car seat technician training. The Department was awarded a grant from
the Wisconsin Department of Transportation to purchase car seats. We have purchased 16 car seats.
Civil rights compliance plan work has been started.
Seal A Smile is on its second round in the schools. Program participation statistics were provided to the Board
members. It was noted by Ann Nienow that she had heard good comments about this
program. A grant will be written for the 2014-2015 year. The next visits to the schools will be in the fall.
HIPPA security review will be next week.
Watertown Board of Health
Meeting Minutes
May 15, 2014
Page 6
Health Officer Report – continued
Carol is still participating with the Jefferson & Dodge county child death review and safety coalitions.
Carol is coordinating a leadership team to develop the community health improvement plan. This is the next
step to follow up the community health assessment.
Get Healthy Watertown is doing a wonderful job in community health improving.
Carol, Elizabeth and the assistant director at Jefferson County are meeting with area hospital OB services to
educate area hospitals in our services and encourage them to provide referrals to the Department early in a
woman’s pregnancy.
Copies of the 2013 Annual Report were shared with the board members. The Watertown Daily Times will also
be running an article on the department as well.
9. Old Business
None.
10. New business
None.
The next Board of Health meeting will be set for August 28, 2014 at 5:30 p.m.
Motion was made and seconded to adjourn. Motion carried.
Respectfully Submitted,
Carol Quest
Director/Health Officer
Note:
The minutes are uncorrected. Any correction made thereto will be noted in the minutes of the proceedings at which these
minutes are approved.
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