Board of Health
Regular MeetingMiddletown, CT · September 13, 2022
Minutes
City of Middletown
Kevin Elak,
Director of Health
Department of Health
245 deKoven Drive
Middletown, CT 06457
TEL: (860) 638-4960 FAX: (860) 638-1960
TDDL: (860) 344-3521
Middletown Board of Health
Minutes from September 13, 2022 Meeting
Present: Patricia DiStefano, Yvonne Joy, Reverend Robyn Anderson, Stan Opalacz, Anthony
Mangiafico, Kevin Elak, Jennifer Sparks
Absent: Linda Salafia
Call To Order:
Meeting was called to order at 6:04 PM by Patricia DiStefano.
Approval of Minutes:
Minutes for June 14, 2022. Motion by Yvonne Joy 2nd by Stan Opalacz. Minutes approved.
Minutes for August 23, 2022 Special Meeting. Motion by Patricia DiStefano 2nd by Stan Opalacz
and Yvonne Joy must abstain because she was not present. Motion Passes.
Public Hearing for Agenda Items:
Nate Austin, the president of the Cranberry Lane association, spoke on behalf of his
neighborhood. He stated there is a disruptive rooster in the neighborhood and does not believe
that this should be permitted in residential developments.
Directors Report:
Director of Health
o Kevin Elak discussed the Covid-19, flu, pneumonia and shingles vaccine clinics that are being
scheduled. He also discussed the new bivalent vaccines that are being offered and their
availability. Kevin stated the Middletown Health Department is working with the CT
Department of Public Health on continuing a grant, it expires in November, to allow us to
continue receiving funding for testing contact tracing and hiring community health care
workers. The federal government will no longer have funding to pay for free Covid19
testing, and vaccines.
Division Report
o Jennifer Sparks provided an update on environmental health, housing, health education
and emergency preparedness activities.
Old Business: None
New Business: The discussion of changing the Middletown animal ordinance;
Kevin provided the board of health with some background information on the Chapter 107 Animal
ordinance, specifically, 107-1 poultry and other birds, cattle, horses, swine, goat and sheep. He stated
the health department receives a number of complaints that fall under this ordinance and may have
received an increase in the number of complaints about livestock in the last couple of years. A frequent
complaint the health department receives but cannot enforce is the complaint of roosters being on
residential properties in Middletown. These roosters can be very loud and disturbing to nearby
neighbors and some would like to see the Middletown animal ordinance change to address this. Kevin
explained he would like to make some changes to the animal ordinance such as eliminating some of the
property line separation distances mentioned in the ordinance and proposing that a 3 acre minimum will
be required to allow for a rooster. Motion to approve these changes Yvonne Joy 2nd by Robyn Anderson.
Motion Passes. Ordinance Changes will move to the General Counsel Commission.
Other: None
Adjournment:
Motion to adjourn by Yvonne Joy. 2nd by Patricia DiStefano Motion Carried. Meeting adjourned
at 6:46 PM.
Respectfully Submitted:
Jennifer Sparks R.S.
Acting Public Health Manager
Agenda
Kevin Elak, MPH City of Middletown
Director of Health Department of Health
245 deKoven Drive
Middletown, CT 06457
TEL: (860) 638-4960 FAX: (860) 638-1960
TDDL: (860) 344-3521
MIDDLETOWN BOARD OF HEALTH
LEGAL NOTICE
The Middletown Board of Health will hold its regularly scheduled meeting on
Tuesday, September 13, 2022 at 6 p.m. on Webex and in Room 208 of the Middletown Municipal
Building
Dated in Middletown, Connecticut this 6th day of September, 2022.
Kevin Elak, MPH
Director of Health
Agenda Attached
The Municipal Building is Wheelchair Accessible.
*If you require special accommodations for any meeting, please call the ADA coordinator at (860) 344-
3491, (voice) or (860) 344-3521 (TDD/TTY), or the Town Clerks Office at (860) 638-4910 at least ten (10)
days prior to the scheduled meeting.
KEVIN ELAK, MPH City of Middletown
Director of Health Department of Health
245 deKoven Drive
Middletown, CT 06457
TEL: (860) 638-4960 FAX: (860) 638-1960
TDDL: (860) 344-3521
Board of Health
Regular Meeting, September 13, 2022, 6:00 PM
Hybrid Meeting on Webex and in Room 208 of City Hall
AGENDA
1. CALL TO ORDER
2. APPROVAL OF MINUTES
a. June 14, 2022
b. August 23, 2022
3. PUBLIC HEARING ON AGENDA ITEMS ONLY
4. DEPARTMENT REPORTS
a. Director Report – Kevin Elak
b. Division Report – Jennifer Sparks
5. OLD BUSINESS
6. NEW BUSINESS
a. Draft revisions to Middletown Code of Ordinances, Chapter 107: Animals
7. OTHER
8. ADJOURNMENT
**Virtual attendance option available for attendees**
Event link:
https://middletownct.webex.com/middletownct/j.php?MTID=m472efc4e166b781010063625537dac34
Event Password: Middletown (64335386 from phones)
Join by phone: 1-408-418-9388 Webinar number: 2339 850 8718
ORDINANCE NO.
ORDINANCE
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF
MIDDLETOWN: that Chapter 107, Article I and II, Sections 107-1 through 107-5 of the
Middletown Code of Ordinances state as follows:
CHAPTER 107. ANIMALS
ARTICLE 1
Keeping of Certain Animals Restricted
§ 107-1. Definitions
As used in this article, the following terms shall have the meanings indicated: Formatted: Font: (Default) Times New Roman, 12 pt
LIVESTOCK Formatted: Font: (Default) Times New Roman, 12 pt
The term “livestock” shall be defined as it is in CGS §22-278, as amended
Formatted: Indent: First line: 0.31"
POULTRY Formatted: Indent: Left: 0.5", First line: 0.5"
Formatted: Indent: First line: 0.31", Adjust space
The term “poultry” shall be defined as it is in CGS §22-326(s)(5), as amended
between Latin and Asian text, Adjust space between
Asian text and numbers
§ 107-21. L i v e s t o c k a n d Poultry and other birds, cattle, horses, swine, goats Formatted: Font: (Default) Times New Roman, 12 pt
and sheep. [Amended 3-7-2011 by Ord. No. 3-11] Formatted: Indent: Left: 0.5", First line: 0.5"
The keeping of livestock and poultry in the City of Middletown shall remain consistent Formatted: Indent: Left: 0"
with the Federal Right to Farm Act and Federal Farm Bill as well as any federal and/or
state regulations pertaining to farming, agriculture and the Connecticut Public Health
Code. Furthermore, existing and future registered farms meeting the criteria above are
exempt from this section.
In all other applications, the keeping of livestock and poultry that and other species of
birds, cattle, horses, goats, sheep or any other animal that, in the opinion of the Director
of Health, based on state health regulations and codes, may create a nuisance or public
health hazard is prohibited. unless the following requirements and separating distances Formatted: Font: 12 pt, Not Bold
are kept. The Director of Health for good cause, including, but not limited to, past use of
the property, physical configuration of the property or environmental and/or public
health impact, may grant authorization to a person(s) requesting an exception:
A. No livestock shall be kept within 25 feet of a property line. Formatted: Left, Indent: Left: 0.56", No bullets or
numbering
B.A. No livestock or poultry shall be kept within 75 feet of any private water supply
well or body of water that is used for any other purpose or flows into another
body of water.
C.B. The storage of manure shall be kept 75 feet from a private potable well water
supply or body of water to protect the City watersheds. Manure must be
maintained/ removed on a weekly basis in order to break up the reproductive
cycle of flies and mosquitoes.
D.C. Manure shall be kept in accordance with Section 19-13-B21 of the State of
Connecticut Public Health Code, which provides as follows: "In populous
districts manure shall be kept in a covered water-tight pit or chamber and shall
be removed at least once a week during the period from May first to October
first and during the other months at intervals sufficiently frequent to maintain a
sanitary condition satisfactory to the Director of Health. Manure on farms or
isolated premises other than dairy farms need not be so protected and
removed unless ordered by the director of health."
E.D. No livestock or poultry shall be kept within a minimum of 100 feet from a
neighboring, livable structure.
F.E. A secured fence of appropriate size shall completely surround any area(s) used
by the livestock or poultry.
G.F. A minimum of one acre is needed for the keeping of one horse or cattle.
An additional 1/2 acre is required for each additional horse or cattle:
G. No livestock or poultry shall be kept or maintained within 10 feet of any public
road.
H. Roosters are not permitted on property with less than 3 acres. Formatted: Font: (Default) Times New Roman, 12 pt
I.H. Residents requesting an exception shallwill be required to notify adjacent Formatted: Font: (Default) Times New Roman, 12 pt
property owners via certified mail and posting signage on the property at Formatted: Left, Right: 0", Space Before: 8.2 pt, Line
locations adjacent to all public streets abutting the property. spacing: single
J.I. The keeping of swine shall be consistent with regulations set forth in the
Public Health Code of the State of Connecticut Section 19-13-B23(a).
ARTICLE II
Removal of Dog Litter
§ 107-32. Duty of dog owner.
It shall be the duty of each dog owner or person having possession, custody or control of
a dog to remove any feces left by his dog on any public or private property.
§ 107-43. Exception for guide dogs.
The provisions of this article shall not apply to a guide dog accompanying any blind
person.
§ 107-54. Penalties for offenses.
Any violation of this article shall be punishable by a fine of $25.
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