Administrative Appeals Review Board

City of West Allis Meeting Minutes Administrative Appeals Review Board Thursday, January 11, 2018 4:00 PM City Hall, Room 128 7525 W. Greenfield Ave. REGULAR MEETING A. CALL TO ORDER The meeting was called to order by Chair Devine at 4:00 p.m. B. ROLL CALL Present 2- Mayor Dan Devine, and Wayne Clark Others present: Monica Schultz, City Clerk, Mr. Don Meyers, Ms. Lisa Meyers, Mr. Dino Dakouras, Ms. Anne Dakouras, Ms. Nancy Murray, Ms. Cathy Brandemuehl, Ms. Kim Sorgent, Ms. Savannah Doweiko, Ms. Jean Lemke, and Ms. Michelle Immekus C. APPROVAL OF MINUTES 1. 17-00289 Approval of Meeting Minutes - October 30, 2017 A motion was made by Ald. Czaplewski, seconded by Mr. Clark, that this matter be Approved. The motion carried unanimously. D. NEW AND PREVIOUS MATTERS 3. 17-00327 Dangerous Dog Order for Appeal by Lisa and Don Meyers of 1341 S. 89th St. City Clerk Schultz announced the case, all witnesses providing testimony were sworn in. The West Allis Health Department presented the City's case regarding quarantine and the rabies vaccination. The appellants, Lisa and Don Meyers, presented their case and described the incident. They stated there was a violent argument that scared the dog. The dog is a neighborhood dog and is 8 years old. The dog is walked on a daily basis and hasn't had any issues. Mr. Clark commented on the dog's defensive behavior, stated the dog was allegedly provoked, and recommended the yard is secured and the dog is not outside by himself. This matter was Held City of West Allis Page 1 Printed on 10/27/2021 Administrative Appeals Review Board Meeting Minutes January 11, 2018 2. 17-00318 Dangerous Dog Order for Appeal by Anne Dakouras of 1984 S. 76th St. City Clerk Schultz announced the case, all witnesses providing testimony were sworn in. The West Allis Health Department presented the City's case regarding quarantine and the rabies vaccination. Dino presented the case and described the incident on behalf of the appellant, Anne Dakouras. He stated dog gets along with everyone. The effected individual, Nancy Murray responded that both dogs were leashed. The appellant's dog allegedly bit her and broke skin, dog could not be controlled and rabies were not up to date for over 10 years. Discussion ensued. Ald. Czaplewski questioned why the dog wasn't pulled back. Chairperson Devine stated the Appellant's dog should be put on a shorter leash. Mr. Clark asked if Ms. Murray incurred any costs. Ms. Murray stated she did not incur costs and just went to work injured. Mr. Dakouras stated he has more control over the dog now as the yard is secured, the dog is tied to a pole and there has never been problems before. A motion was made by Ald. Czaplewski, seconded by Mr. Clark, to rescind the Dangerous Dog Order for Chip and to keep the changes that have been made and to keep the dog under control. The motion carried by the following vote, and Ms. Schultz will mail the Board's determination to the appellant. Aye: 3- Mayor Devine, Czaplewski, and Clark No: 0 City of West Allis Page 2 Printed on 10/27/2021 Administrative Appeals Review Board Meeting Minutes January 11, 2018 4. 17-00365 Dangerous Dog Order for Appeal by Cathy Brandemuehl of 10505 W. Euclid Ave. City Clerk Schultz announced the case, all witnesses providing testimony were sworn in. The West Allis Health Department presented the City's case regarding quarantine and the rabies vaccination. The appellant, Cathy Brandemuehl, presented her case and described the incident. She stated she was informed there was no bite by the three officers that were there. The effected individual, Kim Sorgent responded she was walking her dog on a leash when the incident occurred. Her dog was barking and was in a vicious attack mode. She started screaming because dog was allegedly biting and growling. She stated she is handicapped and was yelling for her neighbor to call the police. Ms. Sorgent took dog to Pahle where a $72.61 veterinarian bill was incurred. She stated her dog is traumatized and addressed her concerns regarding other incidents and the safety of her dog. Discussion ensued. Ms. Brandemuehl agreed to reimburse for the veterinarian bill. Ald. Czaplewski commented dog is aggressive and there is no control of the dog. Mr. Clark stated the Appellant's dog meets the definition of a Dangerous Dog. Ms. Brandemuehl stated she cannot fence in yard. A motion was made by Mr. Clark, seconded by Ald. Czaplewski, to uphold the Dangerous Dog Ordered for Rebel, with the following requirements: registration; leash; and confinement. If there are not other incidents for a period of one year following the Board's decision, the Dangerous Dog designation may be lifted upon receiving a request from the pet's owner. The motion carried by the following vote, and Ms. Schultz will mail the Board's determination to the appellant. Aye: 3- Mayor Devine, Czaplewski, and Clark No: 0 City of West Allis Page 3 Printed on 10/27/2021 Administrative Appeals Review Board Meeting Minutes January 11, 2018 5. 18-00001 Dangerous Dog Order for Appeal by Savannah Doweiko of 9414 W. Hayes Ave. City Clerk Schultz announced the case, all witnesses providing testimony were sworn in. The West Allis Health Department presented the City's case regarding quarantine and the rabies vaccination. The appellant, Savannah Doweiko, presented her case and described the incident. She stated her dog, Ginger, likes to be outside and not on a leash and doesn't know what happened when the dog escaped. Ginger has lived with puppies and babies before with no incident. Ms. Doweiko stated there were scabs on Ginger. The effected individual, Jean Lemke responded she was walking her dog on a leash when the incident occurred. Ms. Lemke stated she saw a loose dog running in her direction and she froze. The other dog (Ginger) viciously attacked her dog and she thought her dog was dead. Ms. Lemke stated Charles Krombach was a witness to the incident. Ms. Lemke submitted photos and veterinarian bills totaling $2418.72 due to a 3 day hospital stay and 4 office visits. Mr. Krombach made a statement that he believed the other dog was the aggressor with no provocation. Mr. Krombach also stated Ms. Doweiko has no money as she is a student and should be taken to court. Mr. Krombach also stated he was afraid to walk in the neighborhood with his 4 granddaughters as Ms. Doweiko has no control of her dog and shows no remorse or responsibility for dogs actions. Discussion ensued. Ms. Doweiko has only owned Ginger for a couple of months. Ald. Czaplewski commented dog had no collar or leash and is dangerous. A motion was made by Ald. Czaplewski, seconded by Mr. Clark, to uphold the Dangerous Dog order for Ginger. The motion carried by the following vote, and Ms. Schultz will mail the Board's determination to the appellant. Aye: 3- Mayor Devine, Czaplewski, and Clark No: 0 City of West Allis Page 4 Printed on 10/27/2021 Administrative Appeals Review Board Meeting Minutes January 11, 2018 6. 17-00313 Dangerous Dog Order for Appeal by Michelle Immekus of 2116 S. 61st St. City Clerk Schultz announced the case, all witnesses providing testimony were sworn in. The West Allis Health Department presented the City's case regarding quarantine and the rabies vaccination. The appellant, Michelle Immekus, presented her case and described the incident. Ms. Immekus stated she did not see the screen door wasn't latched and this was the first incident. Discussion ensued. Mr. Clark asked if there was hospitalization and other questions regarding the bite and if there was a puncture wound on foot. A motion was made by Mr. Clark, seconded by Ald. Czaplewski, to rescind the Dangerous Dog Order for Apple. The motion carried by the following vote, and Ms. Schultz will mail the Board's determination to the appellant. Aye: 3- Mayor Devine, Czaplewski, and Clark No: 0 7. 18-00002 Request for hearing on Appeal of Dangerous Dog Order submitted by Carlos Rodriguez of 9828 W. Becher St. A motion was made by Mayor Devine, seconded by Mr. Clark, that this matter was Approved. The motion carried by the following vote: Aye: 3- Mayor Devine, Czaplewski, and Clark No: 0 E. ADJOURNMENT The meeting adjourned at 5:34 p.m. City of West Allis Page 5 Printed on 10/27/2021 Administrative Appeals Review Board Meeting Minutes January 11, 2018 All meetings of the {bdName} are public meetings. In order for the general public to make comments at the committee meetings, the individual(s) must be scheduled (as an appearance) with the chair of the committee or the appropriate staff contact; otherwise, the meeting of the committee is a working session for the committee itself, and discussion by those in attendance is limited to committee members, the mayor, other alderpersons, staff and others that may be a party to the matter being discussed. NON-DISCRIMINATION STATEMENT The City of West Allis does not discriminate against individuals on the basis of race, color, religion, age, marital or veterans' status, sex, national origin, disability or any other legally protected status in the admission or access to, or treatment or employment in, its services, programs or activities. AMERICANS WITH DISABILITIES ACT NOTICE Upon reasonable notice the City will furnish appropriate auxiliary aids and services when necessary to afford individuals with disabilities an equal opportunity to participate in and to enjoy the benefits of a service, program or activity provided by the City. LIMITED ENGLISH PROFICIENCY STATEMENT It is the policy of the City of West Allis to provide language access services to populations of persons with Limited English Proficiency (LEP) who are eligible to be served or likely to be directly affected by our programs. Such services will be focused on providing meaningful access to our programs, services and/or benefits. City of West Allis Page 6 Printed on 10/27/2021