Wellman council upholds mayor’s order to destroy or remove dog

by Mary Coblentz
The main order of business for the Wellman Council Monday was an appeal hearing regarding Mayor Ryan Miller’s order to have a dog destroyed or permanently removed from the city.
The dog’s owner, Deb Hall, listened to the hearing and participated in it via speakerphone. City Attorney Dan Kitchen and Hall’s attorney, Dennis Mitchell, conducted the hearing. Council members Doug Powell and Steve Slaubaugh were absent.
The dog, whose name is Survivor, is a Great Dane, weighing approximately 150 pounds, and is a service animal for Hall who purchased him when he was four months old and took him to seizure training. Survivor helps Hall detect seizures, remember to take her medicine, and helps her with mobility issues.
Two people addressed the council regarding incidents with Survivor.
Jesse Gingerich, Wellman city employee, related an incident that happened in August in which Survivor lunged at him and had his “upper left arm in its grasp.”
Gingerich stated that he was at Hall’s residence “working some bugs out” of the gas meter set with Rory White, another city employee. He put his tools away, preparing to leave. White and Gingerich both petted Survivor. When Gingerich then bent down to pick up his tool box, that’s when the dog lunged, Gingerich stated.
Gingerich made a formal complaint the following day. There was no broken skin, but there was bruising. Gingerich said he was not aggressive toward Hall or Survivor.
The second incident occurred January 9. Sharrie Groff told the council that she was returning a CD to Hall and was in Hall’s driveway speaking to David Brown who was shoveling snow from Hall’s driveway. Groff stated that Survivor came at her “lunging and growling,” knocking her down and biting her right shoulder. Brown pulled the dog off Groff.
Groff stated she made no aggressive moves toward Brown. Groff was transported by ambulance to the University of Iowa Hospitals with an injury “comparable to whiplash,” bruised forehead and cheek, and a “fat lip.”
The bite was measured to be 9 centimeters.
The Washington County deputy who responded to the Groff incident, Robyn Hoppman, also addressed the council. Hoppman’s main concern with Hall was her “unwillingness to accept responsibility for her dog.”
Two people spoke in support of Hall. Lisa Greiner has worked with Hall “off and on for two years” and has never witnessed any problem with Survivor.
Brown also supported Hall, stating that Greiner was “screaming and waiving her arms around before (Survivor) ever got near her.” Brown further said, “If I was a dog, I’d have attacked her, too.”
Hall told the council that moving would be a financial hardship for her. She also stated that she is not allowed to live alone without a service animal and may have to return to assisted living. She also said it would take 18 months to four years to get another service animal.
Mayor Miller signed the order for the dog to be destroyed or removed January 11, and the order was appealed by Hall.

If I was a dog, I’d have attacked her, too.

Mayor Miller said, “I understand it’s a difficult position, (but) we’re here to protect the citizens.”
Hall stated she was willing to put up a six-foot fence, allow her dog to be only in the back yard, and has already provided a more secure fastening system for Survivor. She stated that her dog is not vicious.
A local church Hall attends agreed to help her install the fence if needed. Hall also agreed to a “zero tolerance policy” if her dog was not restrained in the back yard.
Council member Matt Latcham noted that a courtesy letter from the city was sent to Hall after the August incident involving Gingerich. Latcham said, “She still had inadequate restraint after knowing it showed aggression.”
Council member Marc Pennington understood the idea of a zero tolerance policy but said, “Why does there have to be one more incident before we take action?”
All three council members present, Latcham, Pennington, and Fern Bontrager, voted to uphold the mayor’s order to have the dog destroyed or removed from city limits.
A formal written notice was given Tuesday, February 2, and Hall has three days to comply.
In other business, the council:

• approved the fiscal year 2011 Heritage Agency Nutrition Program budget. City Clerk Donna Wade explained that full funding was applied for, but she does not expect the city will receive it;
• approved a downtown business incentive grant for $2,500 for Allen Leichty who has plans to install a new billboard downtown with a temperature display. City Administrator Dave Ross recommended approval;
• appointed Jennifer Bennett to the Parks and Recreation Board. There is still a vacancy on the Planning and Zoning Commission;
• set Wednesday, February 17, as the date for the next city council meeting. The regular night is Monday, which falls on a holiday;
• set Wednesday, February 10, at 5:30 p.m. as a date for a work session to be held at the Parkside Activities Center; and
• tabled Parkside change order request until more information is available.