City of Oak Creek

Common Council Report

Meeting Date:  March 20, 2007

Item No.:        

Recommendation:  (a) That the Council adopt Ordinance No. 2450, an ordinance to create Section 8.10 of the municipal code relating to restaurants, lodging, campgrounds, recreational, tattoo/body piercing establishments, and retail food establishments; and

(b) concur with the recommendation of the Board of Health, to enter into the Agreement with the State Department of Health and Family Services for the purpose of establishing permit fees; issuing permits; and conducting investigation or inspections of hotels, motels, tourist rooming houses, body piercing and tattooing establishments, restaurants, bed and breakfast establishments, campgrounds and camping resorts, recreational and educational camps, public swimming pools and in conducting investigations and inspections of food vending machines, their operators and vending machine commissaries; and

(c) concur with the recommendation of the Board of Health, to enter into the Agreement with the State Department of Agriculture, Trade, and Consumer Protection, for the purpose of establishing permit fees; issuing permits, conducting routine sampling, and conducting investigations or inspections of retail food establishments; and for the purpose of enacting local regulations governing these establishments; and

(d) that the Common Council adopt Ordinance No. 2451 to repeal and recreate Chapter 3.40(c)(15) pertaining to Health Department Fees.

Background:  On December 13, 2006, the Board of Health voted in support of the Health Department becoming an Agent for the Department of Health and Family Services (DHFS) and the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP).  On December 19, 2006, the Common Council voted to approve the Health Officer to compose a Letter of Intent to both DHFS and DATCP in preparation of becoming an “Agent” for both Departments.

On March 5, 2007 the Registered Sanitarian (RS) began employment at the Health Department to fulfill the requirement that the inspections be conducted by a Registered Sanitarian. 

On February 14, 2007, the Board of Health approved the License Fee Schedule to match the State’s Fee Schedule plus 20% (10% of the License Fee is assessed by the State as an administrative fee).

It has further been agreed upon that the RS make two routine inspections per year per establishment. 

Fiscal Impact:  The revenue generated is not intended to cover the complete cost of the RS (wages and benefit package).  However, the potential revenue from both programs is approximately $30,000 in 2007.  On March 1, 2007, the Health Department received $5,105.00 in start-up funds for becoming an “Agent”.

Legal Sufficiency:   During this entire application process, Lawrence Haskin, City Attorney has reviewed all Agreements and new Ordinances related to becoming agents for both DHFS & DATCP.

Prepared by: Judith Price, RN Community Public Health Officer	Respectfully submitted, Patrick DeGrave City Administrator
Fiscal Review by: Beverly A. Buretta, CMC City Clerk