Koshkonong residents express upset over kennel; chair says board doing ‘all it can’

By Kim McDarison

A process to remedy concerns about some 30 dogs living in a breeding kennel is lengthy, but underway, Town of Koshkonong Board of Supervisors Chairman Kim Cheney said Thursday.

Responding to questions by phone, Cheney said a property within the town has come under scrutiny as area residents continue to voice concerns about the animals living there.

According to a trail of documents reaching back to November of last year, Patricia Rockstroh, the owner of Koshkonong-based Penny Lane Cocker Spaniels, was found by the state Department of Agriculture, Trade and Consumer Protection, to have violated the terms of her dog sellers license by failing to provide proper enclosures and other comforts and care to the animals on her property. 

The department’s five-page “conditional stipulation” recounts activities beginning November 13, 2023, at which time, the document stated, Companion Animal Inspector Tony Centracchio and Animal Health Compliance Specialist Julie Phillippi “followed up on a complaint received from Badger Veterinary Hospital.”

The document stated that the “clinic had concerns about the conditions of the dogs and the facility.”

Cenracchio and Phillippi, upon completing an inspection, the document noted, found several violations, including those associated with proper grooming of the animals, safe objects offered to them for play, enclosures that were not large enough for the dogs to comfortably stand, turn around or lie down in, and the kennel did not provide adequate ventilation to provide fresh, filtered air to maintain health and comfort, among other animal care requirements.

After the inspection, the department and the respondent agreed, as a basis of settlement of the matter, that the respondent would comply with an administrative order, which stated that the respondent would correct the violations found during the inspection. The respondent signed the document on Feb. 6.

Additionally, the department ordered that “conditions will be placed on the respondent’s dog seller license … for a two-year period, beginning March 25.

Also in March, Cheney said, she, the town’s clerk and Jefferson County Sheriff’s Deputy Peter Betanski visited the kennel.

According to minutes from the town board’s March 27 meeting, Rockstroh told the three officials during their visit that she had five dogs of her own on the property, but, the minutes stated, Cheney heard more, and “viewed 25 more dogs in the basement.”

According to the minutes, “the cages looked clean, had food and water, however some cages had five dogs per cage.”

Additionally, the minutes reported, “the property had a bad smell of ammonia.”

While Cheney reported during the meeting, according to the minutes, that Rockstroh “was cooperative,” Cheney further noted that she did not seem to understand that she was over the limit of dogs she could have with her “Koshkonong kennel license” as well as her conditional use permit issued by the county.

Cheney, the minutes reported, explained that the town has an ordinance regarding animal neglect and abuse, and that the town board was able to deny the kennel license, the county could revoke Rockstroh’s conditional use permit, and the Department of Agriculture could revoke her (dog seller) breeder’s license.

During the meeting, as stated in the minutes, Cheney said removing the dogs could be a “lengthy process, and will require meetings and board approval.”

Betanski, too, offered his observations, noting that during the visit to the kennel, “while he mentioned a strong ammonia odor, … the dogs did appear healthy and clean, however the enclosures were too small for the number of animals she has.”

According to the minutes, he said “there are no criminal violations.” He additionally noted that “the sheriff’s department will not be pursuing charges to the DA (district attorney’s) office.”

The meeting minutes document comments made by several members of the community in attendance during the March meeting, the majority of whom voiced frustration and concern with the kennel’s operations.

Speaking Thursday with Fort Atkinson Online by phone, Cheney said after the March visit, and with residents and board members eager to find a solution, Rockstroh was offered what she described as a 30-day “improvement and remediation” plan.

Cheney said she made a subsequent visit to the property this month and found that little had been done to remedy the concerns.

On April 10, Cheney said, she sent a letter to several Jefferson County zoning officials, noting that on March 13, the Koshkonong town board voted against renewing Rockstroh’s kennel license. The letter noted that Rockstroh was notified of the decision by both regular and registered mail on March 28.

The letter noted that the decision was “based on resident complaints,” reports from the Wisconsin Department of Agriculture, and an onsite visit made by the two town officials and the sheriff’s deputy.

“During the Department of Agriculture’s onsite visit in November of 2023 and the chairperson’s visit in March of 2024, the conditions noted had not changed,” the letter read.

In her letter, Cheney asked the zoning officials to “immediately revoke the conditional use permit that allows the breeding/housing of dogs on this property. By removing the conditional use permit, the town of Koshkonong may further be able to assist with the relocation of the animals for their health and safety.”

Cheney additionally shared with Fort Atkinson Online a letter sent by the Department of Agriculture on Tuesday, April 16, to the Jefferson County Sheriff’s Department, stating that the Department of Agriculture’s personnel “have reasonable grounds to believe that dog(s) are being mistreated in violation of (a statute, noting “crimes against animals” is cited)” further noting, “we are required to report it to law enforcement.”

The Department of Agriculture’s letter cited inspections conducted last November and on April 4, noting that “we believe there are reasonable grounds to report that the conditions … constitute violations of (state statute cited).” The letter noted that while the department has the responsibility to inspect and investigate compliance, it does not have the authority to seize or accept the surrender of animals.

In its April letter, the Department of Agriculture went on to document several of the same violations it listed in its conditional stipulation document, following its inspection in November, 2023.

“The town is not in a position to move forward with anything at this point,” Cheney said Thursday, noting that the letter to the sheriff’s office was recently sent, and board members are waiting for a reply. 

The town does not have the resources to seize 30 dogs, she said. 

“We are not in a position to move forward until the county revokes the conditional use permit. If the permit is revoked, keeping a large number of dogs there (at the kennel) would be a zoning violation,” she added. 

Cheney noted that the town recently held its annual meeting, during which a relative of the kennel owner came forward and asked for more time to remedy the situation. The relative noted that the kennel owner is elderly, and the kennel is her livelihood, Cheney said.

Town residents remain concerned and frustrated with the situation, she admitted, but, she said: “At this point, we have done everything we can.”

A link to an administrative action taken in March by the State of Wisconsin Department of Agriculture, Trade and Consumer Protection — outlining violations committed in November of 2023 by kennel owner Patricia Rockstroh — placing conditions on the continuation of her dog sellers license is here: http://fortatkinsononline.com/wp-content/uploads/2024/04/Tony-email-attachment_conditional-order-signed-by-Pat.pdf.  

A link to a letter written March 28 by the Koshkonong Board of Supervisors to kennel owner Patricia Rockstroh, informing her that the town would not renew her kennel license, is here: http://fortatkinsononline.com/wp-content/uploads/2024/04/Kennel-non-renewal-letter.pdf.

A link to a letter written April 10 by Town Board of Supervisors Chairperson Kim Cheney to Jefferson County zoning officials, asking them to revoke the kennel’s conditional use permit, is here: http://fortatkinsononline.com/wp-content/uploads/2024/04/County-Zoning-letter.pdf. 

A link to a letter written April 16 by the Department of Agriculture to the Jefferson County Sheriff’s Department is here: http://fortatkinsononline.com/wp-content/uploads/2024/04/4-16-24-Correspondence-to-JCSD.pdf.