Calvert County Animal Matters Hearing Board met Aug. 8.
Here is the minutes provided by the Board:
The Animal Matters Hearing Board (AMHB) conducted their open meeting on Wednesday, August 8, 2018, at 6:30 p.m. at Public Safety, 315 Stafford Road, Prince Frederick, Maryland.
Members: Nancy E. Ball Present, Karen Myers Absent
Charles A. Bucy Present ,Thomas S. Phelps Present
Laurel M. Matthews Present, Denise R. Pinder Present
Helen A. Prince Present
Clerk: Trish Helms, Executive Administrative Assistant II, Public Safety Frances Rose, Executive Administrative Aide, Animal Shelter Division
Staff: Jacqueline K. Vaughan, Director, Department of Public Safety John B. Norris III, County Attorney, County Attorney's Office
Open Minutes
General Business & Administrative Matters
I. Meeting was called to order at 6:31 p.m.
2. Pledge of Allegiance
3. Quorum was determined
4. Open minutes from July 11, 2018 were reviewed and approved unanimously by the members in attendance without comment upon motion by Nancy Ball, seconded by Helen Prince.
5. Open agenda was reviewed and approved unanimously by the members in attendance without comment upon motion by Helen Prince, seconded by Denise Pinder.
Hearings
1. Case No. 18-38561 (Morris/Grover) — Mr. Morris appealing his dog, Aimy, remaining on the Dangerous Animal List for an incident occurring on July 15, 2018.
• All parties were sworn in and present were Ashlyn Earnshaw - Animal Control Officer "ACO", Craig Dichter — Chief ACO, and Mr. Thomas Morris — Appellant.
• ACO Ashlyn Earnshaw submitted her case file for the record. An account of what occurred on July 15, 2018 was given by ACO Ashlyn Earnshaw. The incident occurred in the vicinity of Mr. Morris' campsite located at the Solomons Naval Recreational Center, 13855 Solomons Island Road. The incident was reported to the Animal Control Division on July 19, 2018. ACO Ashlyn Earnshaw collected statements from both Mr. Morris, owner of Aimy, and Mr. Grover, owner of Charley the victim dog. Mr. Morris did not actually witness the incident but acknowledged that Aimy was the attacking dog. Mr. Morris gave his account of what occurred on the date of the incident. Mr. Morris stated that he exited his trailer with Aimy to use the restroom and by the time he reached the ground Aimy was gone across the road approximately 10' to 15' away. Mr. Morris shouted her name at which time she took off in the opposite direction, which he believes was due to the tone of his voice. Aimy did double back and return to his camper where she sat down by his truck and was held by her Page 2 collar by another camper. Mr. Morris put Aimy inside the camper and came back outside to handle the situation with Mr. Grover. Mr. Morris stated that Charley had been injured by Aimy. Mr. Morris stated that they contacted an emergency vet in Huntingtown which was kind of busy, next they contacted a vet in Waldorf which was an hour away, and lastly they contacted Solomons Veterinary Medical Center which was opening in an hour. Mr. Grover chose to wait the hour and take Charley to Solomons Veterinary Medical Center. Mr. Morris drove Mr. Grover and Charley to Solomons Veterinary Medical Center for treatment as he did not have a vehicle and Mr. Morris paid for the services rendered. Mr. M o r r i s requested to enter into evidence Appellant Exhibit #1 (a statement to the Animal Matters Hearing Board, a biography of Aimy's history, definitions of Aimy's titles, statements of Aimy's character/personality, Animal Controls bite report to include written statements from both parties, vet invoice, and vet assessment from date of incident). Mr. Morris gave a brief synopsis and explanation of Exhibit #1. The Animal Matters Hearing Board accepted Exhibit #1 as presented and it was admitted to the record. Several Board members cross-examined Mr. Morris. Thomas Phelps, AMHB member, questioned the board's jurisdiction on government property. John Norris, County Attorney, submitted into record a copy of legal documentation provided by Jacqueline K. Vaughan, Director of Public Safety, stating that concurrent legislative jurisdiction was relinquished by the Department of the Navy to the State of Maryland in February of 1978; therefore there are grounds to enforce the animal provisions. A motion was made by Laurel Matthews and seconded by Helen Prince to enter into Executive Session to deliberate pursuant to the General Provisions Article, §3- 305(b)(12) of the Annotated Code of Maryland, the Board returned to open session and deferred Mr. Morris' appeal based on the Service Member Civil Release Act; with the understanding that when Mr. Morris returns from his deployment/orders the board will reconvene with a seven (7) member board. This decision was rendered because the six (6) board members in attendance were not able to reach an affirmative decision utilizing the evidence presented and testimony given. The Board and the County Attorney recommended that Mr. M o r r i s follow the requirements set forth in the provisions of a dangerous dog given Aimy's protective training.
Upon motion by Laurel Matthews, and seconded by Helen Prince the board unanimously decided to take a five (5) minute recess at 7:57 p.m. The board reconvened in open session at 8:02 p.m.
Old Business
1. Procedural process for sending recommendations to the Board of County Commissioners for consideration.
• Any revisions will be drafted into the same numbering scheme as the current ordinance by the County Attorney and Director of Public Safety, forwarded to the BOCC for approval, then a public hearing will be scheduled with the BOCC for the changes to be adopted into the ordinance.
• May be mid-September or end of September before placed on the BOCC agenda and the Public Hearing would then be sometime in October. The Board will be notified and are welcome to attend. The AMHB Chair will be required to sit alongside the Director of Public Safety to present the revisions for adoption. The BOCC will leave the record open for public comment for a specified time-frame. The record will be closed after the public comment time frame and the BOCC will either adopt or reject the recommended revisions.
2. Discuss Chapter 7, Section 7 — Tethering and work group sub-committees progress with re-write.
• Sub-committee has met twice, once on July 17, 2018 and again on August 3, 2018. Theboard was provided notes from each of these meetings.
• A representative from Animal Control was at both meetings and Crystal Dowd, AnimalShelter Division Chief attended one of the sub-committee meetings.
• Sub-committee working on adding expanded weather coverage to the ordinance.
• Discussed putting a limited tethering provision in the ordinance to prevent nuisance calls, provide family socialization, and grounds for humane tethering.
• Discussed the effects of tethering dogs in general. Discussion had on prohibiting tethering. Also discussed a phase in approach for limiting tethering for a specified time frame.
• Discussed regulations for having proper and/or appropriate shelter and/or shade. Also guidelines for acceptable shelter.
• Making ordinance clearer on acceptable collars.
• Discussion had on public notifications for severe weather conditions, education, ordinance revisions, etc.
• The sub-committee will meet again on August 17, 2018.
Sub-committee has met twice, once on July 17, 2018 and again on August 3, 2018. The Shelter Division Chief attended one of the sub-committee meetings.
A representative from Animal Control was at both meetings and Crystal Dowd, Animal
New Business
None
Public Comment
None
Ongoing Business/Other Items for discussion
None
PSA Announcements
None
Announcements
The AMHB will hold regular monthly meetings on the second Wednesday monthly; this regular schedule has also been duly advertised. Information and agendas for all meetings forward may be found on the AMHB webpage: http://www.co.cal.md.us/index.aspx?nid=2154.
Recess, subject to Motion of Privilege for Closed Meeting:
Motion made by Laurel Matthews at 7:14 p.m., seconded by Helen Prince, all board members present in favor, none opposed to go into closed session to discuss an investigative proceeding on actual or possible criminal conduct pursuant to General Provisions Article, §3-305(b)(12) of the Annotated Code of Maryland. The closed session was adjourned at 7:53 p.m. to return to open session.
Adjournment:
The Board voted unanimously by all in attendance upon motion made by Laurel Matthews, seconded by Helen Prince, to adjourn at 8:41 p.m.
Next meeting is set for September 12, 2018, at 6:30 p.m.
http://www.co.cal.md.us/AgendaCenter/ViewFile/Minutes/_08082018-1802
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