Calvert County Animal Matters Hearing Board met Sept. 12.
Here is the minutes provided by the board:
The Animal Matters Hearing Board (AMHB) conducted their open meeting on Wednesday, September 12, 2018, at 6:30 p.m. at Public Safety, 315 Stafford Road, Prince Frederick, Maryland.
Members: Nancy E. Ball; Absent Karen Myers Present
Charles A. Bucy Present; Thomas S. Phelps Present
Laurel M. Matthews Absent; Denise R. Pinder Absent
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 Pamela R. Lucas, Associate County Attorney, County Attorney's Office
OPEN MINUTES
General Business & Administrative Matters
1. Meeting was called to order at 6:30 p.m.
2. Pledge of Allegiance
3. Quorum was determined
4. Open minutes from August 8, 2018 were reviewed and approved unanimously by the members in attendance without comment upon motion by Helen Prince, seconded by Thomas S. Phelps.
5. Open agenda was reviewed, amended regarding Case No. 18-37384, which was postponed, and approved unanimously by the members in attendance without comment upon motion by Thomas S. Phelps, seconded by Helen Prince.
Hearings
1. Case No. 18-27279 (Dove/Caloia) — Ms. Dove appealing her dog, Tank, remaining on the Dangerous Animal List for an incident occurring on May 23, 2018.
• All parties were sworn in and present were Fred Sheckels - Animal Control Officer "ACO", Ms. Meghan Dove — Appellant, and Ms. Ashley Caloia — bite victim.
• ACO Fred Sheckels submitted his case file for the record. An account of what occurred on May 23, 2018 was given by ACO Fred Sheckels. The incident occurred on the property of Ms. Dove, the animal owner, at 1461 Knight Avenue, Dunkirk, Maryland 20754. The incident was reported to the Animal Control Division on May 23, 2018. ACO Fred Sheckels collected statements from both Ms. Dove, owner of Tank, and Ms. Caloia, the bite victim. Ms. Dove gave her account of what occurred on the date of the incident. Ms. Caloia then gave her account of what occurred on the date of the incident. Ms. Dove requested to enter into evidence Appellant Exhibit #1A (a receipt from Invisible Fence for a stronger collar and service call to move underground wire), Appellant Exhibit #1B (a printout of the receiver now allegedly being used on Tank), Exhibit #1C (a plan showing the new location of the Animal Matters Hearing Board Open Minutes September 12, 2018 Page 2 invisible fence line, further from the perimeter than the original line), Exhibit #1D (a picture of Ms. Dove's house with a "beware of dog" sign in the window), Exhibit #2A (a rabies certificate for Tank), Exhibit #2B (a printout of vaccinations from Calvert Animal Hospital), Exhibit #2C (Tank's County Animal License application), Exhibit #3A (a character letter from Angela Burke), Exhibit #4A (a Ten-Day Quarantine Order issued by the Calvert County Health Department), and Exhibit #4B (an on-line ad from Tri-County Animal Shelter with a picture of Tank). The Animal Matters Hearing Board accepted into evidence all exhibits except #3A, indicating that the letter was not relevant to this case because the author did not witness the incident, and the accepted exhibits were admitted to the record. Several Board members cross-examined Ms. Dove. Ms. Caloia requested to enter into evidence Victim Exhibit #1 (a letter from Meghan Dove to Ms. Caloia). The Animal Matters Hearing Board accepted into evidence the exhibit as presented and it was admitted to the record. A motion was made by Thomas S. Phelps and seconded by Charles A. Bucy 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 determined from the evidence presented and testimony given that Tank does not meet the requirements to remain on the Dangerous Animal List, as Ms. Caloia was trespassing on the Dove property when the incident occurred. The Board recommended that Ms. Dove seek professional training for Tank, and that she increase the size of the physical fence in the back yard of the house.
2. Case No. 18-40307 (Keefer/Simpson) — Ms. Keefer appealing her dog, Chewy, remaining on the Dangerous Animal List for an incident occurring on July 28, 2018.
• All parties were sworn in and present were Timothy Lewis - Animal Control Officer "ACO", and Ms. Theresa Keefer — Appellant.
• ACO Timothy Lewis submitted his case file for the record. An account of what occurred on July 28, 2018 was given by ACO Timothy Lewis. The incident occurred on the street near the property of Ms. Keefer, the animal owner, at 721 Alamo Lane, Lusby, Maryland 20657. The incident was reported to the Animal Control Division on July 28, 2018. ACO Timothy Lewis collected statements from both Ms. Keefer, owner of Chewy, and Ms. Simpson, mother of the bite victim. Ms. Keefer gave her account of what occurred on the date of the incident. Several Board members cross-examined Ms. Keefer. A motion was made by Thomas Phelps and seconded by Karen Myers 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 determined from the evidence presented and testimony given that Chewy does not meet the requirements to remain on the Dangerous Animal List, as he seemed to be unintentionally provoked by the "clicking noise" from the bicycle tires, and the bite was an unexpected consequence of that provocation, as the dog appeared to be targeting the bicycle tires. The Board recommended that Ms. Keefer keep her pet on a leash at all times when outside of the home.
Old Business
1. Discuss Chapter 7, Section 7 — Tethering and work group sub-committees progress with re-write.
• The Sub-committee has not met since before the last Animal Matters Hearing Board meeting on August 8, 2018. A motion was made by Charles Bucy and seconded by Helen Prince, to table further discussion on this matter until the next regular Animal Matters Hearing Board Meeting.
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.
Jackie Vaughan advised the Board that the Animal Shelter Ribbon Cutting is scheduled for Tuesday, October 9, 2018, and that invitations will be sent to them.
Recess, subject to Motion of Privilege for Closed Meeting: Motion made by Thomas Phelps at 6:58 p.m., seconded by Karen Myers, 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) The closed session was adjourned at 7:12 p.m. to return to open session of the Annotated Code of Maryland.
Motion made by Helen Prince at 7:30 p.m., seconded by Thomas Phelps, 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) The closed session was adjourned at 7:37 p.m. to return to open session of the Annotated Code of Maryland.
Adjournment: Upon motion made by Helen Prince and seconded by Charles Bucy, the Board voted unanimously by all in attendance to adjourn at 7:42 p.m.
http://www.co.cal.md.us/AgendaCenter/ViewFile/Minutes/_09122018-1841
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