Denton, Maryland

The regularly scheduled meeting of the County Commissioners of Caroline County, Maryland, convened at 7:30 PM in the Hearing Room, Courthouse, Denton.

John W. Cole, President

Franklin W. Prettyman, Vice President

John S. LeGates, Member

Charles C. Cawley, County Administrator

On motion by Mr. Prettyman, the minutes of May 18, 1999 were approved. Vouchers #46422– #46524 were approved for payment.

On individual motions indicated, the following purchase orders were unanimously approved and signed:

On motion by Mr. Prettyman, the Commissioners unanimously accepted the low proposal of Redland Genstar, Inc., Ridgely, Maryland, in the amount of $28,564 for application of hot mix asphalt surface to the parking lot at the public works department, and signed purchase order #15881 in that amount. All other proposals received were rejected.

On motion by Mr. LeGates, the Commissioners unanimously approved and President Cole signed Provident Lease Corporation Payment Request Form No. 13 for release of funds in the amount of $24,186 to Hertrich Chevrolet, Inc. for 1999 Dodge Durango truck for the public works department.

On motion by Mr. LeGates, the Commissioners unanimously authorized solicitation of advertised bids for the construction of the Caroline County Animal Control Building in Ridgely.

On motion by Mr. Prettyman, the Commissioners unanimously approved and President Cole signed the Certificate of Title for the surplus Sheriff’s Department vehicle, 1993 Ford Crown Victoria sedan including emergency equipment mounted, serial number 2FACP71W4PX163739, that was sold to the Denton Volunteer Fire Company, Inc. in the amount of $1,500.

On motion by Mr. Prettyman, the Commissioners unanimously approved and President Cole signed a letter to Farmers Bank of Maryland requesting a $300,000 advance under the tax anticipation note totaling $1.7 million, as presented by Dorsey Wooters, County treasurer.

On motion by Mr. Prettyman, the Commissioners unanimously approved and President Cole signed the annual Authorization to Write-Off Uncollectible Taxes for specified corporations in the amount of $1,882.27 and for business personal property in the amount of $7,738.83 that have been determined by the County treasurer to be uncollectible, as presented by Dorsey Wooters, County treasurer and Cathie Moore, accountant.

The Commissioners convened advertised public hearings on the proposed establishment of agricultural land preservation districts #99-09 - #99-17, Robert Miller and Martha Tanner; David and Rose Harris; Donna M. Lewis; James and Wanda Lewis; Walter and Barbara Hanson; Ronnie Hanson; Thomas and Ruth Braden; Herschell Claggett; Choptank Partnership, respectively. Tammy Holden, agricultural planner, read aloud the public hearing notice and stated that all of the proposed districts have been preliminarily approved by the Planning Commission and the Agricultural Land Preservation Advisory Board. The Commissioners discussed each proposed district individually, a summary of which follows:

#99-09 Robert Randolph Miller 200.9517 acres

The Commissioners met with George Sands, Caroline County Public Library Administrator, accompanied by Debby Bennett, assistant director; and boardmembers, Cindy Whaley, Bill Ecker, and Pat Fisher, regarding their response to the proposed budget for the library. Mr. Sands reiterated the concerns that the Board of Library Trustees have regarding the proposed budget figure. Mr. Sands said the Board submitted a modest increase in their FY 2000 budget request in order to accomplish three primary goals:

1. compensate staff – 2% COLA and a 1% increment within salary quartile. Library staff received no salary increases in FY 1996 and received no COLAs in four out of the past eight years;
2. open the North County Branch Library one extra day per week; and
3. build up the children’s materials – prior to FY 1998, the library materials budget had been approximately at the same level as it had been in FY 1986.

Cindy Whaley, boardmember, commended the staff stating that they are very dedicated and work hard and would like to see them receive the 3% increase in compensation. She further stated that Caroline County should be very proud of our library considering that we are the poorest County in the State but have one of the best libraries in the State. She encouraged the Commissioners to revisit the funding issue for the library in order to meet at least some of the goals of the Board. Bill Ecker, boardmember, also commended the staff stating that the poorer the area is, the better library that is needed. He stated that Caroline County’s library is one to be proud of as he has opportunity to visit libraries across the State, and Caroline’s is one of the best. President Cole read aloud excerpts from three letters in support of reconsideration of funding of the library that were received from Richard Harfeld, Diane Ewing, and Janice Foti. JOK Walsh stated that Caroline’s library is an economic asset. He reiterated the fact that when one of Caroline’s largest businesses, Furuno at the Denton Industrial Park, was inquiring to relocate either in Talbot County or Caroline County, a representative for the company visited the two libraries, and he was impressed with Caroline’s library by far. This fact proved to be one of five critical elements for the company moving to Caroline County. He also stated that it is reassuring to see people are learning at the library – that is as an important asset as any. Commissioner Prettyman stated that it is recognized that the staff at the library does a great job and are proud of the County’s library, however, the budget constraints do not reflect the quality of or quantity of work the staff does. Commissioner Prettyman stated that the Commissioners are working toward a goal themselves of reducing the piggyback tax level and trying to keep agency requests moderate. Robert Clendaniel encouraged the Commissioners, as a citizen, to work with the library in order to maintain the goal of opening the North County Library Branch one more day a week given the budget limitations they are faced with. Mr. Cawley suggested the following:

1. take $18,134 designated for painting of the Federalsburg Library Branch that is allocated in the Library’s capital improvement program, and move it to the Library’s operating budget; and
2. take the $20,000 allocated for the Greensboro Library Branch and move it to the Library’s operating budget; and
3. the Library’s request for an additional $7,000 to make up the difference may be funded from the capital program from other departments.

Mr. Cawley also suggested that if there are any unused funds available in the contingency toward to end of FY 1999, that these funds possibly could be used for the painting of the Federalsburg Branch.

Following a presentation by Sue Simmons, director of recreation and parks, and JOK Walsh, EDC consultant, and on motion by Mr. Prettyman, the Commissioners unanimously authorized Ms. Simmons to proceed with acquiring an additional appraisal and securing an option on the remaining acreage on the Fluharty property near Federalsburg for preservation of the historic Webb cabin.

On motion by Mr. Prettyman, the Commissioners unanimously authorized President Cole’s signature on a Development and Capital Renewal Application and Project Agreement and a partnership contract with Maryland Eastern Shore R C & D Council, Inc. for a shore erosion control project at Lockerman Middle School senior league field to build up the beach line, construct stone jetties and plant marsh grasses in order to stabilize the property, as presented by Sue Simmons, director.

President Cole advised that following last week’s public hearing regarding Legislative Bill #98-2, Animal Welfare and Control, the requested revisions have been made to the accompanying resolution specifying enforcement on public roads only for animals riding in the back of trucks, establishing a civil fine rather than a criminal offense, and authorizing enforcement only as a secondary violation. President Cole read aloud the revised paragraph. On motion by Mr. Prettyman, the Commissioners unanimously approved the amendments to the resolution as discussed. On motion by Mr. LeGates, the Commissioners unanimously approved and signed the following resolution. President Cole advised that the resolution will take effect on July 3, 1999, along with the bill that was enacted at last week’s meeting.

This resolution is hereby adopted under the authority of the Caroline County Animal Welfare and Control Law (Animal Control Law), Legislative Bill #98-2, enacted May 18, 1999. This resolution takes effect on July 3, 1999, when Legislative Bill #98-2 takes effect.

License certificates shall include the date of issuance and date of expiration, the owner's name and address, home and work telephone numbers, name, breed, color, and sex of the dog, rabies vaccination expiration date, and rabies tag number and the name of the issuing party.

A license tag shall be issued with the license certificate. The tag must be worn by the dog at all times, except when participating in a competition where such displays are prohibited or while undergoing organized training. The dog tag must be worn on a collar or harness around the dog's neck and be easily visible.

No person may use any license for any dog other than the dog for which it was issued.

The license certificate shall be made available for inspection, upon request, by an animal control officer, environmental health officer or any law enforcement officer.

If a license tag is lost the owner may obtain a duplicate license from Animal Control for a minimum replacement fee.

If the ownership of a dog changes, the new owner may obtain a transfer license at no cost if the dog has a valid Caroline County license at the time of transfer of ownership.

This resolution is not intended to establish standards which conflict with Caroline County's Right to Farm law and generally accepted agricultural practices; however, this shall in no way condone cruel or abusive practices. In the event of conflict, for those owners subject to the Right to Farm law, the Right to Farm law shall prevail.

This resolution is not intended to establish standards which are stricter than those practices generally accepted in the horse industry. In the event of a conflict, for those owners who are part of the horse industry, including the owners of pleasure horses, the generally accepted practices shall prevail. However, the standard is that applied to the industry as a whole, not confined to any particular segment or breed of the industry. Also, this provision shall in no way condone cruel or abusive practices.

All enclosures shall be structurally sound and maintained in good repair to protect the animal from injury and to contain the animal.

All enclosures shall provide sufficient space to allow each animal adequate freedom of movement.

All enclosures and other areas where animals are restrained shall be cleaned to remove excretions and other waste materials, dirt and trash in order to provide humanely clean conditions and to minimize health hazards and obnoxious odors.

All enclosures and other areas in which animals are restrained shall contain clean potable water that is always available and that is kept in a vessel secured to prevent tipping.

All enclosures and other areas in which animals are contained that do not have natural lighting, shall provide artificial lighting in sufficient quantities as determined by the needs of the species.

All indoor enclosures shall provide adequate ventilation by natural or mechanical means.

Outdoor enclosures shall provide sufficient shade by natural or artificial means to protect the animal from direct sunlight.

All outdoor houses for dogs and cats shall be weatherproof. They shall be solid with no cracks or openings other than the entrance. The shelter shall not have metal or un-insulated plastic as the primary interior surface(s).

All outdoor houses for dogs and cats shall be of solid construction and must be elevated off the ground.

The entrance to outside houses shall be protected to prevent wind, rain and snow from blowing directly on the animal. This can be accomplished by (a) placing a flexible flap over the door; (b) constructing an "L" shaped baffle outside the door; or (c) placing the front of the house close to another building, i.e., house, barn, shed, etc. or other solid windbreak.

All outdoor enclosures shall contain dry bedding. Sufficient straw, leaves, hay, cedar chips or other material shall be provided as needed during cold and inclement weather.

All outdoor houses for dogs and cats shall be large enough to allow the animal to enter, stand, turn around and lie down comfortably. The enclosure must be small enough to allow the animal to warm the interior with its body heat.

During hot weather the animal shall have access to a mild temperature shaded area at all times throughout the day. A cat or dog house may not provide sufficient shade.

If a chain or cable is used to restrain a dog, it shall be at least twelve (12) feet in length and allow the animal freedom of movement without becoming entangled with obstructions. Any chain or cable used to restrain an animal shall be fastened to a collar and not placed directly on the animal's neck or body. Neither rope, line nor any material that the dog may chew through is considered acceptable.

A person shall not allow an animal to ride in the unenclosed area of a motor vehicle when the vehicle is travelling on a public road unless the animal is confined by a securely affixed, well ventilated container, cage, or other device designated to safely prevent the animal from falling or jumping from the motor vehicle. This provision shall, however, only be enforced as a secondary violation, i.e., the animal owner or custodian shall not be cited unless the driver of the vehicle is cited for a primary vehicular offense. Furthermore, violation of this provision shall be solely a civil rather than a criminal offense.

All enclosures that house animals at a commercial animal establishment/kennel must be constructed in such a manner as to prevent an animal from one enclosure from coming into direct contact with an animal in an adjacent enclosure.

3. Powers and Duties of Animal Control Officers

An animal control officer may humanely impound animals whose owner or custodian is in violation of the Animal Control Law or this resolution.

An Animal Control Officer shall make a prompt and reasonable effort to locate and notify the owner or custodian of an impounded animal, including coordinating with the Animal Control Center staff.

An Animal Control Officer may issue a citation to the owner or custodian of an animal when the animal or the animal owner is in violation of State law, the Animal Control Law, or any standards adopted pursuant thereto. If the Animal Control Officer does not observe the violation, the affidavit of a complainant shall suffice to allow the issuance of a citation.

An Animal Control Officer shall promptly respond to administer emergency assistance, first aid, and/or qualified medical assistance to injured or diseased stray animals which come into the custody of the County without the consent of the owner or custodian of such animals. For this purpose, neither the Animal Control officer administering such assistance, Caroline County or any of its employees or agents shall be liable for acts committed or omitted while rendering such assistance unless the act or omission constitutes gross negligence or malice.

An Animal Control officer may conduct investigations and/or assist the County in the investigation of animal bites pursuant to the Animal Control Law.

An Animal Control Officer shall conduct public information programs on the Animal Control Law, adoption, spay/neuter, health care, and other programs as instructed by the Director.

An Animal Control Officer shall conduct inspections of Commercial Animal Establishments as provided in the Animal Control Law or standards adopted pursuant thereto.

An Animal Control Officer may receive for adoption or euthanasia any unwanted owned animals.

An Animal Control Officer may initiate a complaint or other form of enforcement of the Animal Control Law and/or State law.

Prior to a complaint being filed by an Animal Control Officer to a court of the State of Maryland, the Animal Control Officer shall have reasonable cause to believe that a violation of State law, the Animal Control Law, or this resolution has taken place.

An Animal Control Officer may impound injured animals found on roads or public lands in Caroline County or upon private property when the owner of the property is not the owner or custodian of the animal and is not in violation of the Animal Control Law.

An Animal Control Officer may have other duties as assigned by the Director of Animal Control. The duties set forth above are intended to indicate minimum duties, and are not intended to set any limit on additional duties as assigned.

The Facility Staff shall:

Receive stray and unwanted animals regardless of their medical condition. Animals that have a confirmed disease which may cause death or serious illness to other animals confined at the center, may be immediately euthanized.

Make a prompt and reasonable effort to ascertain the identity of the owner of an impounded animal, and as a precondition of release, require the payment of all charges for the care, impoundment, board, veterinary treatment, and any unpaid license fees from that animal's owner.

Place for adoption unredeemed or unwanted animals in accordance with the regulations established by the Animal Control Law and State law.

Humanely euthanize unredeemed and unwanted animals in accordance with the Animal Control Law and State law.

Provide humane treatment of all animals under their care.

Maintain and adhere to comprehensive procedures prescribing standards for the humane operation of the Center, including, but not limited to: the housing, feeding, care, veterinary treatment, adoption, and euthanasia of animals in the facility pursuant to the Animal Control Law and State law.

Provide for necessary and appropriate veterinary care of injured or sick animals in the custody of the County. Such veterinary care may be rendered without the consent of the owner. Caroline County employees, Animal Control Center staff and its agents shall not be liable for acts committed or omitted in rendering such care.

Post, in a conspicuous place, a schedule of charges for the housing, care, treatment, adoption and redemption of animals which come into the custody of the Center.

Keep records of impoundments, veterinary treatment, disposition of animals, and other activities for a period of three (3) years after such records are initiated. Animal records shall be complete and accurate as to the breed, sex, color, condition, how, when and where the animal was obtained, and any identification the animal may have been wearing.

After three years, properly destroy animal records.

Conduct public information programs on the Animal Control Law, responsible animal ownership, adoption, spay/neuter, health care and other programs as instructed by the Director.

Make a prompt and reasonable effort to locate and notify owners of stray animals.

Provide information for a animal of the week program to include any animal that is eligible for adoption, and encourage publication by the local newspapers.

Perform other duties as assigned by the Director of Animal Control. The duties set forth above are intended to indicate minimum duties, and are not intended to set any limit for other duties as assigned.

Any animal actively undergoing veterinarian treatment for illness or injury may not be offered for sale without the sale being approved by the veterinarian.

Any owner or employee of a Commercial Animal Establishment/Kennel who knows or should have known of any animal defect or illness in an animal offered for sale shall make a purchaser aware of this information prior to sale.

Records must be maintained for a period of one (1) year, from the date of resale, for any animal purchased for resale. Records shall contain at least the following information: animal description, breed, sex, color and age, origin of purchase to include the supplier and the date of receipt, and any and all medical records including any required treatment program. Records shall be made available for review by the Animal Control Officer and/or Animal Control staff.

An annual Commercial Animal Establishment/Kennel License shall be issued upon successful completion of an inspection and payment of the applicable fee and shall be displayed in a conspicuous place on the premises of the establishment.

If there is a change in ownership of a Commercial Animal Establishment/Kennel, the new owner may have the current license transferred to the new owner's name upon payment of a transfer fee and completion of a successful inspection by Animal Control.

Animal Control shall inspect the facility prior to issuing or renewing the license. A license may be withheld or revoked if the person, partnership or corporation holding the license refuses or fails to comply with this resolution or any law governing the protection and keeping of animals.

Animal Control shall be permitted to inspect at any time all animals and the premises where animals are kept.

If the applicant has withheld or falsified any information on the application, Animal Control may refuse to issue or may revoke the license.

No person, partnership or corporation who has been found guilty of cruelty to animals shall be issued a license to operate a Commercial Animal Establishment/Kennel.

Any person having been denied a license shall not be eligible to reapply for a period of six (6) months. Each reapplication shall be accompanied by a fee, in addition to the licensing fee, and written verification that the applicant complies with any and all zoning and use regulations. Individuals whose license was terminated under Section 15E of the Animal Control Law may not reapply.

Appeals from withheld or revoked licenses may be made by written request for a public hearing directed to Animal Control within fifteen (15) days of the notice of such action.

In the event any animal is exposed, or possibly exposed, to rabies, whether or not the animal has bitten a human or another animal, Animal Control with the assistance of the Health Department shall take appropriate measures as provided by State law to protect human life and, if possible, to preserve the life of the exposed animal. Owners or custodians of exposed animals who do not cooperate with Animal Control measures are subject, in addition to any penalty set forth under State law, to the fines set forth below.

Dog License Fees:

Un-neutered (either gender) 5.00

Neutered 3.00

Kennel license 15.00

Fines for Initial Violations:

Failure to obtain a current county dog license 50.00

Failure to maintain a Multiple Dog License 50.00

Failure to wear a current county dog license 30.00

Using a county dog license on a dog other

Failure to display license certificate to

an Animal Control Officer 50.00

Failure to obtain Commercial Kennel License 250.00

Failure to obtain veterinarian exam before resale 50.00

Failure to obtain veterinarian release for

animal under veterinarian care before sale 100.00

Failure to notify new owner, before sale,

of any illness or defects 100.00

Failure to maintain accurate records for one (1) year

Failure to prevent direct contact between

Selling or giving an animal to a minor

without parental permission 30.00

Keeping wild animals in Caroline County

without required permits or registration 250.00

Tease, or torture, or torment, or beat, or injure, 250.00

or run down, or overload, or poison, or shoot, or inflict unnecessary pain or suffering, or otherwise abuse an animal

Raise or use for, or permit to engage in fighting 250.00

Leaving unattended animal in a parked or

health 100.00

Abandoning an animal 100.00

Failure to provide proper food, or proper water, or proper

space, or proper shelter or protection from the elements,

or proper veterinary care, or proper exercise 100.00

Failure to maintain all enclosures in

good structural condition 30.00

Failure to provide sufficient space for

all enclosures 30.00

Failure to maintain humanely clean

condition for all enclosures 50.00

Failure to provide sufficient light 30.00

Failure to maintain proper ventilation for

indoor enclosure 100.00

Failure to provide sufficient shade for

outdoor enclosure 100.00

Failure to weatherproof outdoor

enclosure 50.00

Failure to elevate floor for outdoor enclosure 50.00

Failure to secure entrance with flap for

outdoor enclosure 30.00

Failure to provide dry bedding for outdoor enclosure 30.00

Failure to provide chain or cable of sufficient

length or failure to secure to collar 30.00

Allowing an animal to be at large 50.00

Animal on school grounds or public

recreation area without permission 50.00

Failure to report a stray animal to Animal Control 30.00

Failure to report striking of a domestic

animal with a motor vehicle 50.00

Allowing animal to ride in unenclosed area

of a motor vehicle without being secured 50.00

Keeping or maintaining an animal in such a

manner as to allow that animal to be a public

nuisance under Section 10 50.00

Failure to surrender vicious/dangerous animal 100.00

Failure to confine animal in secure enclosure 100.00

Failure to prevent contact with other

animals or persons when ordered or required 100.00

Failure to notify proper authority upon

dangerous and/or vicious animal becoming at large 100.00

Failure to abide by contract 50.00

Interfering with an Animal Control officer, 250.00

or failing to comply with an order or direction of Animal

Control

RABIES

Failure to obtain current rabies vaccination; or

failure to display rabies certificate upon

request by an Animal Control Officer. 100.00

Failure to quarantine for ten (10) day period 100.00

Failure to make proper notification upon

escape of quarantined animal 100.00

Failure to obtain permission from

the Caroline County Health Department before

removing an animal from premises 50.00

Failure to report health status or make animal available for

inspection to the Caroline County Health Department

or an Animal Control officer on the last day of quarantine 50.00

Failure to notify the Caroline County Health

Department after an animal becomes sick 50.00

Obtaining rabies vaccination before end of

Failure to obtain rabies vaccination

within five (5) days of end of quarantine 100.00

Failure to notify the Caroline County Health

Department after animal dies; or failure to make

corpse available for testing 100.00

Failure to obtain permission from the Caroline

County Health Department before killing, giving away,

selling, or disposing of an animal 100.00

ADOPTED: MAY 25, 1999 COUNTY COMMISSIONERS OF

On motion by Mr. LeGates, the Commissioners unanimously approved and signed the following resolution as previously discussed and as read aloud by Leigh Sands, executive assistant:

On June 20, 1995, following advertised public hearings, the County Commissioners adopted Resolution #95-011 setting the Caroline County income tax rate at 60% of the state income tax liability effective January 1, 1996, and providing that the rate shall remain at 60% until reverting to 50% on January 1, 2000;

Following review of the County’s needs and available revenues, the Commissioners wish to reduce the rate to 55% on January 1, 2000, and to continue to reduce the rate as revenues allow;

The 1999 Maryland General Assembly enacted House Bill 1149, County Income Tax, an emergency bill, which alters the calculation of county income tax, and alters the increments by which a county may change the county income tax rate, specifying in part:

A county income tax rate continues until the county changes the rate by ordinance or resolution.

According to the Maryland Office of the Comptroller, for Caroline County the Year 2000 equivalent to the 55% county income tax rate is 2.77%. However, in order to remain revenue neutral at 55% due to phased-in reductions of the state income tax rate, the Caroline County income tax rate would have to be increased to 2.83% in 2001, and to 2.89% in Year 2002.

NOW, THEREFORE, THE COUNTY COMMISSIONERS OF CAROLINE COUNTY, MARYLAND, DO HEREBY:

ADOPTED/EFFECTIVE: COUNTY COMMISSIONERS OF

MAY 25, 1999 CAROLINE COUNTY, MARYLAND

On motion by Mr. Prettyman, the Commissioners unanimously authorized President Cole’s marking of the Local Government Insurance Trust Directors Ballot as agreeing with the proposed directors slate.

On motion by Mr. LeGates, the Commissioners unanimously authorized President Cole’s signature on the Certification of Environmental Assessment Request for Release of Funds to the Maryland CDBG Program certifying that an environmental review and assessment has been conducted and completed on the Community Civil League Project, Federalsburg.

On motion by Mr. LeGates, the Commissioners unanimously approved and signed a letter to Chuck Ireland, Ireland and Everngam, former County auditors, expressing the Commissioners’ appreciation for the high level of service provided during his long relationship with the County.

On motion by Mr. Prettyman, the Commissioners unanimously authorized $500 to be expended from the contingency fund to the Lockerman Middle School Odyssey of the Mind team, to assist in funding their participation in representing Maryland at the Odyssey of the Mind World Finals on May 26-29 at the University of Tennessee in Knoxville.

On motion by Mr. LeGates, the Commissioners unanimously agreed to adopt the FY 2000 budget at the Commissioners meeting of June 8^th, the first regularly scheduled meeting following the last public budget hearing on June 3^rd.

There being no further business, the meeting of the County Commissioners was adjourned by unanimous consent at 9:35 p.m.

Vivian L. Anders

County Commissioner’s Office Coordinator