Denton, Maryland

The regularly scheduled meeting of the County Commissioners of Caroline County, Maryland, convened at 9:30 AM 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. LeGates, the minutes of May 11, 1999 were approved. Vouchers #46304 – #46421 were approved for payment. Bi-weekly direct payroll was approved for release.

The Commissioners signed State Assessment Change Reports #1278 - #1279.

Marvin MacDonald, purchasing officer, reported that no bids were received for project #CC-CCL-51899, Community Civic League of Federalsburg CDBG, Phase I. The Commissioners office will work with Conway Gregory regarding rebidding and possible consolidation of bids on the construction phases. By unanimous consent, the Commissioners authorized the project to be rebid.

On motion by Mr. LeGates, the Commissioners unanimously accepted the low bid of E. Stewart Mitchell, Inc., Baltimore, Maryland, in the amount of $163,744 for asphalt, project #CC-AM-51199, and signed purchase order #15625 in that amount. All other bids received were rejected.

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

On motion by Mr. Prettyman, the Commissioners authorized the FY 1999 cross-function budget transfers for Chesapeake College in the General Fund in the amount of $146,950 and in the Special Fund in the amount of $171,081, as requested by the College.

The Commissioners expressed their deepest sympathy for the recent passing of County employee Lee Powell, corrections officer and former sheriff’s deputy.

Mr. Cawley reported:

1. Arrangements are being finalized for the Upper Association of Counties dinner meeting that Caroline County is hosting on Wednesday, June 23^rd, 6 p.m., at the Health and Public Services Building. President Cole suggested a tour of the HPS building be included on the agenda.
2. The USEDP (Upper Shore Economic Development Partnership) reorganizational meeting is scheduled for Wednesday, May 26^th, 7 p.m., at Chesapeake College.
3. The groundbreaking ceremony for the building expansion of Furuno, Denton Industrial Park, is scheduled for Friday, May 21, 1999, noon with a lunch meeting in Williston following. The Secretary from Maryland Department of Economic and Business Development will be attending.

The Commissioners discussed a letter from Character Counts and expressed their interest in having a representative make a presentation to the Education Study Commission.

The Commissioners would like to recognize those County employees graduating this semester from Chesapeake College. Staff was instructed to compile a list of all County employees that have completed their courses and will be graduating on May 25^th, and schedule lunch and certificate presentation.

On motion by Mr. Prettyman, the Commissioners authorized reimbursement of travel expenses for Dr. Richard Holler and a $100 honorarium, and instructed staff to convey to the Education Study Commission of the Commissioner’s willingness to provide support services as needed to the ESC.

On motion by Mr. Prettyman, the Commissioners accepted the proposal of the Denton Volunteer Fire Company, Inc. for the purchase of surplus Sheriff’s Department vehicle #2714, 1993 Ford Crown Victoria including emergency equipment mounted, in the amount of $1,500.

Dave Bramble, district manager, accompanied by John Shepard, public drainage coordinator and Ann Collier, associate board member discussed the Caroline County Soil Conservation District (SCD) FY 1999-2000 budget request in the amount of $51,100. The SCD promotes and implements soil and water quality best management plans and practices to assist area farmers and landowners to minimize nutrient run-off, decrease soil erosion, improve public drainage association (PDA) systems and enhance water quality for cleaner streams, rivers and the Chesapeake Bay Watershed. The District’s responsibilities include working jointly with the County, Maryland Department of Agriculture and Natural Resource Conservation Service to effectively administer the 53 public drainage associations, review sediment and erosion control plans, provide assistance to implement the Maryland State Cost Share Program, and Federal programs. The District also provides technical assistance in order to prepare soil and water conservation plans for the area landowners and the Agricultural Land Preservation Foundation and insures implementation. Mr. Bramble asked the Commissioners to restore the $5,100 additional in their budget in order to fund the original request.

Ms. Collier updated the Commissioners on the maintenance work performed on Long Marsh Public Drainage Association and invited the Commissioners to visit the site, however there are still repairs needed. On motion by Mr. LeGates, the Commissioners unanimously authorized reallocation of the FY 1999 budget remaining allocation for Long Marsh Public Drainage Association, as presented by Ann Collier, associate member of SCD and manager of Long Marsh PDA.

The Commissioners met with Royden Powell, Assistant Secretary, Maryland Department of Agriculture, accompanied by Craig Zinter, Team Chair; Christy Mills, coordinator; and Choptank Tributary Team Members Betsey Krempasky, Helen Spinelli and Dave Numas regarding an update of the Choptank Tributary Strategy. Mr. Powell provided a background and history of how far Maryland has come to protect the Chesapeake Bay, a summary of which follows:

Outreach/Education

Policy – on the local level to provide feedback on local issues

Implementation

• An updated Chesapeake Bay Agreement
• An updated Local Government Partnership Agreement
• Revised Nutrient Goals (Has met 40% phosphorus goal and reduced nitrogen by 26%)
• Possible Sediment Goal

In closing, Mr. Powell asked the Commissioners to identify two or three potential members to fill vacancies on the Choptank Tributary Team.

At 11 a.m., the Commissioners convened a second advertised public hearing on Legislative Bill #98-2, Animal Welfare and Control. President Cole stated that since the first public hearing, the Review Committee for the Animal Welfare and Control Legislative Bill has met weekly to clarify the language in the bill and have compiled a final product with an accompanying resolution. Janice Davison, deputy County attorney, acknowledged the committee members: Harry Moreland, Mary Newcomb, Tracy Lusby, Glenn Usilton, Tom Ireland, Captain Sid Pinder, Chuck Emerson, Anne Ogletree, Leigh Sands and herself and stated that the committee accomplished a considerable amount of work on the bill and a diverse area of interests including the sporting community, agricultural community, law enforcement, and animal control were represented. Ms. Davison advised that Chris Jensen, state’s attorney, has reviewed the bill and made suggestions for enforcement, which are incorporated. Ms. Davison provided a committee report outlining the areas that were amended, a summary of which follows, along with corresponding public comment:

Janice Davison – The purpose of the bill is unchanged and the Commissioners’ ability whether or not to contract out enforcement has been retained. Standards such as requirements, fees and fines are included in the resolution. The interests of the farming community, the horse community, and the sporting dog community have been protected. There were changes to the definitions in the bill such as what constitutes an animal, and addition of "generally accepted practices" provisions. Hunting dogs must wear the owner identification tag and all dogs in Caroline County must wear license tags. The definition of nuisance animals did not change, however, determination of dangerous animals was addressed carefully as was rabies prevention and enforcement. Responsibilities of animal control were identified and provisions made for the establishment of fees and fines. Anyone who violates the law may be charged with a misdemeanor.

Anne Ogletree – Has concerns with the area of the bill that deals with the definition of commercial animal establishments as it pertains to horse stables; to Section 15G, adoption of wild animals under the Federal program; and enforcement of the law.

Janice Davison – The Committee discussed this and felt horses should be included, although wild horses would not be affected. The resolution addresses such areas as the following: Dog licensing which is self-explanatory; minimum standards for indoor and outdoor enclosures which were modified to be species-specific and not unrealistic; powers and duties of the animal control officer and staff; kennel licensing. Fees and fines for animal care minimum standards implements a fine per animal or in cruelty situations, potentially a separate fine for every day.

Anne Ogletree – Has enforcement concerns. There is potential liability if the Commissioners enforce the law through a private not-for-profit agency and not by a law enforcement agency. There needs to be some form of accountability to the Commissioners other than monetary.

Tracy Lusby – The area of accountability will be addressed in contract negotiations with the Commissioners and specified in the contract, which would be renewed on a yearly basis, to alleviate any concerns. The Humane Society doesn’t want to hurt the County, but only wants to do things to help.

President Cole – The Commissioners would have ultimate authority over any agency and those conditions would be declared in the contract, as well as the ability of termination. These areas are a matter of negotiation and the Commissioners can reserve the right to contract out those services, however, it wouldn’t interfere with implementation of the law.

Charles Cawley – Either way, the County has the authority to contract out or not to.

Anne Ogletree – Liability would go along with training and qualifications. Potential liability could be addressed by insuring the agency has adequate training and is qualified. The County needs to address this.

Charles Cawley – There is a potential problem with requiring that dogs be leashed while riding in the back of a truck. It should be amended as enforceable on public roads and not private roads or property, or enforced by a certain speed limit.

Anne Ogletree – The Committee felt that this is an area of concern as well and was severely divided on this issue. Potential violators would not realize they are violating a law. Possible phase-in should be addressed or dealt with through education of the public.

President Cole – Possible phase-in as was done with the seat belt law.

Commissioner Prettyman – Totally opposed to enforcement on private land. The purpose of the law is to protect and provide safety to the public.

Anne Ogletree – The law should be limited to public roads and the public needs to be educated.

President Cole – Enforcement should be limited to public roads and private roads should not be an area of primary enforcement.

Janice Davison – We can make these changes to the resolution, which is where that provision is contained. Enactment of the legislative bill can still take place today, however.

Tom Ireland – Thanked the Commissioners for the opportunity to serve on the Review Committee to represent the sporting dog community. The Committee has had good discussions but it would be wise for the Commissioners to reconsider this issue as needed because the success of this law could hinge on an unaddressed area.

Harry Moreland – Appreciated the opportunity to serve on the Review Committee as well, and appreciated the agricultural community being recognized. The bill was more work than anticipated, however, the Committee has ended up with a reasonable document. In agreement with the law as presented, but the key is reasonable enforcement and that should be conveyed to the agency enforcing the law. The goals towards animal treatment have been addressed, however, is opposed to the leash law of animals being leashed when riding in the back of a truck. Feels that people would not understand that portion of the law.

|Commissioner Prettyman – Explain what area you have a problem with.

Harry Moreland – Making it a criminal act for a dog to ride in the back of a truck.

President Cole called for additional public comment; none was received. President Cole stated that the resolution can be enacted at anytime and that its language needs to be revised to specify enforcement on public roads only for animals riding in the back of trucks a civil fine and not a criminal offense and enforced only as a secondary violation until the public is educated. By unanimous consent, the Commissioners deferred action on the proposed resolution until those areas are addressed and instructed staff to make the revisions.

President Cole called for further public comment, a summary of which follows:

Anne Ogletree – Those who initially wrote the proposed legislation did a good job on addressing the issues; the language just needed some revision. The Review Committee did a good job.

On motion by Mr. Prettyman and seconded by Mr. LeGates, the Commissioners unanimously convened in legislative session for the fourth reading and enactment of Legislative Bill #98-2, Animal Welfare and Control. (See Legislative Session Minutes.)

On motion by Mr. Prettyman, the Commissioners unanimously reconvened in regular session.

Carl Burke, executive director of Upper Shore Aging, met with the Commissioners regarding the medical assistance transportation contract extension, bid #CC-WT-61698. Mr. Burke advised that there have been no problems with the current contract between USA and the County and a good working relationship has been developed. Services have been integrated and expanded to the elderly citizens. USA has provided an important and valuable service to the citizens of the County. Contract revenues are matched with State and Federal funds. On motion by Mr. LeGates, the Commissioners unanimously authorized extension of the contract with Upper Shore Aging, as requested.

Carl Burke updated the Commissioners on the Proposed Regional Transportation Plan Scope of Work for the Counties of Kent, Queen Anne’s, Talbot, Dorchester and Caroline. This will be the first time a regional transportation study has been done and will result in a Transportation Development Plan (TDP) that will serve as a guide for the regional and individual counties regarding:

• Graphic identification of underserved populations and populations likely to utilize transit services;
• Providing transportation services for underserved, special and general populations;
• A marketing strategy for increasing ridership and awareness of existing and proposed transit options;
• Where to provide transportation services based on population needs, employer requirements, seasonal variation, and development trends;
• What times of day transportation should be available and proposed routes;
• What types of service to provide;
• What costs are involved and should be expected;
• What funding sources exist and could be developed to provide transportation services;
• Effectiveness of existing transportation services;
• How to coordinate the existing transportation resources of government, private, and not-for-profit service agencies to increase efficiency of capital, financial and administrative resources; and
• Potential locations for strategic dispatch and repair facilities for the region.

The Commissioners reiterated that the purpose and challenge of this study is to assess all existing transportation options, and the need, potential and feasibility of implementing a public transportation system for the Upper Eastern Shore region while also addressing the transportation needs unique to the individual counties. All participants have been requested to provide any comments on the proposed scope to USA.

At 12:20 p.m., the Commissioners convened a budget workshop, open to the public. Mr. Cawley distributed a draft capital program and discussed allocations for each department. The Commissioners generally indicated their approval of the draft, with a few potential minor revisions.

There being no further business, the meeting of the County Commissioners was adjourned by unanimous consent.

Vivian L. Anders

County Commissioner’s Office Coordinator