January 11, 2023

Commissioner Lee

stated she provided minor typographical errors to staff.

Mr. Waggoner

stated total Planning applications received for December was 156 which was 16 more than last month. Total applications processed was 125, which was 53 more than last month. Since July 1st there have been 1057 planning applications received and 172 new code compliance complaints received. Compared to 1001 Planning Applications and 161 Code compliance complaints for the same time last year. New Code Complaint cases was 20, which was 2 more than last month. Closed cases was 18, which was 2 less than last month. For December Building permits, there were 25 SFR, that was 14 more than last month. 2 MF which was 2 more than last month. Total Permits issued all categories was 148, which was 33 more than last month and last total inspections all categories were 362, that was 57 less than last month. Since July 1 there have been 135 SFR so far compared to 203 SFR at this same point last year. 2020 – 2021 Totals were 486 SFR. Previous items heard by the PRPC: ZCMP-22-16, was heard by this board on the 10/12/22 meeting and was recommended for approval. It was heard by the BOCC on the 12/20 agenda and a zone change to SE was approved. ZCMP-22-17, this item was heard by this board on the 10/12/22 meeting and was recommended for denial. The applicant requested a continuance at the BOCC meeting due to the appeal that was filed on the RPC’s denial of their CUP application. This item and the appeal were heard by the BOCC on the 12/20/22agenda. The BOCC voted to overturn the RPC’s decision to deny the CUP and voted to deny the ZC. ZCMP-22-20, this item was heard by this board on the 10/12 meeting and was recommended for denial. The applicant requested a continuance due to the appeal that was filed on the RPC’s denial of their CUP application. This item and the appeal were heard by the BOCC on the 12/20 agenda. The BOCC voted to overturn the RPC’s decision to deny the CUP and voted to deny the Masterplan amendment.

Commissioner Lee

asked Mr. Waggoner if the CUP approval was contingent on the approval of the ZC and MP.

Commissioner Lee

asked for clarification that even though they overturned the CUP and then denied the ZC and MP then it nullifies the CUP approval.

Mr. Waggoner

stated yes. ZCMP-22-21, this item was heard and recommended for approval by this board on the 11/09/22 meeting and was recommend for approval. This item was heard by BOCC on the 12/20/22 agenda for final action and was approved. TA-17, bill proposing to amend 17.04.210 RH-4.5 removing solar photovoltaic facilities this item was heard by this board on the 11/09/22 agenda and has a public hearing set before the BOCC on the 1/03/23 agenda. The Page 2 of 8 BOCC heard this item on the 1/03/23 agenda and voted to approve the text amendment removing it as a permissive use in the zoning district. TA-10- Bill 2022-12, amending 17.04.805 Mobile food vending, this item has been scheduled for PH on the 03/21/23 BOCC meeting.

Commissioner Hayden

asked how tall the fence was.

Ms. Baca

stated 4.5 feet.

Commissioner Lee

asked if Animal Control has been out yet?

Mrs. Baca

stated not yet currently waiting on RPC approval for her license, and her breeder’s permit. Then they will schedule an inspection.

Commissioner Hayden

asked how many dogs do you intend for breeding? Courtney Baca stated 9 but they will only have 8 active dogs when they become of age. 2 males and 6 females of age this year.

Commissioner Hayden

asked are hoping to use the garage for kennels?

Mrs. Baca

stated yes. She is working on getting AC throughout the garage for the summer time and there is currently heat for the winter. When the puppies are born, they have to stay at a regulated temperature of 88 for about 3 weeks and will stay indoors.

Commissioner Hayden

asked how big are the crates?

Mrs. Baca

states the females are in the XL crate that is 48 in high. The males are in 5 ft by 6 ft. The dogs are not allowed to be outside unattended. Outside times are between 6 am – 8 pm.

Commissioner Meredith

asked how many liters they have already had?

Mrs. Baca

stated 5 or 6 liters, the first one was in Louisiana.

Commissioner Meredith

asked how many females would be pregnant at the same time?

Mrs. Baca

stated 2. She keeps it in range where she’s in control. Her goal is to not over breed and not overpopulate.

Commissioner Lee

asked if there was any open Code Cases on this property?

Commissioner Lee

asked her if she as read, understand, and agree to the conditions of approval? Page 3 of 8

Mrs. Baca

stated once she has submitted her application, she hasn’t received anything since, so no she did not read the conditions of approval.

Commissioner Lee

explained the conditions of approval are things she needs to abide by and if she doesn’t, she can revoke the CUP. Gave her a moment to read the conditions.

Commissioner Lee

asked her if she as read, understand, and agree to the conditions of approval?

Commissioner Turner

asked if how long she has lived here and if this was her full-time job.

Mrs. Baca

stated they have lived here for 6 months, and this is her full-time job.

Commissioner Turner

asked what age the puppies are given to their new home?

Mrs. Baca

states they are kept until 8 weeks. She does their microchips personally at her home and a vet set up in Las Vegas for shots.

Commissioner Turner

asked if she has clientele or a waitlist?

Mrs. Baca

stated yes. She has them fill out an application, tour their home, go through details of the dogs.

Commissioner Turner

asked between the 2 females there will be about 20 puppies, max?

Commissioner Turner

asked if she would work with any veteran programs?

Mrs. Baca

stated she gives 10% discount to vets, EMT, first responders, nurses and police department. Any Disabled vet that’s 70 or above has a separate application for a discounted puppy or dog that was returned to us.

Commissioner Skinner

asked what winding down looks like for the dogs?

Mrs. Baca

stated she can’t think about what winding down looks like right now.

Commissioner Skinner

stated she should give some thought to that question, because that’s where the hang up happens with business models like this.

Commissioner Lee

asked if she had a back-up plan in case she’s not able to care for these dogs?

Mrs. Baca

stated her husband and son would take care of them.

Mr. Waggoner

stated you mentioned training and behavioral training, do you have any certifications or is it a hobby?

Mrs. Baca

stated it’s just personal training. A lot of it comes from spending time with them.

Mr. Waggoner

asked how many dogs’ maximum would be on the property?

Mrs. Baca

stated 30 would be the max.

Mr. Waggoner

stated she said she was retiring one of the dogs. Will you be replacing it with another female?

Mrs. Baca

stated she has a female that is 6 months old. She has another 1.5 years before she can start breeding. Page 4 of 8

Mr. Waggoner

asked how many times will each female breed?

Mrs. Baca

stated it’s based on the female and working with her vet to see if she can handle more liters. Generally, you can breed up to 6-8 liters.

Mr. Waggoner

stated for condition #7 he would suggest changing it to quarterly for the first 12 months and then annually after that by Animal Control. Limiting the amount of breeding age females that can be on the property – 8 breeding females and two studs at one time. Adding a condition that there can only be 30 dogs at one time on the property and dogs besides breeding dogs can’t be over the age of 6 months.

Commissioner Meredith

asked if any of her dogs were titled?

Mrs. Baca

stated no, she does not show any of her dogs.

Mrs. Baca

stated in regard to the pet stores in Clark County, I never sold any of my dogs to pet stores. They have been to independent families or disabled vets only. As for the puppies we don’t sell, we have play pens set up and our garage is 800 sq ft, so there is plenty of room for the puppies.

Commissioner Turner

motioned to approve CU-22-39 based on staff’s findings and subject to the conditions of approval in the staff report modifying condition #7 that there will be quarterly inspections for the first 12 months then annually if no issues are found by Nye County Animal control. Adding condition that there will not be more than 30 animals max at any time except for the 8 breeding dogs and family pets. And adding that puppies don’t remain on the property for more than 6 months.

Commissioner Lee

asked if he wanted to include removing from condition #7 the verbiage “by a nationally or regionally established organization or agency” and leave the inspections by Animal Control.

Commissioner Turner

stated yes. Seconded by Robert Blackstock.

Mr. Waggoner

stated for clarification his suggestion on #7 is to read “Inspection of animals and their habitat shall be conducted quarterly for the first 12 months and annually, thereafter, if no issues are found by the Nye County Animal Control Office. Copies of the inspection reports shall be maintained at the Nye County Animal Control Office” and the limiting of the animals should be added as condition # 11.

Commissioner Turner

amended his motion.

Commissioner Lee

stated for clarification that the maximum number of dogs on the property at one time to be 30 dogs, adding condition #12 stating it would be limiting the age of dogs to 6 months with the exception of pets and breeding animals. Page 5 of 8

Commissioner Blackstock

amended his second.

Commissioner Skinner

asked what the rules were for off highway vehicles on municipal streets and what are the parameters for underage drivers driving one of these in the streets? Are there rules against this?

Mrs. Medici

stated for the off-highway vehicles driving on the street you do need a permit through the DMV. As far as underage drivers, she is not certain of.

Commissioner Skinner

stated he is concerned with the OHVs. He is wondering if this is something we should be encouraging. He does like the idea of designated fair ground for the off-highway vehicles.

Mrs. Medici

states she will bring back some more information next meeting.

Commissioner Lee

stated maybe they should get comments from the OHV advisory committee, in conjunction with the Sherriff’s office.

Commissioner Turner

stated if they are driving on the street, they need a permit. For the off roading stuff, creating more dust, no matter the age they can get a ticket.

Commissioner Tyler

stated we have to remember the BOCC decided we are an OH friendly community, to keep in mind when deciding on the language for the OHVs.

Commissioner Skinner

asked what are the rules for driving on county right of ways? Tyler Mulvey stated there are no rules, the ditch is fine. If they can’t go in the right of way, they will go on private property.

Commissioner Hayden

stated she supports Commissioner Skinner. She likes to go on trail rides with her horse and the behavior of the drivers for the off-highway vehicles were not courtesy and tend to destroy the environment.

Mr. Waggoner

stated it all comes down to an enforcement issue. The whole reason for this chapter is to designate routes for these types of vehicles.

Commissioner Lee

stated the last time she went to an OH advisory meeting, establishing trails was one of their agenda item topics. Page 6 of 8

Commissioner Meredith

stated she went to the Public Land meeting last night and they were trying to establish a trail system for off highway vehicles. You should meet with them; they have a map from Pahrump to Beatty with all the trails on it.

Mr. Waggoner

stated we have to remember with not so courtesy drivers, that usually happens on Public Land or private property. We can not enforce anything. If you are having issues with that, contact the BLM law enforcement.

Mr. Mulvey

stated for clarification, policy 5, we would only discuss with NDOT in their right of way. For the low- speed vehicle study, funding for it is to be determined.

Commissioner Skinner

asked what the rules are on round-a-bout landscape and visibility?

Mr. Mulvey

stated you don’t typically want to see directly across the round-a-bout, because they can go through it instead of going around.

Commissioner Meredith

asked if we could add uber and lyft?

Commissioner Turner

stated we should just name the type of businesses, like ride share in case the one of them closes.