Steve Osborne
From: Terry L. Hand [[email protected]] Sent: Friday, August 10, 2012 4:54 PM To: Steve Osborne Subject: Fw: KarlMitchell
From: LaurieDuvall Sent: Friday,August 10, 2012 12:14 PM To: threaityDahrumD.com ; ikoenlgRPcäsbcalobaLnet; ath2&pucihafencom ; goodearchitectIive.com; [email protected] ; citvmQr1()Qrflail.com; lmvlckv(ThaoI.com; aboraskvconvenv.us Subject: KarlMitchell
Mitchell,who has no respect for animals or for the j, should not be allowed to keep exotic animals in Pah rump!Please take those animals and give them a chance to livea better lite...the lifethey deserve to live.There reallyshould be no question. The man is clearly NOTan animal lover. PLEASE PLEASE do NOT let this man have ANYanimals. Noteven a dog or cat. They do not deserve to suffer. They are livingbeings who do suffer when hurt. Please...as a fellowLas Vegas resident...please do not allowthis man to torture these precious animals any longer.
Thank you for your time, Laurie Duvall
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From: Terry L. Hand [[email protected]] Sent: Friday, August 10, 2012 4:54 PM To: Steve Osborne Subject: Fw: Mr. Karl Mitchell
Original Message From: Kathy Bongiovi Sent: Friday, August 10, 2012 11:30 AM To: threaltypahrump. corn Cc: jkoenigRPCsbcglobal.net ; gth2pucihafen.corn ; oodearchitectlive.com ; 1seatonmccallvmail.com ; citymgr1gmail.com ; irnvickyao1.com aboraskyco.nye.nv.us Subject: Mr’. Karl Mitchell
I writing on behalf of the animals who are unable to speak for themselves. Please take a moment to think of how the situation regarding Mr. Mitchell being allowed to keep exotic animals would change drastically if the animals could actually speak for themselves. My email to you would not be needed as they would be allowed to address the issue themselves and speak about their mistreatment. However, we know this will not happen. Yet, if Mr. Mitchell wanted to “keep” an individual who was unable to speak, your office would not grant Mr. Mitchell his request unless the “deaf-mute” received proper representation so that their concerns, fears and complaints about Mr. Mitchell could be heard. But that is not the case. These are animals whose are unable to communicate directly with you and therefore people like must speak on their behalf.
We, as humans, have the intelligence and should have the compassion to understand our need to protect all who are mistreated solely because they are incapable of speaking up for themselves. We owe them our respect and we have a responsibility to ensure that these animals are not mistreated and are given the quality of life they deserve.
All of you are in a position to stand up for their rights. Just because you all won’t hear them cry out about their mistreatment is not reason to pretend it doesn’t and won’t occur.
Please, do what is right. Politics, money or lack of compassion should not be the ruling force regarding the above-stated issues. Sincerely,
Kathy Bongiovi
1 Steve Osborne
From: Terry L. Hand [[email protected]] Sent: Friday, August 10, 2012 4:54 PM To: Steve Osborne Subject: Fw: Karl Mitchell Permit
Original Message From: -ianellcoopercox. net Sent: Friday, August 18, 2012 11:20 AM To: threalty@pahrump. corn Subject: Karl Mitchell Permit
Please do not issue a Permit to Karl Mitchell to keep any animals. He is cruel to big cats and other animals. No one who is known be treat animals cruelly or neglectfully should ever be allowed to keep these precious creatures. Looking for your wise vote. Sincerely, Janell cooper, Henderson, NV.
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From: TerryL.Hand[[email protected]] Sent: Friday, August 10, 2012 8:10 PM To: Steve Osborne Subject: Fw: ExoticAnimals
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Dear Chairperson Hand and Pahrump RegionalPlanning Commission members, On Wednesday, August 15, the Pahrump RegionalPlanning Commissionwilldecide whether to approve a permit that would allow serial animal abuser KarlMitchell to keep tigers and lions, and Iam respectfully requesting you deny this permit. Mitchell has been fined thousands of dollars and had his U.S.Department of Agriculture (USDA)license revoked for violating the Animal Welfare Act by, for example, cruelly withholding water as a training technique, forcing animals to live in enclosures filled with their own waste, failingto provide animals with veterinary care, and keeping large cats in cages too small for them. Mitchell is also currently under investigation by both the USDAand the U.S.Fishand WildlifeServicefor continuing to exhibit animals after the USDArevoked his exhibition license and for illegallytransporting a tiger across state lines. Heeven shot a tiger who became nervous when Mitchell was transporting him because he could not manage the tiger.
When Itry to imagine what possible motive animal abusers entertain for subjecting their animal victims to such neglect and acts of brutality, Ifail, but Iam thankful for a lack of cognitive understanding and rationalization. To engage in such behaviour absolutely suggests negative tendencies and demonstrates an incontrovertible lack of morality regarding other livingbeings and a gross disrespect for the law. Infact, a person who shows such a remarkable lack of compassion towards animals has, disturbingly enough, the ability to show such indifference towards humans. Mitchell, who has no respect for animals or for the law, should not be allowed to keep exotic animals in Pahrump. Please deny this permit. Thank you for your attention to this urgent message.
Megan Speight
1 Steve Osborne
From: Terry L. Hand [[email protected]] Sent: Friday,August 10, 2012 8:11 PM To: Steve Osborne Subject: Fw:Mr.Mitchell
From: moritch735 Sent: FrIday,August 10, 2012 7:31 PM To: threaItycoahrumD.com ; ikoeniarocäsbcolobal.net; gth2oucIhafen.com ; [email protected]; lseatonmccall(ã)ymalicom; citvmar1)amail.com ; [email protected]; aboraskyco.nve.nv.us Subject Mr.Mitchell
Mr. Mitchell is a serial animal abuser. Please do not allow him to keep exotic animals in Pahrump.
Jennifer Pritchard Henderson, NV89074
I Steve Osborne
From: TerryL.Hand [[email protected]] Sent: Friday, August 10, 2012 8:12 PM To: Steve Osborne Subject: Fw: issuance of permit to Karl Mitchell
From: LoreAdams Sent: Friday,August 10, 2012 6:33 PM To: tIirealtvoahrump.com Subject: Issuance of permit to KarlMitchell
Dear Chairman Hand,
Iam writing to request that a permit not be issued for KarlMitchell to keep exotic animals. His history of abuse and neglect prove him unworthy and unsuitable to keep or handle animals. A permit should be a privilege for responsible human beings. Those who issue permits should make sure that this is the case.
Thank you, Lore Adams Henderson, NV
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From: Terry L. Hand [[email protected] Sent: Saturday, August 11, 2012 8:44 AM To: Steve Osborne Subject: Fw:Carl MitchellExoticAnimals
Importance: High
From: Susan Russell Sent: Saturday, August 11, 2012 5:40 AM To: [email protected]; ikoeniaRPQäsbcaIobal.net; [email protected] ; aoodearchltectaiive.com; iseatonmccalkThvmall.com; [email protected]; Imvicky(à)aoicom; [email protected] Subject: Carl MitchellExoticAnimals
Are you kidding me? I am LasVegas native and have been reading about Carl Mitchell for years. Have you been to his property and seen how sad his animals are? Do you know what a safety risk this is?
What are you thinking??
Watch George Knapp’s stories dating back years if you need a reminder!
The state willlook at the ExoticAnimal situation in the next legislature, and there willbe changes. Why don’tyou show the rest of the state that you are ahead of them?
Youshould be ashamed of yourselves for even considering this and for the the blatant disregard for animals. Sounds fishy to me. Pahrump has a bad reputation to those in LasVegasfor lawlessness in many ways,and for having so many animal breeders to breed.
Why don’tyou do something positive to show your sister community that you are not toothless backward people that marry your cousins?
Did he giveyou a “campaign contribution” to agree to his lawlessness? That is the only wayI can imagine you would even be at this point looking at this. Well, ifyou did, I am sure George Knapp will expose that to the rest of the state.
Thank you for your time and consideration in his absurd matter. Susan Russell 2479 El Paseo Circle Las Vegas, NV 89121 (702) 588-3800
Live a Life of Love. Ephesians 5:2
1 Steve Osborne
From: Terry L. Hand [[email protected]] Sent: Saturday, August11, 2012 8:51 AM To: Steve Osborne Subject: Fw: KarlMitchefl
Original Message From: Debbie Netardus Sent: Saturday, August 11, 2012 2:08 AM To: threaltypahrump. corn Subject: Karl Mitchell
I am writing to STRONGLYurge you to deny a permit to keep large cats- or any animals for that matter- to proven animal abuser Karl Mitchell. It is exceedingly cruel to keep wild animals in captivity at all and especially the way Karl has in the past- in tiny, filthy , barren enclosures so he can “train’ them in his backwards, hideous, and cruel ways. If you allow this permit the suffering of these sentient creatures will be on your conscience and it certainly won’t do anything to lift Pahrumps reputation as a desirable place to visit or live. This man has an arrogance and attitude that is very dangerous to both animals and people. Please do the right thing and deny the permit. Thank you very much. Debbie Netardus 2108 Stone Croft St Las Vegas, NV 89134
Sent from my iPhone
1 Steve Osborne
From: Terry L. Hand [[email protected]] Sent: Saturday, August 11, 2012 9:06 AM To: Steve Osborne Subject: Fw:serial animal abuser KarlMitchell
From: donna dixon Sent: Ftiday,August 10, 2012 11:26 PM To: threaltv@Dahrump,com; jkoeniarocsbcalobaLnet ; [email protected]; [email protected]; jseatonmccalk)ymaiLcom; [email protected]; [email protected]; [email protected] Subject: seslalanimalabuser KarlMitchell
Dear Sir,
As a concerned citizen and animal lover- I am keep up with certain organizations and groups who care for and protect our animals.
Karl Mithchell-- name seems to continually be in the news for violations of the Animal Welfare Act, cruelty to animals and also shot and killed animals when he felt nervous” around an animal that he has previously mistreated.
I want to urge you to not approve any license to this animal abuser.
Mitchell,who has no respect for animals or for the law, should not be allowed to keep exotic animals in Pahrump.
Sincerely,
Donna Dixon donna. dixoncWlive.com
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From: Terry L. Hand [[email protected]] Sent: Saturday, August 11, 2012 12:55 PM To: Steve Osborne Subject: Fw: Karl Mitchell
From: Richard OAKS Sent: Saturday, August 11, 2012 12:16 PM To: [email protected]; [email protected] ; [email protected] ; [email protected]; imvickyaol.com ; [email protected] Subject: KarlMitchell
To Whom It May Concern:
I hope this finds you doing well. I recently read about a person named KarlMitchell, who is applying for a permit to keep and care for tigers and lions in the Pahrump area. Given his history with animals, being fined thousands of dollars and had his U. S. Department of Agriculture (USDA) license revoked for violating the Animal Welfare Act, using questionable and cruel techniques to train these magnificent animals, keeping them confined in cages that are to small and filled with their own waste, and not providing proper veterinary care are just a few of his prior examples of how he cares for them.
Another shining example of his inhumane treatment of lions and tigers is that he continues to exhibit them even though the U.S. Fish and Wildlife Service and the USDAhave revoked his license and he is currently under investigation and for illegallytransporting a tiger across state lines.
Since I live here in Nevada(I resided in LasVegas twenty five years and have lived in Mesquite for the last four and a half) Iwill be watching this case closely. Please consider the animals and their welfare and well being and his repetition of past abuses. Thank you for your time in this matter.
Sincerely,
Judy Oaks
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for to Steve Osborne
From: Terry L. Hand [[email protected]] Sent: Saturday, August 11,2012 1:10PM To: SteveOsborne Subject: Fw:KarlMitchell’srequestforpermitto keeptigersand ligers
From: JacauelineAdler Sent: Saturday,August 11,201.210:30AM To: threaltyDahrumD.com; ikoenicRPCbcalobal.net; [email protected]; aoodearchitectllve.com; [email protected]; [email protected] ; [email protected]; aboraskvco.nve.nv.us Subject: KarlMitchell’srequestfor permitto keep tigers and ligers
Pahrump Regional Planning Commission
Chairperson Terty Hand and Members;
As a concerned resident of Las Vegas with parents residing in Pahrump, I am writing you today, concerning your upcoming commission meeting on Wednesday, August 15. When the issue of Karl
Mitchell’s permit to keep tigers and ligers comes up on your docket, I would respectfully ask that you approve the request.
Karl Mitchell has had his exhibitor’s license revoked by the U.S. Department of Agriculture for violation of the Animal Welfare Act, and has been fined thousands of dollars for his unlawful behavior and cruel mistreatment of the animals he keeps. Mitchell is currently under investigation by both the USDA and the U.S. Fish and Wildlife Service for continuing to exhibit exotic animals after the USDA revoked his exhibition license.
Please act responsibly, and deny Karl Mitchell’s permit to keep tigers, ligers, and any other exotic animals.
Sincerely,
Jacqueline Adler
1 Steve Osborne
From: Terry L. Hand [[email protected]] Sent: Saturday, August 11,20121:11 PM To: Steve Osborne Subject: Fw: KarlMitchell
From: MarilynSnyder Sent: Saturday, August 11, 2012 12:27 PM To: [email protected] ; jkoeniaRPC©sbcalobaLnet;[email protected] ; [email protected]; [email protected] ; [email protected] ; Imvickväaol.com ; [email protected] Subject: Karl Mitchell
I am writingin reference to Karl Mitchell,who I do not feel should be allowed to keep exotic animals in Pahrump. I am a Las Vegas citizen and this man is known to abuse his animals and has even killeda tiger previously. He has no respect for animals or for the law and he should not be allowed to keep exotic animals.
Thank You, MarilynSnyder
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From: arlenek Sent: Sunday, August 12, 2012 1:30 AM To: threaltvtDahrumD.com Subject: KarlMitchell
Please do not allow this man, Karl Mitchell, to keep his animals. I love animals and treat my animals with love. They are fed daily and given room to roam. They go to the Dr. yearly and when they need to go during the year. This man does not deserve to continue to keep these animals and thus continue to treat these beautiful animals with such abuse.
PLEASE do allow this man to get a permit which would allow him to continue to abuse these beautiful animals.
Arlene Kalodner
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From: Terry L. Hand [threaItypahrump.com] Sent: Tuesday, August 14, 2012 11:49 AM To: Steve Osborne Subject: Fw:
Original Message From: Lidiya Sent: Tuesday, August 14, 2012 10:23 AM To: threajtypahrump.com ; -jkoenigRPCsbcglobal.net th2pucihafen.com goodearchitectlive.com iseatonmccallvmail.com ; citymgr1gmail.com imvicky1aol.com ; aboraskyco. nye. nv. us
Dear Chairperson Hand and Pahrump Regional Planning Commission members,
On Wednesday, August 15, the Pahrump Regional Planning Commission will decide whether to approve a permit that would allow serial animal abuser Karl Mitchell to keep tigers and lions, and I am respectfully requesting you deny this permit.
Mitchell has been fined thousands of dollars and had his U.S. Department of Agriculture (USDA) license revoked for violating the Animal Welfare Act by, for example, cruelly withholding water as a training technique, forcing animals to live in enclosures filled with their own waste, failing to provide animals with veterinary care, and keeping large cats in cages too small for them. Mitchell is also currently under investigation by both the USDA and the U.S. Fish and Wildlife Service for continuing to exhibit animals after the USDA revoked his exhibition license and for illegally transporting a tiger across state lines. He even shot a tiger who became nervous when Mitchell was transporting him because he could not manage the tiger.
When I try to imagine what possible motive animal abusers entertain for subjecting their animal victims to such neglect and acts of brutality, I fail, but I am thankful for a lack of cognitive understanding and rationalization. To engage in such behaviour absolutely suggests negative tendencies and demonstrates an incontrovertible lack of morality regarding other living beings and a gross disrespect for the law. In fact, a person who shows such a remarkable lack of compassion towards animals has, disturbingly enough, the ability to show such indifference towards humans.
Mitchell, who has no respect for animals or for the law, should not be allowed to keep exotic animals in Pahrump. Please deny this permit.
Thank you for your attention to this urgent message. Lidiya Kryskiv 78 rue de Saint Quentin Montigny les Metz 57950 France
1 type To: Respectfully, Las important Lee Subject: [email protected] Sent: It Please To: From: Subject: Sent: Steve From: is Vegas, Yarbrough not [email protected] of Tuesday, read Lee license my Osborne RE: details Nevada Yarbrouçih place all Karl for reports August to being housing Mitchell tell from disclosed. you 14, ; animals. [email protected] 2012 Tuesday, Terry Steve the Fw: how ; [email protected]; USDA Karl to 3:04 L. Osborne do Hand Mitchell August and PM your [[email protected]] the job 14, U.S. and ; 2012 [email protected] Fish would 4:57 and [email protected] never 1 PM Wildlife think ; Service [email protected] of that before but ; [email protected]; sometimes considering things issuing are Karl passed Mitchell without any Steve Osborne
From: Terry L. Hand [threaltypahrump.com] Sent: Tuesday, August 14, 2012 11:49 AM To: Steve Osborne Subject: Fw: Please help exotic animals in Nevada
From: FULVIOFIORENTINI Sent: Tuesday, August 14, 2012 9:25 AM To: threaItvDahrumD.com ; [email protected];gth2Duclhafencom ; aoodearchltec [email protected]; citymgrl(agmall.com ; ImvIckyaol.com ; aboraskyco.nye.nv.us Subject: Please help exotic animals in Nevada
Dear Chairperson Hand and Pahrump Regional Planning Commission members,
On Wednesday, August 15, the Pahrump Regional Planning Commission willdecide whether to approve a
permit that would allow serial animal abuser Karl Mitchellto keep tigers and lions, and I am respectfully requesting you deny this permit. Mitchellhas been fined thousands of dollars and had his U.S. Department of Agriculture (USDA) license revoked for violating the Animal Welfare Act by, for example, cruelly withholding water as a training technique, forcing animals to live in enclosures filledwith their own waste, failingto provide animals with veterinary care, and keeping large cats in cages too small for them. Mitchellis also currently under investigation by both the USDA and the U.S. Fish and WildlifeService for continuing to exhibit animals after the USDA revoked his exhibition license and for illegallytransporting a tiger across state lines. He even shot a tiger who became nervous when Mitchellwas transporting him because he could not manage the tiger.
When Itry to imagine what possible motive animal abusers entertain for subjecting their animal victims to
such neglect and acts of brutality, I fail, but I am thankful for a lack of cognitive understanding and rationalization. To engage in such behaviour absolutely suggests negative tendencies and demonstrates an incontrovertible lack of morality regarding other lMng beings and a gross disrespect for the law. In fact, a person who shows such a remarkable lack of compassion towards animals has, disturbingly enough, the ability to show such indifference towards humans. Mitchell,who has no respect for animals or for the law, should not be allowed to keep exotic animals in Pahrump. Please deny this pemilt. Thank you for your attention to this urgent message.
FULVIOFIORENTINI
I Exoticsare NOT pets and someonewho officialshave describedas a “threatto both animals and humans”andhas a lengthycriminalrecorddoesn’tdeservea CUP. Makethe rightchoice. I for one will not enter anotherbusinessin Nye County if you don’tdo somethingaboutKarl Mitchell. I go through and spendtime in Pahrumpon a regularbasis. Not spendingany of my hard-earneddollars in a place that would okay a conditionaluse permit for someonelike Mitchell.
Maria Koot, Office Manager Manning, Hall & Salisbury - Certified Court Reporters 617 S. Eighth Street, Suite A, Las Vegas, NV 89101 702-382-2898 - marla(ämhsreporters.com PAHRUMP REGIONAL PLANNING COMMISSION MINUTES OF THE AUGUST 15, 2012 MEETING
The meeting was called to order at 6:00 pm in the Nye County Commissioners Chambers, Pahrump NV.
Members in Attendance: Terry Hand John Koenig Joseph Goode Gregory Hafen II Vicky Parker Jennifer McCall
Members Absent: Dave Richards Planning Staff: Steve Osborne Beth Lee
District Attorney’s Staff: Charlie Watkins Building & Safety Staff: None Public Works Staff: None Other Attendees: None Acronyms Used: ADT = Average Daily Traffic ARC = Architectural Review Committee BLM = Bureau of Land Management BOCC/BOC Board of County Commissioners CAA Charles Abbott Associates CUP Conditional Use Permit DOR Deed of Restrictions CCO Code Compliance Officer CC&R Covenants, Conditions & Restrictions DRC Development Review Committee FEMA Federal Emergency Management Agency NBHPS Nevada Bureau of Health Protection Services NCC Nye County Code NCSD Nye County School District NDEP Nevada Division of Environmental Protection NDWR Nevada Division of Water Resources NDOT Nevada Department of Transportation NRS Nevada Revised Statues PRPD Pahrump Regional Planning District PRPC/RPC Pahrump Regional Planning Commission PTB Pahrump Town Board PUD Planned Unit Development USFS United States Forest Service ROW Right-of-Way SFR Single-Family Residential SOB Sexually Oriented Business TIA Traffic Impact Analysis TPC Transportation Planning Committee UBC Uniform Building Code
Page 1 of 28 Commissioner Hand: Bring the Regional Planning Commission to order. If you would please stand and join me in the Pledge of Allegiance.
(Pledge of Allegiance)
Commissioner Hand: First item is the approval of minutes for July 11, 2012.
Commissioner Koenig : Mr. Chair I make a motion to approve the minutes of July 11, 2012.
Commissioner Hafen: I second that
Commissioner Parker: Aye
Commissioner Hand: Commissioner Parker
Commissioner Koenig: Aye
Commissioner Hand: Aye
Commissioner Hafen: Aye
Commissioner Goode: Aye
Commissioner McCall: Aye
Commissioner Hand: Approved 6 - 0
Commissioner Hand: Approval of minutes for July 27, 2012. Are there any corrections?
Commissioner Hafen: Mr. Chairman I gave some
Commissioner Hand: Commissioner Hafen
Commissioner Hafen: Sorry Mr. Chairman I gave some typographical corrections to staff uh and would like to make a motion to approve.
Commissioner Koenig: I Second
Commissioner Parker: aye
Commissioner Hand: Commissioner Parker Commissioner Koenig: aye
Commissioner Hand: aye
Commissioner Hafen: aye
Commissioner Goode: aye
Commissioner McCall: aye
Commissioner Hand: Carries 6—0
Page2 of 28 Conunissioner Hand: Approval or modification to the agenda, we don’t need to we have one item.
Commissioner Hand: Any correspondence or announcements?
Commissioner Hand: We don’t have any.
Commissioner Hand: This time is devoted to comments by the general public, pursuant to NRS 241.020(2)(c)(3). No action will be taken on any matters raised under public comment until the matter itself has been included on an agenda for an action item. (Three-minute time limit per persons and speakers are requested to limit comments to items not on the agenda.). Anything that is not on the agenda. Do I have any public comment at this time? If not public comment is closed.
Next item is Commission Reports. Commissioner Borasky.
Commissioner Thank Borasky: you Mr. Chairman. I’ve4th got a couple of things tonight one of them is an announcement. It’s urn Thursday, October from 6 — 8 PM at the Pahrump Nugget will be candidates’ night for Town Board, County Commissioners, Justice of the Peace, and urn District Court only. And the doors will be open at 5:30 and questions will be um, people will be allowed to turn in questions to me up until 2 weeks before the event. And I did say October 4th correct?
Commissioner Hand: Yes
Commissioner Borasky: Okay, uh we have an item coming up Board of County Commissioners meeting next week on the 2lS clothing optional ordinance and urn I have since uh putting that agenda item on was the request by two of the town board members, two of the town board members not all four. Cause somebody apparently said I did that. That uh, there’s additional information that we were not provided or incorrect information that will be interesting when we get to that. And also I’m gonna have a resolution on the BOCC meeting on the St21 and I will just read you the headline on this one it came from Elko County and they are requesting all of the County Government, City Government and Town Government to support this. It is a “Joint resolution by Elko County Board of County Commissioners with cities, counties and local government entities across Nevada in support of post secondary education services provided by Great Basin College to the Nevada citizens in rural Nevada”. It is my understanding that the State Legislature wants to cut 34% of the budget. So, we’re, a bunch of us are going to jump on board with this I have talked with the Pahrump Town Board members last night and they will also present a resolution too to their board. So we all need to get together to support that cause education is bad enough without 34 percent cut. Thank you.
Commissioner Hand: Thank you.
Commissioner Hand: Pahrump Town Board Liaison Report, Commissioner Parker.
Commissioner Parker: Nothing tonight, thank you.
Commissioner Hand: Okay, Capital Improvements Plan Advisory Committee, Commissioner Koenig.
Commissioner Koenig: The meeting with NDOT is now scheduled for the end of August so hopefully next month’s meeting I will be able to report something.
Page3 of 28 Commissioner Hand: Thank you, Master Plan Update Steering Committee, Commissioner Hafen.
Commissioner Hafen: Yes Mr. Chairman. The Master Plan Steering Committee met a joint meeting the Regional TransportationCommission.The Regional TransportationCommissionuh, the Regional Transportation Commission is going to make suggested changes to the transportationsection of the plan including a possible option for a beltway that might be included into the master plan.
CommissionerHand: Do we have any idea, are we still lookingthree months.
Commissioner Hafen: the Regional Transportation Commission isn’t gonna meet again until October therefore the Master Plan Steering Committee will not be able to review any modificationsor changesto the transportationsectionuntil after that.
CommissionerHand: Okay
Commissioner Hand: Do I have any Ex Parte Communications and Conflict of Interest Disclosures from the commissioners?
CommissionerHand:None, let’s get on to regular agenda items.
Commissioner Hand: Conditional Use Permit Applications CU- 12-0007 Conditional Use Permit application to allow an Animal Sanctuary containing Special Conditions Animals (Bengal Tigers, Ligers) in the Rural Homestead (RH-4.5) Zoning District, per Nye County Code 17.04.215.E, on an 18.28-acre (net) parcel, located at 6061 N. Woodchips Road, further described as Parcel 4 of File Map 56470. Raymond Mielzynski — Property Owner. Karl Mitchell — Applicant. APN 27-241-26.
Commissioner Hand: From Staff
Mr. Osborne:13 Thank you Mr. Chairman as you know this matter was heard by the RPC on June th that hearing resulted in a 3-3 tie vote so this is a rehearing of that matter. The staff report that you have is essentially unchanged from the, the last meeting except there are some special conditions of approval that have been added based upon the comments and discussion from the last hearing. I wanted to briefly go over those.
On page 7 of 7, the first 11 conditions are the same and conditions 12, 13, 14, and 15 have been added.
Condition 12 is that they must obtain a Town of Pahrump business license. We did contact the town and they indicated that a business license will be required.
Condition 13 Conditional Use Permit is not transferrable to subsequent property owners or tenants. So if, if the conditional use permit is approved it’s only for this property and only for the current tenant.
Number 14 is that the CUP will expire in three years, that’s based on discussion from the previous hearing uh the applicant could apply for renewal prior to expiration.
Page 4 of 28 And then number 15 is that the height, material and design of all the cages, fencing and other animal enclosures must comply with all requirements deemed appropriate by Nye County Animal Control. They added that in case if Animal Control thought changes needed to be made to any of the enclosures or the cages uh they would be able to require that to be done by the applicant. Also wanted to, going back to page 2 of the Staff Report this is obviously a contentious item we wanted to remind the, the members that it’s very important to discuss the findings when you get into your deliberations phase. We would just ask when discussing the matter focus on those items 1 through 8 so we very have a clear record as to what the issues are that the RPC has. As well as page 6 under Nye County Code 17.04.700 it is the Conditions and Safeguards for Conditional Use Permits we also wanted to ask that you as well, as well as findings 1 - 8 you also can focus your deliberations on these requirements which are required for a Animal Sanctuary and Animal Special Conditions. So those are outlined on page 6 so with that I will be glad to answer any questions that you may have.
Commissioner Hafen: Mr. Chairman I have a question.
Commissioner Hand: Commissioner Hafen
Commissioner Hafen: Thank you, Mr. Osborne on page 2 of findings it says “the conditional use will be a substantial improvement to the property and immediate vicinity and to the community as a whole”. What evidence and facts do you have if any to support that?
Mr. Osborne: Well that certainly is one of the finding that’s subjective in nature and you know it’s, it’s really not clear to what that improvement would be and that’s, it is a matter that is up to the commission each member to determine whether or not you felt that it was a improvement to the property and vicinity.
Commissioner Hafen: Thank you, thank you very much
Commissioner Koenig: Mr. Chairman if I may.
Commissioner Hand: I want to stay on this one for a second.
Commissioner Koenig: Yes, go ahead.
Commissioner Hand: How you can make a statement that involving a substantial improvement when you have no facts or findings?
Mr. Osborne: Well, um, anyway it talks about is an improvement to the community and the vicinity as a whole. Urn yeah that it is a difficult finding to make, make in some cases yeah we felt it wasn’t necessarily a urn, yeah that, that’s a tough finding to make and I don’t know that I can give you a very good answer on that one.
Commissioner Hand: Thank you. Commissioner Koenig.
Page 5 of 28 Commissioner Koenig: I have two questions. On Special Conditions of approval we added number 12, why did we, the applicant reports he’s not a business etcetera etcetera. So why does he need a business license?
Mr. Osborne: We made an inquiry of the Town of Pahrump business license office to ask them the question and they, that was their response. That this particular use in their view required a town business license. There are some uses that aren’t really a business such as a church that also require a town business license. I am not sure exactly how they arrived at that conclusion, but that was their response it did require a business license.
Commissioner Koenig: Second question was under findings number 3 Conditional Use shall not be hazardous or disturbing to the existing or future neighborhood uses. I am not sure how you can say it’s not going to be disturbing to future uses. If someone, someone owns one of those lots that butt up against it I would think it would be disturbing to them if they wanted to build a house there gonna wanna.
Mr. Osborne; I think that is why it would be important to have a condition that will limit the use, the time frame so that when the time frame comes up the expiration you can then again look at the area and how much has developed and if there’s plans for development that weren’t there before. And that’s probably why I think it’s a good idea to a some sort of time limit where the applicant has to come back and then you can renew the application again to determine whether or not to extend it.
Commissioner Koenig: I sort of agree with that argument however if you own one of those lots and in the future which is theoretically is tomorrow you decide you want to move to Pahrump and build a house and he was there I would think that would be disturbing to you and you probably would not want to build your home there.
Mr. Osborne: Yeah, that, I, that’s, that’s a good point.
Commissioner Parker: May I ask a question?
Commissioner Hand: Go ahead Commissioner Parker.
Commissioner Parker: It is my understanding that those lots, now correct me if I am wrong, but those lots immediately adjacent are too small for a well and they aren’t serviced by a utility. Am I correct on that?
Mr. Osborne: They are Y2acre lots you would be required to have a 1 acre lot to have a well and septic. Although you could theoretically combine two parcels into one, urn, and then if you did that you could get theoretically get approval for a well and septic. So
Commissioner Koenig: There is a house within view of my house that’s on a half an acre he has a septic, he has a big tank on the side of the house, he gets taxed for that, that tank gets filled up with water regularly so he gets around not having a well. There are ways to do it.
Mr. Osborne: Yeah I wouldn’t say they are unbuildable, I mean it is theoretically possible you could build on those lots.
Page 6 of 28 Commissioner Hand: Any other questions to staff, at this time?
Commissioner Hand: Are there any other agencies that have any comments? Guess not. Mr. Mitchell.
Karl Mitchell: Good day Commissioners.
Beth Lee: Please make sure the microphones are on.
Karl Mitchell: Push, Push alright. Good day Commissioners urn I am glad to be back again I guess is the best way to put it. Nice to see you all again. First off I would like to go directly if I could to the last question which was about the buildable or unbuildable status of the property that are directly adjacent to the subject property. That, urn, a half acre lot is theoretically a unbuildable lot unless you can erect a water tank and drag water in and do the old pioneer kind of stuff. Which I don’t know the county would approve, but that isn’t for me to say because really could care less nobody is out there turned a stick or uh done anything as far as to develop, put up a fence line, put up anything in the two years I have been on the property. I went to Utilities Inc. and they said it would be half a million dollars to bring water and septic there and that as it, that utilities developmentally driven a developer would have to come and buy uh you know set up a development and then put infrastructure for water. And that as it stands now there are no current plans, no one’s approached them they have no permitting. So there’s no plans for any kind of utilities to come to that property.
The issue, of someone’s rights to build a house or whether it would or not be, a good thing that’s subjective. I’ve had and, and this is really not, not my, the purview of this board. This board is about the land use and whether or not according to your system and process this is the correct spot for this to happen according to your staff and according to your rules that you made up, it is. The second part is if it is safe, you have animal control has been here, he is not here tonight because he was personally offended that you guys didn’t’ take his recommendation and you know pass this thing last time. Those were his direct comments to me. But at any rate it has been ruled safe and it has been ruled to be the proper place. And those should be the only considerations that you guys should really be involved with.
What may happen in the future, you know we might not be here according to the Mayan calendar December l2. You know what could happen, what might happen that’s really not within your purview, in my opinion. I think you know, to be right on the line your responsibility is whether it is safe or if it is the proper place for it. And there is one other point as we are a shelter under the terms of the NRS 574 and under your 17, chapter 17, a shelter is exempt from a Conditional Use Permit. We only come here to try to, in an effort to get along, but in reality we feel that if this issue went to a district judge, that we would be found that we would be correct and we are exempt. So I am just putting that out there for your guys to understand that. As a shelter we are exempt as a private person with a private shelter with these animals we qualify for this land use. There are five other facilities that do not have Conditional Use Permits because they are grandfathered. How you guys are gonna ever get control of that I don’t know and I don’t care its really not what I am here about. But I am not the whooping boy and I should be
Page 7 of 28 made the example because of issues that are outside of the purview and perimeter of this condition.
(Applause)
Mrs. Mitchell: You got it that was awesome. (laughter)
Mr. Mitchell: We have
Mrs. Mitchell: We have, we do have papers signed by a judge stating they we are a shelter not a sanctuary; we also have an application that we went to the utilities company and they, and we have everything you would want is right here.
Mr. Mitchell: Including the business license
Mrs. Mitchell: We have the business license. Here’s that, utilities, there’s the.
Mr. Mitchell: We have a few folks that have actually been to the property, who actually are not animal control or county employees and they might be able to give you some, personal, what are those now.
Mrs. Mitchell: This is stating from the judge that we are a shelter, this is from the utilities company stating that.
Mr. Mitchell: Basically what they are saying is that we would appreciate if you would move this along and issue a Conditional Use Permit.
Mrs. Mitchell: There is also, I am sorry.
Mr. Mitchell: Go ahead honey.
Mrs. Mitchell: There is also another property a mile from where we are that also have exotics.
Mr. Mitchell: They are grandfathered.
Mrs. Mitchell: And it’s, you know what I mean it is the same thing that goes to them it should to us.
Commissioner Hand: Let me ask you a question where are you getting your information that you don’t need a CUP for a shelter?
Mr. Mitchell: Well the information is all basically in your own the rule books which states what a shelter is definition of a shelter.
Mrs. Mitchell: In the NRS code 574
Commissioner Hand: Well I am looking at
Page 8 of 28 Mrs. Mitchell: and then your code said
Commissioner Hand: RH.4.5 Rural Homestead, permissive uses and it a shelter is not in that.
Mr. Mitchell: And it’s not anywhere in the code.
Mr. Osborne: Mr. Chairman I believe the DA’s office has reviewed this matter, I think Mr. Watkins.
Commissioner Hand: Yes Mr. Watkins.
Mr. Watkins: Thank you Mr. Hand, Chair Hand, I, I reviewed this with Mr. Mitchell at length about his argument about being exempt and he is absolutely not exempt under the law. Two or three times me and Mr. Mitchell have sat down on the same issue and butted heads and it is my final legal conclusion he is not exempt. There is no exemption for him.
Mr. Mitchell: With no, with no deferring to Mr. Watkins cause he is a nice guy but I believe that the ultimate decision would be made by a judge of competent jurisdiction and not the District Attorney on that particular, on that particular part.
Commissioner Hand: That isn’t for me, and
Mr. Mitchell: you’re clearly right
Commissioner Hand: Right now I am considering a Conditional Use Permit for it. Okay as an Animal Sanctuary, with special condition animals, that is what you applied for. Is it not?
Mr. Mitchell: No, that it is not.
Mr. Osborne: His application was for an Animal Sanctuary with exotic animals, Tigers which are special condition animals. That is what the application was that we received.
Mr. Mitchell: Sanctuary under the definition of Sanctuary would be a place that has ongoing activities people coming and going etcetera, etcetera and we are not that according to my reading of the definition.
Commissioner Hand: Okay do you have anything else?
Mrs. Mitchell: I just want to say again to that we did have Tim McCarty to our place on more than one occasion who absolutely verified and stated that it’s safe
Commissioner Hand: (inaudible)
Mrs. Mitchell: There’s room, the animals are on pad locked cages and a perimeter fence around it. The animals are not going anywhere, and that is all I’d like to say, thank you.
Commissioner Hand: Okay, Commissioners any questions to the applicant?
Page 9 of 28 Commissioner Goode: I have one
Commissioner Hand: Commissioner Goode
Commissioner Goode: This questions I am asking here is because of for protection of the community do you carry any type general liability insurance?
Mr. Mitchell: I do
Commissioner Goode: In case they do get out.
Mr. Mitchell: I carry a $2 million dollar personal general liability policy, have had it for many, many years. Besides that we have capture equipment that is provided by our veterinarian. Which may or may not be effective but we at least have taken the precaution of having it on hand. We have never had to use it in 20 years of having the animals we have never had to use any kind of capture equipment or darts or any of that stuff for our animals.
Commissioner Goode: Thank you.
Commissioner Hand: Commissioner Parker.
Commissioner Parker: Yes, urn why I can out to check you over I noticed that there were no homes in the immediate area. It was quite a distance to the closest house. My questions is do the people in that house have a problem with you having exotic animals?
Mr. Mitchell: Those people in that house actually have exotic animals and are grandfathered they don’t need a Conditional Use Permit because they were in that place before the enacting of this code. They haven’t voiced any opposition to me in any way, shape or form.
Commissioner Parker: Thank you.
Commissioner Hand: Any other questions from the Commissioners?
Commissioner Hafen: I would just like to make a point of clarification something that Mr. Mitchells stated. Mr. Mitchell you stated that this board it’s not in our purview to look into anything in the future. I just want you to understand one of the requirements is that we find facts or findings that this Conditional Use will be, will not be hazardous or disturbing to future or existing neighborhood uses. I just want you to be clarified on that this board does have to look into future items.
Mr. Mitchell: (inaudible) Thank you, thank you for the clarification.
Commissioner Hand: Anything else from Commissioners at this time. Okay we will move on to public comment.
Mr. & Mrs. Mitchell: Thank you.
Page 10 of28 Commissioner Hand: Okay we are going to open up public hearing at this time, there is a three minute time limit. Please state your full name and spell your last name for the record and we will go one at a time.
(Public Comment opened at 6:30)
Harley Kulkin: Harley Kulkin (spells last name) I start off with I was looking at these no’s and it is quite obvious that someone put something and everyone copied it in their own manner there is even one signed here from someone in Paris, France, you must be kidding me. As an elected official I know that people against things come out in a lot more force that people for, even though normally the for’s way more out weight the other. A little history lesson I used to be on this commission here and the Rural Homestead Zone is because of me. I copied the San Bernardino Rural Living Zone and I live on Rural Homestead. My intent when I came up with the zone it was a very permissive zone about the least amount of rules you would possible have and this property fits right in.
I heard some stuff here that you obviously don’t have experience on. You’re not hauling water to your house and because you don’t have a well. Health Department, State of Nevada never permit that and I know that cause I tried that many years ago when I was a young man and I didn’t have enough money for a well and I was trying to do everything I could to live on my acre of land. That wasn’t going to fly and I had come up with some money for a well. Those lots are in a service area, there 1/2 acre lots you, unless you go to the State and spend an awful lot of money and good luck and get out of that service area you’re not hauling water and you’re not putting in a septic tank. You have to wait till water and sewer comes up. Now if you have a bunch of millions of dollars I imagine the company that services the area would be happy to let you pay to bring it up like the person did down Blagg. But that’s the only way those area’s those houses are ever gonna get buildable. I went out there and was quite amazed, it’s, it’s pretty removed from any neighbors and I was surprised those animals paid no attention to me. I thought I was a tasty morsel and they didn’t pay attention to me at all. When I go to anybody’s house with a dog, boy they are right there at the fence whether they want to bite me or lick me but these guys didn’t pay me no attention at all. They are obviously well taken care of and just like you know, we all know that you go to someone’s home you try to pet a dog on his head and uh he kinda ducks you know that maybe that dog’s be abused. These animals are obviously very well taken care of and happy in their environment and like I said when I went to visit some other people that paid no attention to us what so ever.
I envisioned Pabrump as being a town that has a lot of unique things to draw tourists too. And I get a little tired of the no, no, no, no, no all the time, no, no, no, no, no. This fits right in to our environment here. That’s a Rural Homestead Zone like as I said. It’s like moving next to an airport; don’t be complaining about the airport it was already there. And if you chose the zone to move into than you understand. I always supported the zoning because as an example the way I live the people in the Winery wouldn’t want me living next to them. That’s what zones are for, organization not elimination of life styles.
This guy isn’t trying to put something in a zone that doesn’t belong; he is trying to put it where it does belong. A Conditional Use Permit is a perfect example of doing things to
Page 11 of28 help people out. Up above me where I live on the north end, there’s a guy way up the North of me that has what I would describe as a scrap yard. Well I may not want to live next that right, if I was gonna buy, live next to it but he has a Conditional Use Permit. He’s out in the middle of no one, nowhere, no one’s living next to him and no one cares. That’s the idea of a Conditional Use Permit, to give a guy a time to do something in a time that nobody else cares right now. You know, in the future you know, if somebody want to complain, err, somebody brings water and sewer in there things start changing, well hey, maybe uhh you changed ‘em. I don’t imagine those half acre lots are Rural Homestead so you, there’s another problem you got, I don’t know if for sure, but I am just assuming that, uhh, you’ve got one zone butt’en up next to another one is a little unusual. But the property values being affected, impossible; those lots are worthless now you can’t build on ‘em. And there’s plenty of lots around here you can build on that there for sale and they haven’t even sold so. I couldn’t imagine how you could possibly be against this, it just doesn’t seem right. And like I said I read all these things, all these complaints, that is one person telling everybody here copy this and send it in with your name on it. Paris, France somebody come on give me a break.
(Applause)
Becky Calkins: Never been to a meeting I’ve lived here 12 years, (laughter) I would like to express that.
Ms. Lee: Please state your name for the record. Thank you.
Becky Calkins: Oh, Becky Calkins (spells out last name) I love Pahrump and one of the most beautiful things I’ve ever seen here was those tigers. And you talk about beautification, you just go out there and see it, it’s there. I mean, in this desert you to look for beauty I had to look for years, I mean I cried for a year when I moved here. There is so much beauty out here and those animals are so gorgeous and so well taken care of. We need to know if Pahrump can handle something like that, not Vegas that’s totally different. I don’t want to compare Vegas with Pahrump to have that out here. I want that out here so people can see those beautiful animals, and they are very beautiful and very happy. I am excited to be here (laughing) I work for a public place, everybody knows me. But I come here to support those two people cause they work very hard out there. And when I was out there I could not believe how beautiful it was. And really that is all I have to say, cause I heard that beautification couldn’t be explained. If you go out there it’s explained, it’s there. I just hope it goes through for these guys we are here to support them I think it’s an addition to Pahrump. And it might hit the news paper in a positive way instead of in a negative. That’s what we are after is positive. Like Harley Kulkin said we need a positive here, let’s make it happen. Thank you.
Commissioner Hand: Thank you.
(Applause)
Fred Rogers: Fred Rogers (spells last name) I would just like to make a comment on the security.
Commissioner Hand: Could you move closer to the mic please?
Page12 of 28 Fred Rogers: On security and the safety. For the past thirty years I have been considered a security specialist, that was my job in the military. And the only comment I would like to make is that I strongly feel the place is very secure and safe. And I would like to say the tigers are beautiful. Thank you.
Commissioner Hand: Thank you.
Audience: Shall I?
Audience: Yes, go ahead, positive.
John Bushko: Don’t know if I am comfortable sitting, but Hello I am John Bushko, I volunteered on my own free will to help Karl any way that I can.
Commissioner Hand: Can you spell your last name for us please?
John Bushko: (spelt last name) Bushko, when Ray’s brother died, Ritchie, Ray was taking care of the property and 1 was renting from Ray. This is in the fall of 2000 or summer of 2001 right in there. He asked me if I would water and do things up at the property so I have been up at his property caretaking for many years. And virtually except for the airline pilot Ainsworth behind us the place is relatively been unchanged since then, and I have put a lot of time and effort and other people and Ray and money in making this a beautiful property. When Karl needed a place to bring his animals we got together and decided this would be a very nice location, the perfect location for him. It’s green and it’s a big secure lot, and water feature and it’s just a beautiful place. And I have worked there a long time and I worked with the animals with Karl and I think it is just a wonderful beautiful situation. And I think it’s a positive thing for Pahrump all the way around. So and I, been doing this quite awhile now with Karl so, I’d hoped you see things in a clear light. I am glad some of the people here a chance to go up and see it and see what I was talking about. I think everybody should get a chance to do that cause here in Pabrump you know you don’t expect to have an experience like that. Thank you.
Commissioner Hand: Thank you.
(Applause)
Martina Bernstein: (spelt last name) I am here as a concerned citizen personally and also here for PETA, People for the Ethical Treatment of Animals. What has happened here, what I have noticed with the comments and also in the staff report is that we are treating this applicant and this application as if it were a blank slate. In this case Mr. Mitchell isn’t a blank slate he has a history.
Commissioner Hand: I am going to stop you there. This is a Land Use item okay, and this has nothing to do with the history of the applicant and I will not accept testimony to that. If have testimony dealing with the land use or the Conditional Use Permit I will hear that but I will not hear background information on an applicant that is not what we are here for. That is not our jobs.
Page 13 of 28 Martina Bernstein: Understand Chairman Hand. The point I wanted to make is because the Commission is entrusted with making sure there is no hazards and that the permit that it will be issued will not pose a safety hazard. And the point, the only point I intended to make with respect is that sometimes tragedies happens and tragedies happen without people having notice of the danger.
In this case the current situation, the current manner in which these animals are kept, the fencing alone is insufficient and it’s half the height of what fences for these dangerous predatory type animals should be according to the National Zoo and Aquarium Association. So it is currently a dangerous situation and it is a risk of hazard to this. But there is another problem and the staff report points out that one of the focus of the Commission will be the requirement of an Animal Sanctuary. In the zoning code in its definition of Animal Sanctuary, requires that it is a licensed operation with its primary purpose being the care and comfort of animals.
It is in the staff report which has the definition on NCC 17.34.110. Animal Sanctuary and establishment owned or operated by a profit or nonprofit organization whose primary function is to provide lifetime care and in comfort to animalsin this case there can be no finding that this is the primary function of this business. The primary function of this business is to raise funds by using these animals for the entertainment of visitors.
I check the website today and still today it says “Come out and have an experience with these animals for a $500 donation.” The animals are being used for props for photo shoots for photo opportunities. This is a business less there be any doubt their primary function is not to provide the comfort for the animals. There have been numerous violations of animal welfare violations. And to that extent (inaudible from audience) that is relevant because in order to meet the definition of an Animal Sanctuary the primary purpose has to be to provide lifetime care and comfort for animals. And that finding I believe, your honors has not been made and cannot be made.
Commissioner Hand: Okay, your time limit.
Martina Bernstein: Thank you.
Commissioner Hand: Thank you.
Good evening Ana Madrid and Frankie Mendez: (spells last names for record)
Frankie Mendez: It has been proven animals in captivity have longer life spans. Karl and Kayla Mitchell have provided constant, responsible care for these tigers. If these large cats were to be released into the wild statistically only two are guaranteed to survive. Karl and Kayla are providing a great service to the animal kingdom, preserving of the tiger species. Currently there are less than 10,000 Bengal tigers in the wild. In the last 70 years three tiger subspecies have become extinct the Bali tiger, the Javan Tiger and the Caspian Tiger. The tigers in questions tonight have never posed a threat to the public. However everyday humans pose threats to each other. Us as humans are more lethal to ourselves that Karl and Kayla’s tigers. Please ponder that for a moment.
Page 14 of 28 Mr. Karl and Kayla that you for your dedication and service you fight daily for these exotic large cats. I for one am so grateful for you. Frankie Mendez, large cat fanatic.
Ana Madrid: I would just like to add that when we visited Mr. Mitchell’s property and when she I first heard of Mr. Mitchell I was, I feared thinking that there could potentially be an animal on the loose that could you know attack somebody. When I was on his property even though I was up and close to these animals not once did I feel threatened or afraid. I did notice they have a large perimeter fence; the tigers are enclosed with a second perimeter fence around them. They seem to be happy, calm there was a clean cages they didn’t seem a threat to me. And I for one visiting the place with my child, safety was my number one concern so I would just like to state that for a fact I did feel safe and I feel that if people have a question or if they would like to see that for themselves I am pretty sure Mr. Mitchell wouldn’t be imposed to having people to see it for themselves to feel safe to feel as we did. And I think it was a great educational experience for my son who for one is a fan of these animals and I think he is doing a great job. Thank you.
Commissioner Hand: Thank you.
(Applause)
Good evening, Good evening my name is Debra Aitken, I too sometimes volunteer
Commissioner Hand: Can you please spell your last name please?
Debra Aitken: Aitken (spells last name)
Commissioner Hand: Thank you.
Debra Aitken: I sometimes volunteer up at the Sanctuary, I am not there on a daily basis but, I have never seen where the tigers have tried to escape or get out or anything on that order. Everything has always been clean and in order. Also I have noticed from time to time they’ll be people in the area outside and Karl’s always been really, he’s really on it on going and taking to whoever is outside the perimeter and asking who are you why are you here, he not intimidating them necessarily but for the safety of the tigers as well and the people just to check. So the interior is very safe, I have never felt uncomfortable or anything and outside the cages and the fencing he’s also very careful about that I just wanted to bring that out cause that seems to be a major issue these days. Thank you.
Commissioner Hand: Thank you.
Good Evening, first of all I want to thank you for reconsidering on this one, last time it was a tie vote and I talked with Charlie Watkins and expressed to him maybe another hearing here could persuade some.
Charlie Watkins: I’m sorry me could you identify yourself for the record?
Audience Member: I will.
Page15 of 28 Charlie Watkins: Thank you.
Certainly, I am the owner of the property, my name is Ray Mallow Mielzynski, you spell Mielzynski (spells out last name).
Mr. Mielzynski: First of all just to comment some that some of the things happening her. I have dealt in real estate for many years as a FSBO, for sale by owner. I know what it takes to set up a piece of property. You sir were in real estate and I think you will agree with me, it isn’t easy to put improvements on a piece of property. Out here that have an occupancy permit where the power company will not establish power until you have a well and septic in or at least contracted in and the money paid. There is no way to get power to these properties even though I have power on all the adjoining properties. They cannot hook into my line. So if someone wants to really rough it they can live on their lot. As Harley mentioned they can haul the water and get into some kind of problem as that goes. It is miles away from any improvements that are coming in as far as water and sewer. The bond was set up by Central Nevada Utilities, not Central Nevada, I’m sorry, by Preferred Equities and their subdivisions. Years ago and they never complied with bringing power to these lots. 1984 was the year that they were supposed to be serviceable and it is still not happening. I don’t know if the money is there or not there or whatever. Just to bring that point across. This property is secluded it’s pristine the adjoining lots most of them, with the exception of the 20 acre lot next to this, are all owned by people either out of state or are unbuildable lots. The 20 acres next to it was owned by my brother Ron who’s deceased and a neighbor bought that property. The neighbor is now deceased and there is nobody living in that area I think there was a caretaker half a mile up the road. As far as safety goes, this property besides being pristine, as my brother set it up as an animal rescue type situation. He took care of any animal he could on that property. That was his goal. He passed away in ‘99.
As far as safety Karl has it set up in a safe way and I wouldn’t have it any other way. I am a well to do human being and I am in jeopardy if something happens there. He has his $2 million dollar policy, plus I have insurance on the property myself, a smaller amount $100,000 dollars. As far as the insurance goes the property is protected by both Mr. Mitchell and myself. And I, when Karl was first being run out of town basically that’s the crust of the matter. I volunteered to let him use this property.
Johnnie Babuska, Johnnie Bushko stopped talked to me and said Ray, Karl’s gonna go to Texas. He just has, he’s had enough over here to run him out of town. And I said alright live on this property. I’m not making any money on this. I’m not collecting rent from. The only money that’s involved is, I had a caretaker there that I promised to let her live if she took care of the property. Let her live there for free. Karl needed that mobile home he’s paying her rent so she is outta that property. He does take care of any improvements on the property. If another well has to be punched Karl’s gonna do it. If the roof is leaking he takes care of it. That’s my only advantage. I still pay taxes on the property, pay the insurance on the property and I take care of most everything. I inspect it occasionally and everything is pristine. There is no jeopardy in my opinion on this property. And I would hope that maybe tonight you reconsider and give them 3 years to prove himself or disprove himself and let’s get this endangered species save these 8 tigers right now and not talk about it as far as a negative as a positive. We are doing something good for the community and for the entire world. Thank you very much.
Page 16 of 28 (Applause)
Commissioner Hand: Do I have anymore testimony?
Tim Mc, Tim McCall, (spells last name). I’d like to speak to the issue of the properties in that vicinity, under 4, substantialimprovementto propertyin the immediatevicinityand to the community as a whole. This would be, I think negative to the half acre lots. Bet they aren’t worth a lot of money now but they are still being bought, sold and traded. There are people that do intend to live out there in the future. You could go and get a revisionary map, go to the state and get a temporary well until such time services are available.
So this would be somewhat detrimental to those property owners. The same with the hazard issue I would not like to see somebody put a house in the area have 3 or 4 kids’ and one of these cats loose; it is also an attractive nuisance to kids living in that area as well as young adults. So property issues are my main thing. I’d like you to consider that. Oh, one other thing in real estate anybody trying to sell this property would have to disclose a potential hazard so there’s another issue. Thank you.
(Inaudible comment in audience)
Commissioner Hand: Are there any other public comments at this time?
Okay, thank you.
Mr. Mitchell: Just a, in closing not to keep layering, first of all Ms. McCall that’s your mom, your dad right? Okay. I just wanted to be sure everybody discloses that the man that just made his testimony, his daughter sits on the commission and he has expressed an opposition to it so I would ask she would not vote simply because her father has already been caught on the record in opposition to this and that’s very difficult for anybody to try to say that isn’t germane. Uhm, second of all, cause that really did, that’s like crazy you gotta be kidding.
Commissioner Hand: Excuse me I am going to address you here myself
Mr. Mitchell: Okay
Commissioner Hand: It’s every body’s right to make a public comment.
Mr. Mitchell: It’s every body’s right, yes.
Commissioner Hand: It’s every body’s right to make a public comment whether you agree with it or not. If his wife made a comment you would say for you would you, tell me to get, to be dismissed?
Mr. Mitchell: No, if your wife made a comment I would ask you to abstain from the vote to show you were not biased in any way, shape or form or affected by your fam, familier ties. That’s what I would ask.
Page 17 of 28 Commissioner Hand: by that by doing than you are trying to bring up that I have no character. Is that what you are saying?
Mr. Mitchell: What I am trying to do is eliminate the question of whether or not you have character. That’s the question.
Commissioner Hand: I, had at the beginning of the meeting, I asked if there were any conflicts of interest. There were none so therefore there are no conflicts of interest.
Mr. Mitchell: She, did she know if he was going to speak on this topic?
Commissioner Hand: I don’t know if she did or not.
Mr. Mitchell: Okay, it’s just on record, so that as we move along that you know points had to be made on the record so that people understand when they are talking about biases and things like that, so. Okay and the next point being that, urn, the volume of the number of people that come and ask you know for you to issue a Conditional Use Permit for the proper land use that you listen to them and listen to the word of the 12 year old boy or 14 (asks someone in audience, How old is)
Audience member answers Frank, he’s 14.
Mr. Mitchell: 14 year old boy. Who is able to reason on his own and I would also ask that you follow the recommendations of your staff to approve this and move it on so that we can go on to the next level. Okay, thank you.
Commissioner Hand: Thank you.
Commissioner Parker: I, I have one quick question.
Commissioner Hand: One second.
Commissioner Parker: I have one question since the topic of fencing has come up. One email that I got said that, that a falling down wooden fence wasn’t gonna protect anybody from tigers. Is that your main fence?
Mr. Mitchell: We don’t have a falling down wooden fence we don’t have any fences constructed of wood period on the property. The perimeter fence is constructed of steel, metal, chain link and it is approved for the height per Nye County code. I could go to the AACPA, or I could go to anybody and who says, Fred for example could tell ya 20 ft fence is, be enough for a prison but not high enough for animals. Or you could say a 12 foot fence is high enough, it is all subjective. The point being that we are up to county code and it has been inspected and shown to be safe by using the standards we use to evaluate properties for this kind of an operation,
Commissioner Parker: Well do you.
Mr. Mitchell: And none of our fences are made of wood.
Page 18 of 28 Commissioner Parker: Do you, urn, I am asking this question because I know the answer, but uh, there has been talk that your fences aren’t high enough, but if the top of the cages are all chain linked in is the height of their cages really an issue?
Mr. Mitchell: No, the facts are that they’re enclosed, completely enclosed top, front sides front back and that there is shade on top of the top so that this chain link material that is bolted and fastened and it was originally Mr. Jones, he approved it actually and instructed Tim McCarty on that. That was Brent Jones came, looked at it and said it’s the proper stuff and approved it. So as far as you know, with the three year Conditional Use Permit is going to be hard to invest big money into higher fences if we have a Conditional Use Permit for the length of time that we will want to be there we would probably put $100,000 in fencing to improve the conditions for the cats, but we won’t not be able to do that the Conditional Use. So it is just something we are planning to do in the future. Thank you.
Commissioner Hand: Anyone else?
Mr. Mitchell: Thank you.
Commissioner Hand: Do you have something for Mr. Mitchell?
Commissioner Hand: Okay at this point I will close public hearing. Commissioner’s deliberations?
(Public Comment closed at 6:59)
Commissioner Hafen: Mr. Chairman?
Commissioner Hand: Commissioner Hafen.
Commissioner Hafen: It’s, it’s my understanding from staff that it’s our responsibility to provide enough evidence for these findings in here to approve this. One of the concerns that I bought up prior was that this condition will be a substantial improvement to the immediate, the property in the immediate vicinity and to the community as a whole. I still don’t know that I’ve heard evidence that supports that. There is a statement saying that it will be however I don’t have any evidence in front of me.
Commissioner Hand: Well I am going to tell you how I am thinking right now. If we have all these properties that were 18 acres around here and stuff I wouldn’t hesitate okay, but that’s the case. We have hundreds of properties within 3/4 of a mile from here, we have 74 properties within 500 ft, we have 20 properties that border on this property. Twenty, okay it may not be buildable but there are people that own those they invested in those. And some of the things that we on the commissions has to look at is conditional use being designed and everything for existing and the intended character of the general vicinity. An Animal Sanctuary wasn’t in the general vicinity when these hundreds of people bought this property and that still own it and that still pay taxes. And also we have to also make sure it isn’t hazard, hazardous or disturbing to existing or future endangering uses. That’s the same thing. So that right now is my hand up. Is we have all these people that own all these lots that, that’s not what they bought in for. Like I said if
Page 19 of 28 we had RH-4.5 all the way around it wouldn’t be that we have to look at the other property owners also.
Commissioner Hand: Any other discussion?
Commissioner Parker: I just think we should also consider the fact that there already are existing exotic animals there. Would the addition of more, make that big of a difference? I don’t know.
Commissioner Hand: Are they bordering the property?
Commissioner Parker: His closest neighbor has exotic animals. That’s what he said.
Commissioner Hand: Okay, but are they bordering?
Commissioner Parker: I don’t know.
Mr. Mitchell: Yes they are.
Commissioner Hand: We’re talking this is Calvada North.
Commissioner Parker: Ask, ask, ask him if. Because I don’t know where the border is.
Mr. Mitchell: They are. Those, that property runs along the front Leslie but backs up to the start of those Calvada half acre, quarter acre, all that right around there. So yes their properties back right up to it. It is a nine acre piece of property.
Commissioner Hand: Thank you. Any other deliberations?
Commissioner Hafen: Yes Mr. Chainnan.
Commissioner Hand: Go ahead Commissioner Hafen.
Commissioner Hafen: Sorry. I am looking at the staff report at all the properties on the Land Use Matrix on page two. There isn’t a single property that abuts this property, this specific property that is considered to have a Sanctuary or Rescue. I don’t find how this other property that’s somewhere else in the vicinity has any relevance to the adjacent properties.
Commissioner Parker: It’s grandfathered in.
Commissioner Hand: It’s, it’s not adjacent to the property it is down the road, North and West. It’s, it’s not on the matrix or it wouldn’t be adjacent.
Commissioner Hand: Anything else? I’ll entertain a motion.
Commissioner Parker: I’ll give it a try. Let’s, uh, approve Conditional Use Permit, CU 12-0007 based on staff findings and the conditions for Animal Sanctuary and special conditions.
Page 20 of 28 Commissioner Hand: I have a motion. Do I have a second?
Commissioner Koenig: I’ll second it.
Commissioner Hand: I have a motion and a second. Starting Commissioner Parker.
Commissioner Parker: Aye
Commissioner Koenig: Nay
Commissioner Hand: Nay
Commissioner Hafen: Nay
Commissioner Goode: No
Commissioner McCall: Nay
Commissioner Hand: Conditional Use Permit is denied 5 - 1.
(End of Karl Mitchell CUP liem)
Commissioner Hand: Discussion and Direction Concerning Items for Future Meetings and Workshops; Set Date, Time and Location of Future Pahrump Regional Planning Commission Meetings.
Commissioner Parker: I have got something I want to talk about. I have something here.
Commissioner Hand: Hold on just a second
(Inaudible conversations in the room)
Commissioner Parker: I would like to talk about the findings #4. It seems to have been a problem and we never really looked at this with substantial improvement, because my goodness we just, we just approved was it at the last meeting a lady allowing her to live in her RV. That certainly wasn’t a substantial improvement to the property and the vicinity. We have never looked at this item that closely before and maybe we ought to discuss this in future. Because a, a good deal of what we have isn’t a substantial improvement to property, things that we’ve approved.
Commissioner Hand: Than we would need to look at
Commissioner Parker: That part of the Nye County Code as we can’t change it but we can make recommendations.
Mr. Osborne: Mr. Chairman you can changes if it is something that needs to be clarified or expanded on and you know we can do a code amendment, to address that issue. So it is something that maybe we would want to look at in the future.
Page 21 of 28 Commissioner Parker: It seems capricious. Cause I have been on this board for quite, a several years and this is the first time this has been used as a basis for denying people and when, when some of the things we have approved have not been substantial improvements in fact they haven’t been improvements in the neighborhood at all. I feel we are being arbitrary and capricious in this case, and so I think we need to look at this very carefully.
Commissioner Hand: I don’t think anything was denied or held against it. (Inaudible)
Commissioner Parker: It was brought up several times as part of the findings.
Commissioner Hafen: Mr. Chairman if I may (inaudible)
Commissioner Hafen: Are we opening this up back up for discussion or are we trying to discuss things on the future meetings? It appears to me we are trying to discuss.
Commissioner Parker: That’s direction to staff.
Commissioner Hand: This we’re talking direction to staff. Commissioner Parker feels maybe we should, we should look at Nye County Code 17.04.920.
Commissioner Parker: Yep, because if we’re going to give a Conditional Use, Use Permit to somebody living in an RV in a residential neighborhood that, that definitely substantial improvement in the neighborhood. So, w need to be consistent here so if we need to change the wording to be consistent.
Commissioner Hand: Mr. Watkins.
Mr. Watkins: Just from legal counsel, Chairman Hand somebody that is living on a piece of property and using it opposed to being vacant can be a substantial improvement to that property. I think that is a legitimate finding that could be made.
Commissioner Hand: Thank you.
Mr. Watkins: You’re welcome.
Commissioner Hand: Would you like to direct staff or make a recommendation to staff.
Commissioner Parker: I would, I would indeed yes, because this could be a hang up on quite a few things.
Commissioner Hand: Okay, are you talking about all the findings or just number 4.
Commissioner Parker: Number 4. I’m willing to have them look at all of them.
Commissioner Boraskv: Mr. Chairman if the board should come up with things in the code that they don’t agree with you can forward to the County Commissioners and we can change that.
Page 22 of 28 Commissioner Hand: Steve would you like to look at this?
Mr. Osborne: Yeah, if that is what members would like. Do you want us to look at all of the findings 1 8? And see if there is any.
Commissioner Hand: Do I have a motion for the staff to look at?
Commissioner Parker: I would like to make a motion to start with number 4.
Commissioner Koenig: Second.
Commissioner Parker: Aye
Commissioner Koenig: Aye
Commissioner Hand: Aye
Commissioner Hafen: Aye
Commissioner Goode: Aye
Commissioner McCall: Aye
Commissioner Hand: 6—0. Steve can you take a look at that?
Commissioner Parker: Substantial improvement is tough.
Commissioner Hafen: It’s very tough and it’s our board’s duty to look at the evidence that is provided to us and have justification to approve it.
Commissioner Parker: Yeah, and we haven’t been doing that on certain items.
Commissioner Hand: I would like staff to. Do you have those hand outs?
Mr. Osborne: Yes. There is a hand out that is coming around now. This was an article that was in the Las Vegas Review Journal newspaper last week and it talks about the exact issue we just dealt with. Clark, Clark County they used to handle, or they currently handle exotic animal issue exactly the way we do in Nye County which is as a land use issue, a Conditional Use Permit. They have changed their code, or their recommending to change it to make it more of a license so they that can review the owner’s qualifications and those kind of things. So, it’s something that maybe worth discussing.
Commissioner Hand: What they, what they did was basically made it more of not just a land use item they made it to look at for land use and everything else. Is that not correct?
Mr. Osborne: Right. They, they looked at one of the things is verify the education expertise of somebody that wants to own exotic animals that’s something we don’t have now. But yeah, those, there’s like about 7 bullet points there things that they want to do.
Page 23 of 28 Commissioner Koenig: They are basically trying to change it to include things such as, I don’t, I forget their name but.
(Inaudible from the audience)
Commissioner Koenig: What you were trying to talk about before which we can’t talk about here because we are land use strictly but. Clark County wants to do is get into the background of the people who are going to have the animals, how they treat the animals’ etcetera, etcetera.
Commissioner Hand: Qualifications.
Commissioner Koenig: Qualifications. I think it is a great idea because it means more to him than anything else does. Does that go back to your belly work staff or not?
Mr. Osborne: I think we could propose something to the BOCC, go through the DA’s office and work with them to come up with something, we could propose to the BOCC we can let them know the RPC has discussed this and feels that this is something that is important and something they should consider and we could see what the board says.
Commissioner Koenig: I make a motion, that staff look at the way Nye County treats exotic animals, or at least the upper seat treats ownership and use of exotic animals and consider maybe treating it more as Clark County is going to treat it and bring that to the Commissioners and see what they wanna do.
Commissioner Parker: Will that also apply to all the grandfathered in ones then? Which means could you pull permits off of grandfathered ones. That’s a question for Mr. Watkins.
Mr. Watkins: At first blush I would say no, I think that they probably have a constitution of protected interest in that grandfathered. But without actually doing the research I can’t give you a definite answer.
Commissioner Parker: So actually then we would be coming up with something aimed at just one person, Mr. Mitchell correct?
Mr. Watkins: I
Commissioner Hand: No
Commissioner Koenig: That’s not the intention.
Mr. Watkins: I think the general law would be for the whole community.
Commissioner Koenig: That’s not the intent of my motion. This is looking toward the future. Mr. Mitchell will do what Mr. Mitchell wants to do. But when there’s another Mr. whatever that wants to come here they would have to go to the Commissioners instead of
Page 24 of 28 the RPC they will get examined as to their background and their suitability to take care of an animal versus the 50 acres so they can be there.
Commissioner Parker: No offence to Commissioner Borasky but do you really feel that the Commissioners would be in a position to be able to judge the qualifications of somebody or do you think it should be through Animal Control or someplace else?
Commissioner Koenig: Animal
Commissioner Parker: No offence, no offence Mr. Borasky.
Commissioner Koenig: Animal Control reports to the Commissioners as part of their job.
Commissioner Parker: inaudible
Commissioner Koenig: They’re going to get this one anyways and they can’t decide on whether it is qualifications till later on. I don’t know if his qualifications are right or not I have a lot of here say information that says one thing. It’s here say.
Commissioner Hand: We don’t look at here say
Commissioner Hand: The reason I brought this up is I am going to be very honest with you. I feel with Clark County cracking down
Commissioner Parker: They’re going to come here.
Commissioner Hand: They’re gonna wanna come out here. Okay, I think we need something very solid where when someone comes it just isn’t a land use item, okay. That’s exactly what we have at this point is a land use item. Clark County their Commissioners have taken in where it’s permitting and they take in to account land use and land laws are considered and verify the education (inaudible).
Commissioner Parker: I think the states gonna take it over.
Commissioner Hafen: Mr., Mr. Chairman. Is this something we would want to add to County Code 17.04.700 A 252 under Animal Sanctuaries or 253 Animal Special Conditions which are, you know, safeguards that this board shall use in deciding upon the application. I hear that you don’t want what the County Commissioners would use. Or is this something the County Commissioners would prefer this board to use?
Commissioner Hand: This board can only look at is Land Use, okay. It’s all you can look at is land use. We can’t look at anything else. There’s more; in the future there’s other things can be looked at.
Commissioner Parker: Although we are looking at more than Land Use because they have to be vetted by Animal Control already, so I think Mr. Hafen is correct. In that you could be adding more conditions for Animal Control to investigate. But we have to rely as would the Commissioner on somebody with expertise in that area, we haven’t got it.
Page 25 of 28 Commissioner Hand: Well it was just an idea.
Commissioner Parker; I am not arguing with you.
Commissioner Hand: Someone looked at it.
Commissioner Koenig: I have a motion.
Commissioner Hafen: I second the motion.
(Laughter)
Commissioner McCall: Aye
Commissioner Goode: Aye
Commissioner Hafen: Aye
Commissioner Hand: Aye
Commissioner Koenig: Aye
Commissioner Parker: Did we ever make a motion?
Commissioner Koenig: I made the motion.
Ms. Lee: He made the motion.
Commissioner Parker: Aye
Commissioner Hand: We’ll look at it.
Commissioner Parker: Never hurts to look at it.
Commissioner Hand: And all we can do is if you see something you like or don’t like just recommend it up the chain, and it’s up to them.
Commissioner Parker: The way it looks now, it looks like it would be impossible for anyone to ever get a special permit for exotic animals it’s because there’s always going to be a lot adjacent to it that it would negatively affect. So, maybe we just need to outlaw future ones if it is impossible for them to get permits.
Commissioner Koenig: The State may do that for us.
Commissioner Parker: That’s what Ijust said.
Commissioner Hafen: Mr. Chairman?
Page 26 of 28 Commissioner Koenig: Then what happens to the grandfather clause?
Commissioner Hand: Commissioner Hafen
Commissioner Hafen: Thank you. I was just wondering if the board would also like to have a legal opinion from the District Attorney’s office on whether or not if we move forward with adjusting the County Code whether it should be these items in the future should go to the County Commission or the Regional Planning Commission.
Commissioner Hand: That was part of his motion.
Commissioner Hafen: That they would look into it as well? I missed that part. I apologize. Thank you.
Commissioner Hand: Anything else for future. When’s our next meeting?
Ms. Lee: September th12
Commissioner Hand: September At this time I will open up the floor for public comment.
Harley Kulkin: (spells last name) With all due respect I saw some awful closed minds here tonight. Mr. Hafen you said you needed a justification to approve, I thought you needed a justification not to approve. CUP is just that, it’s a temporary permit and you could have imposed any type of conditions you wanted too.
Commissioner Hand: I’m gonna stop you Mr. Kulkin the public comment is for items that are not on the agenda tonight.
Mr. Kulkin: It has already been voted on and you discussed it afterward.
Commissioner Hand: We discussed it as a commission for a future item. If you have something to say that has not, has something not to do with the agenda item go ahead.
Mr. Kulkin: I have to say that I would really like to see a lot of progress happen in Pabrump and when we have closed minds, and then your attitude should be how I can make this happen, that’s my attitude when I do things, not how can I stop this. And that is what I saw tonight. I’m tired of talking to people that want to do business’ here, want to do business here and, constantly get hurdles and run off I know some of the problems are the County laws that you have to follow and some of it’s the attitude. And it’s not changing I know that the Town Board gets blamed for lots of stuff that comes under the jurisdiction of the County. The town board is only responsible for the ambulance, fire, cemetery and parks. And most of the complaints that people have are because of what comes out of this board and what comes out of the County, and it needs to stop. And you don’t want me to talk about it and that’s fine. But, when I hear things like people from Vegas be coming out here to do the same thing, oh really. Whelp, I’m just wasting my
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