Washoe County Animal Control Board 1. CALL TO ORDER/ROLL CALL [Non-action item] Chair Simmonds called the meeting to order at 2:00 p.m. A quorum was established. PRESENT: Trudy Brussard, Elaine Carrick, Linda Church, Richard Simmonds and Tim Stoffel. ABSENT: DRAFT of Minutes Thursday ~ ~ 2:00 p.m. WASHOE COUNTY REGIONAL ANIMAL SERVICES CENTER CLASSROOM 2825 LONGLEY LANE, RENO, NEVADA Paul Davis and Kathryn Hass. Herb Kaplan Deputy District Attorney, was also present. Chair Simmonds outlined meeting protocols and explained that public comments would be limited to 3-minutes, whereas an applicant may be allotted some additional time. Chair Simmonds asked that cellular devices be turned off or silenced. Additionally, while the ACB may not engage in discussion of item addressed under Public Comment the board may ask that topics be added to a future agenda for discussion. 2. PUBLIC COMMENT (Non-action item) There were no public comments. MEMBERS Richard Simmonds, Chair Elaine Carrick, Vice-chair Trudy Brussard Linda Church Paul B. Davis Kathryn Hass Tim Stoffel 3. APPROVAL OF DECEMBER 13, 2016, MINUTES [For possible action] Hearing no public comment, Chair Simmonds asked for Board discussion or a motion. It was moved by Member Stoffel, seconded by Member Church, to approve the December 13, 2016, minutes, as submitted. The motion carried: Members Brussard, Carrick, Church, Stoffel and Chair Simmonds assenting; Members Davis and Hass absent. 4. KENNEL PERMIT APPEAL HEARING [For possible action] A review discussion and possible action to approve, deny to otherwise modify a kennel permit to allow Doug Kyler to keep four (4) dogs at 11360 Cervino Court, Reno, Nevada (City of Reno). Cynthia Doak - Regional Animal Services, provided an overview of the application noting that letters of objection had been received (copies on file) and that the premises has been inspected. However, the kennel is not yet constructed as the applicant is waiting to be sure the permit is approved before moving forward. The kennel drawing has been approved. Officer Doak explained that all vaccinations must be up-to-date before the permit will be issued. Officer Doak then outlined the multiple notations explaining that the responses are follow-up responses on previous actions which may be caused by the need to leave notice when the resident is not home. Therefore, one incident may result in multiple follow-ups. Officer Doak explained that she had not personally inspected the property and could not comment on whether there was any odor, pointing out that the Officer had not
Page 2 of 7 noted any odors during the inspection. It is hoped that the responding officers will be able to attend future meetings to answer questions in greater detail. Officer Doak noted that a welfare visit indicated that there were only three (3) dogs on the property. However, a subsequent visit identified additional dogs on the property. Chair Simmonds opened the public hearing noting that the applicant was not present. Nate Isensee outlined his concerns about the number of animals and the safety of his two small children. Mr. Isensee explained that he and his family had experienced the odors and that the dogs had entered his backyard multiple times in the last year. Mr. Isensee explained that, in his opinion, the dogs are not well socialized and that the dogs have fought with each other in the past. Of particular concern is that the animal may bite without provocation or warning and that a new fence has been installed that Mr. Tyler shared in the replacement costs. Officer Doak outlined the requirement of WCC (Washoe County Code) when a permit is found in violation of code. Officer Doak emphasized that while an applicant s home may be used as the kennel, animals cannot be outside without an adult present to supervise. Officer Doak noted that in some instances outdoor kennels may cause the animal to make more noise when confined. Officer Doak noted that the applicant was aware of the scheduled meeting and that she is not sure why he is not in attendance. Officer Doak commented that two of the female dogs were not spayed and that staff would review the square footage of the kennel. Chair Simmonds closed the public hearing and asked for Board discussion or a motion. Member Church outlined her concerns and unanswered questions in the absence of the applicant stating that she could not support the request. Member Carrick concurred with Member Church s comment and stated the she could not support the request. Member Stoffel noted that the complaints from neighbors on either side of the applicant s property is of concern and that while it appears the applicant is attempting to resolve the issues he does not believe that the issues will be resolved. Therefore, Member Stoffel is inclined not to support the request. Member Brussard noted her two primary concerns: 1 the absence of the applicant; and 2 the lack of clarity in the kennel drawing. Therefore, member Brussard does not believe there is sufficient evidence to make an informed decision. Chair Simmonds Concurred noting the consensus to deny the request. It was moved by Member Carrick, seconded by Member Church, to deny the kennel permit to allow Doug Kyler to keep four (4) dogs at 11360 Cervino Court, Reno, Nevada (City of Reno). Member Carrick stated that the requirements of Washoe County Code 55-500 Section 2 have not been met.
Page 3 of 7 Responding to member Brussard s request to abstain, Herb Kaplan Deputy District Attorney, stated that there has to be a valid reason for abstention and that in this instance Member Brussard must vote either in favor or denial of the proposed motion. Member Brussard stated that she felt there was insufficient information to approve the permit. The motion carried: Members Carrick, Church, Stoffel and Chair Simmonds assenting; Member Brussard dissenting; and Member Davis and Hass absent. Chair Simmonds read the appeal process, 5. KENNEL PERMIT APPEAL HEARING [For possible action] A review discussion and possible action to approve, deny to otherwise modify a kennel permit to allow Kaylee Lund- Keller to keep five (5) Dogs at 185 Jani Place, Sun Valley, Nevada (unincorporated Washoe County). Cynthia Doak Regional Animal Services, outlined the application noting that the applicant intended to use the house as the kennel. The inspecting officer s report indicates that the yard is fenced and that the dogs did not appear to be a nuisance to the public or a welfare risk. Officer Doak commented that a notice had been served due to a complaint about the owner trying to contain the animal. Only one letter of objection was received and is included in the support materials (copy on file). Chair Simmonds opened the public hearing. Kaylee Lund-Keller explained that she had taken steps to strengthen the property and had been unaware that the dogs could not be outside unless adult supervision was present. Additionally, Ms. Lund-Keller intends to install a concrete footing under the perimeter fencing. Ms. Lund-Keller noted that the neighbor had declined her offer to be compensated for the chickens and that the fence had been strengthened once she found that the dogs could chew their way through it. Ms. Lund-Keller commented that one of the dogs she tried to rehome keeps being returned and that she no longer has Bravo. Chair Simmonds noted that only the dogs listed in the application could be retained. Ms. Lund-Keller explained that while she is home most of the time the animals are in crates inside the house when no one is present. Additionally, her children help in the care, feeding and watering of the animals as well as sanitation. Typically the dogs are in their crate when no one is home and at night. Ms. Lund-Keller explained that while she promotes team work with her children she ultimately has responsibility for the care and cleanup. Member Carrick commented that she can support the request based on the testimony provided by the applicant. Member Church emphasized that the yard needs to be cleaned on a daily basis. Member Brussard noted that surrounding neighbors will most likely file complaints if the regulations are not followed by Ms. Lund-Keller.
Page 4 of 7 Member Stoffel notted that the concern is the cleanliness and that it appears the applicant is making an attempt to resolve this issue. Therefore, Member Stoffel indicated that he can support the request. It was moved by Member Brussard, seconded by Member Carrick, to approve the kennel permit to allow Kaylee Lund-Keller to keep five (5) Dogs at 185 Jani Place, Sun Valley, Nevada (unincorporated Washoe County). Member Brussard stated that she could make the make the applicable Findings in Washoe County Code 55.420(4) and 55.400(2) based on the testimony provided by Animal Control Officers, the applicant and others. The motion carried: Members Brussard, Carrick, Church, Stoffel and Chair Simmonds assenting; and Members Davis and Hass absent. Chair Simmonds read the appeal process. 6. KENNEL PERMIT APPEAL HEARING [For possible action] A review discussion and possible action to approve, deny to otherwise modify a kennel permit to allow Maria Sousa to keep five (5) dogs at 1660 Haddock Drive, Reno, Nevada (City of Reno). Cynthia Doak Regional Animal Services, noted that the applicant had contacted her seeking a postponement or if she could have John Bernabei speak on her behalf. Officer Doak drew attention to the fact that one of the dogs in question has previously been deemed as dangerous some years ago due to an incident with a smaller dog. Officer Doak noted that the dog is kept in a separate kennel. More recently Animal Services was called due to the dogs fighting among themselves. Although there have been no objections to the request Animal Services has some concerns about future fights among the dogs. Officer Doak commented that the dangerous dog was at-large at the time of the confrontation between Goliath and the smaller dog that resulted in injury to the smaller dog. John Bernabei speaking on behalf of Maria Sousa commented that cleanliness is not an issue as Ms. Sousa is a surgical technician at Renown Regional Medical Center. Mr. Bernabei outlined the circumstances surrounding the incident that resulted in Goliath being considered a dangerous animal. In Mr. Bernabei s opinion, the larger dog was toying with the smaller dog who was the aggressor in this incident. Mr. Bernabei explained that he had taken a collar form one of the other dogs and placed it on a different dog that led to the referenced dog fight. Mr. Bernabei stated that he would not allow the dog to fight in the future and that he would not change dog collars in the future. Mr. Bernabei is 90 to 100-percent certain that it was the change in dog collars that led to the dog fight and only one dog had not been neutered due to a genetic issue involving the genitals. Only one of the resident dogs is a litter mate to the others Chair Simmonds closed the public hearing. During the discussion it was explained that dogs are only placed in quarantine when they bite a human not another dog. Other discussion suggested that the dog placed in quarantine may have been listed under Ms. Sousa s son s name in 2015. As the discussion continued it was noted that Ms. Sousa s son was walking his dog when another dog that was not on a leash attacked with the son being bitten while trying to stop the fight.
Page 5 of 7 Member Carrick stated she could support the request but would condition the approval such that all dogs would be spayed/neutered. Member Brussard commented that she too could support the request. Member Stoffel explained that he understands how dogs identify each other by smell and that confusion about identity was possible with the exchange of collars. Member Church concurred with previous statement. It was moved by Member Carrick, seconded by Member Stoffel, to approve the kennel permit to allow Maria Sousa to keep five (5) dogs at 1660 Haddock Drive, Reno, Nevada (City of Reno), with the condition that all male dogs be neutered. Member Carrick stated that she could make the applicable Findings in Washoe County Code 55.420(4) and 55.400(2) based on the testimony provided by Animal Control Officers, the applicant and others. The motion carried: Members Brussard, Carrick, Church, Stoffel and Chair Simmonds assenting; and Members Davis and Hass absent. Chair Simmonds read the appeal process. 7. KENNEL PERMIT APPEAL HEARING [For possible action] A review discussion and possible action to approve, deny to otherwise modify a kennel permit to allow Victoria Edmondson to keep five (5) dogs at 17870 Aspen East Glen Circle, Reno, Nevada (unincorporated Washoe County). Cynthia Doak Regional Animal Services, outlined the 2015 kennel permit that is currently in a state of suspension due to failure to meet the requirement of the permit. This particular application is to replace the permit that is in a pending state of suspension. The Officer responding to a complaint of dogs at large identified dogs that were not included in the permit as well as dogs at large. The application is for eight (8) dogs. Ms. Edmondson has asked to include a Basset hound in the permit that was not included in this application. Responding to Chair Simmonds inquiry about action on the permit suspension since it was not properly agendized, Herb Kaplan Deputy District Attorney, stated that the board could not take any action on the suspension. Additionally, Mr. Kaplan believes that no action can be taken on the permit application until action is taken on the suspension. Chair Simmonds stated that the agenda item was not properly worded to allow the board to take any action until such time as action is taken on the permit suspension that was not included as an agenda item. Mr. Kaplan stated that no action can be taken on this or the suspension until such time as it is properly agendized for the next meeting. Officer Doak commented that she could not distribute public notices until such time as action is taken on the suspended permit.
Page 6 of 7 Due to this item not being correctly agendized, Chair Simmonds, with concurrence by Assistant District Attorney Kaplan, and in accordance with Nevada State Open Meeting requirements, ruled that no action would be taken on this item. 5. UNCONTESTED KENNEL PERMIT APPLICATION APPROVALS [Non-action item] An informational update on the number of uncontested cattery/kennel permits issued by Animal Services since December 2016. Cynthia Doak Regional Animal Services, provided an overview on the number of permits handled since the December 2016 meeting. 6. WASHOE COUNTY ANIMAL CONTROL BOARD MEMBERS AND/OR STAFF ANNOUNCEMENTS, REQUESTS FOR INFORMATION AND SELECTION OF TOPICS FOR FUTURE AGENDAS [Non-action item] Limited to items not addressed elsewhere on the agenda. The Washoe County Animal Control Board may not engage in discussion or take action on any item identified under this topic and items may be placed on a future agenda for discussion and possible action. The next regular meeting of the Washoe County Animal Control Board to be determined. Shyanne Schull Director of Washoe County Regional Animal Services, noted that she is working with the Washoe County District Attorney s Office to include neighbors in the normal permit process as well as a process to allow individuals to participate in animal rescue without have specific animals listed in a permit. Ms. Schull commented that she is not aware of any groups of individuals participating in animal rescue operations in areas impacted by the recent hurricanes. Ms. Schull noted that there has been some discussion about modifications to the permitting process for dog breeding as well as rescue operations. The next meeting agenda may include, but is not limited to: 1) hearing on the suspension of the Victoria Edmondson Kennel permit; and 2 review and possible action to approve, deny or otherwise modify a new kennel permit for Victoria Edmondson. There was minor discussion about changing the meeting time to a 7:00 p.m. start time. It was noted that the later meeting time would make it difficult for one member to attend. 7. PUBLIC COMMENT [Non-action item] Victoria Edmondson asked how she could obtain copies of the letters of objection. Officer Doak explained that Ms. Edmonson could submit a public record request and obtain the letters. There was some discussion about the apparent failure to inform Ms. Edmondson of her rights of appeal. Other discussion noted that dog licenses would be issued once the kennel permit is approved. Jeanne Herman noted her concerns about the potential treating of some animal owners and caretakers in different ways and stated that she believes all should be treated equally.
Page 7 of 7 8. ADJOURNMENT [Non-action item] Chair Simmonds adjourned the meeting at 3:57 p.m.