Sass Injunction Sought - Torrance county commission 03132013

Candelaria: Now we go to public requests for discussion for information, ah, from the public, ah you have two minutes per person if anybody would like to say something please come to the podium state your name. Brian Kaesseman: Brian Kaessemen, Good morning! Candelaria & Freyburger & Tapia: Morning Brian Kaesseman: I understand that SASS may still have some time to, ah, appeal the decision by the commission but there are two things that I would like to point out. One is that you specifically denied, ah, Founders Ranch Shooting-Shotgun Shooting, in your denial of the zone change and I would either like that enforced, or if they do appeal that the county attorney ask for a stay so that its not stretched out in court and we're still assaulted by the constant shooting at the shotgun shooting. Thank you. Tapia: Thank you Candelaria: Is there anybody else (he points to the audience) Billie Mitchell: Good morning, Billie Mitchell (she spells her first name for the recording clerk and both the recording clerk and the deputy manager laugh). Michelle: Thank you. Billie Mitchell: On that aspect, um, the shooting range at this point, April 6th, is planning a shotgun shoot, that I believe you all have copies of, and since everything is under possible litigation something like that should be stopped until it has been approved totally or denied totally. And if you look at the print out that I gave you a copy of or Mr. Kaesseman gave a copy of, they are planning a big shoot on the 6th of April and that valley is going to be totally engulfed with shotguns. So something needs to be done to stop this until the commission approves it or denies it. Thank you. Freyburger: Mr. Chair Candelaria: Yes Freyburger: May I make a comment, you know it may be a misperception that the county, ah, can enforce, you know, we, we have given the tools to the citizens to do the things, but as far as the county enforcing, ya know this to go on, that it is not, I believe, and correct me if I am wrong (Freyburger points and turns to county attorney), ah, from the legal but, you know, if, if , the citizens out there wanted to, ah, do something, then you-all would need to do it, it’s a civil matter, ah we have just given the tools to make it the civil matter. (Looks at attorney and asks) "Is that correct? Can we not enforce . . . Huss: (Pauses before answering and clears his throat) I guess it depends on what you want to, enforce, you do have zoning authority that could take enforcement action if it appeared to the county that the current conditions were being violated you could do a zoning violation notice or those types of things but as far as moving for an injunction or something like that it would probably be in private hands. Freyburger: Ok, ba-I know that we could say that they were in violation, but, that would be a matter of posting, you know, and so the enforcement I believe would be on the private citizens, (Freyburger looks at attorney again) is that correct as far as any type of an action taken for the injunction or anything? Huss: I think either could try to seek an injunction if the county wanted to do that it could, (Freyburger interrupts) Freyburger: ok Huss: (Huss continues) but private citizens could do it as well. Freyburger: Ok. Candelaria: Thank you. (Candelaria points to a member of the audience) Michael Godey: Because you are a county government I think it is your resp… Candelaria: (interupts Mr. Godey) Would you state your name please? Michael Godey: Michael Godey, I think as you are a county government it is your responsibility to enforce it. You may because you gave the special zoning permit its your responsibility to enforce it if not there's no reason to give any permits at all, thank you. (Audience member says from the floor . . or collect any fees) Candelaria: Anybody else? (Says to a member of the audience) I'm gonna give you two minutes. Billie Mitchell: OK I won't take long. On that aspect your attorney just said that the county can enforce it since you have denied them the expansion and stuff like that and since you're the commission of Torrance County I don't understand why you want to kind of throw it under the table and make the citizens do it. You have way more power than we do, as individuals, (she pauses) so something like that since this is public on the web site and all the other kind of stuff I don't understand why you can not enforce (she pauses) this particular shoot because its out of balance and its in your denial (she pauses) they wouldn't have ask for the expansion with the shot gun range if they knew that they were not, that it wasn't already in the original ordinance. So I think it falls back on the commission to stop this kind of stuff. Thank you. Candelaria: Thank you.