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enough evidence for issuing an NOV based on the evidence you have heard tonight, not necessarily what Michael 1 had at the time. You will have to decide what the shooting range is. It is not defined in the ordinance so you have an 2 understanding on what it is or you can use a definition. You can use it from a dictionary, a statute or whatever you 3 want then apply the evidence to it. 4 5 Larry Wright: Is there any way we can make recommendation to, for example, the commissioners to clarify in the 6 UDO? There seems to be a discrepancy when I was on the planning board, that is what we were doing and still 7 working on…. 8 9 Jeff Schmitt: That is a separate issue. 10 11 Larry Wright: My question is can we make a recommendation that they clean this up in the UDO. 12 13 James Bryan: As a whole, your decision is to affirm the determination, reverse the determination or modify it. Those 14 are generally the three categories. You can also make any other orders you think are appropriate. I don’t think that 15 you can order the BOCC to do anything. You can’t determine them; you can’t require them to do anything. After you 16 have made you decision tonight for this, you can add something for the next agenda or modify the agenda for tonight 17 and as separate item, discuss anything you want to do. You can say hey board; this is what we would like. 18 19 Larry Wright: Let’s start with the shooting range. What are your feelings on… it’s not in the UDO, that we have had 20 several definitions of a shooting range. Is there a shooting range going on there? Do we deem it and can we define, 21 and can we say there is a shooting range going on? 22 23 Jeff Schmitt: Is the Range Protection Act of 1997 effectively a statute? 24 25 James Bryan: It is a statute. I think, don’t worry about it other than does it sound good. 26 27 Jeff Schmitt: It has standing in law then. 28 29 James Bryan: It is totally not binding on you all. I would give it the same weight as the Webster’s dictionary for a 30 shooting range, the Oxford English dictionary. Those two dictionaries might have differences and this statute might 31 have a difference. The attorney would reopen the hearing if you want to subpoena a dictionary. 32 33 Mark Micol: I think we are all sympathetic to people that live next to noises whether it is fire or motorcycles or chain 34 saws. I think we open a Pandora’s box when we try to limit lawful activity. We used several scenarios earlier but I 35 am reading here that recreational facilities, tennis clubs, swim clubs, skating rinks, billiard pool halls. So if freeze my 36 pond over and invite friends over and we are skating does that make me an owner of a skating rink. I don’t think that 37 does or if I put three greens on my 10 acres does that make me have a golf course. I think we are going down a path 38 here when we start saying we are a shooting range because we have friends over, firing firearms. I don’t want to go 39 down that path, I think it is really something for the county commissioners to decide but I am sympathetic to what they 40 are saying. 41 42 Larry Wright: There was a reference here that the emails from the Orange County Sheriff, I don’t believe it was Mr. 43 Pendergrass, but he saw berm in his report and then there is the one definition of a shooting range that berms was 44 among the list and I guess my line of thinking is, is this report, this email sufficient to have staff look in to this and get 45 some sort of order to find out, if indeed, there is a shooting range going on. If there is an organized, and to clarify 46 this, obviously that neighborhood is polarized by this and I don’t think we can do anything to mitigate that but is this 47 email enough to provoke staff to investigate this further, would they still do it. 48 49 47