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HomeMy WebLinkAboutPark Board Minutes 07.05.2018City of Laurel Park Board Minutes Thursday, July 5, 2018 In attendance were Park Board Members: Scot Stokes, Amy Pollock, Iry Wilke, Richard Herr, Phyllis Bromgard; Mayor Tom Nelson; City Attorney, Sam Painter; new CAO, Matt Lurker; and Citizens, Ben Lewis, Laurel Rod & Gun Club(LRGC); James Knight and Darrell Johnson, Laurel Rifle Club (LRC); Jamie Krug, 4-H Shooting Program; Jason O'Rear, and Chris Hust, Laurel Shooting Education Program (LSEP); Howard Rickard, Laurel Jaycees; and Nick Kisch, Horseshoe Club Public Comment: Howard Rickard, Laurel Jaycees, reported he had talked to Kurt Markegard concerning the need for a new roof which he said was "on schedule" and also some electrical issues that have a "high risk/failure rate." Kurt and Matt Lurker are aware of the situation. Darrell Johnson, LRC said he is asking the Park Board to negotiate a lease to bring shooting back to the community. They have never had any issues for the 20 years he has been involved. The lead issue was mitigated as well. Jason O'Rear, LSEP, said they have lost out on Big Sky State Games and Daisy BB Gun tournaments. Seven kids qualified but couldn't go due to the loss, including one who is aged out. Chris Hust, also from LSEP, said they have 40-5o kids per year who participate and learn not only to shoot but also gun safety and how to be on a team. It was started in 1973, parent involvement is at an all-time high, and several have participated in the state and even national meets. James Knight, LRC, said it was ridiculous that we have shut down all the shooting events. Twelve clubs have been destroyed. Open house showed that people want these events. Even had five Olympians who have medaled and used our Laurel Rifle Club. Ben Lewis, LRGC, said based on history, they have never had a problem. Encourage Park Board to allow a lease and to shoot again. 2. Minutes: Reviewed and approved minutes from May meeting. Iry moved to accept, Phyllis seconded, and they were unanimously approved. 3. Lease Negotiations: Horseshoe Club: Nick Kisch said he has talked to the members and there simply is not enough money to purchase insurance for their group. The cheapest he found was $boo per year and they cannot afford that, especially when they only have events 6 times per year. He said he has already committed to three tournaments this year, but if required, he could cancel the 2019 events. He expressed they had been around since 1982 without an incident and without insurance and have never had a problem. They have a sign hanging that says to use at your own risk. Felt that should be enough because people have their own insurance. Iry Wilke suggested event insurance might be cheaper which could cover them. Sam Painter was asked about the liability insurance requirement and he said the Horseshoe Club could always bring a lease proposal to the table requesting they use the facility for events 6 times per year and if the City Council oks it, then that's fine. He suggested bringing forth what they could do and present it and let the City Council decide. Nick said he would work on it and bring a lease back to the Park Board for possible approval. Laurel Rod & Gun Club: Mayor Nelson said he is a strong supporter of guns and even convinced the Council to give them 5 years to find a place when it came up several years ago. In the meantime, Riverside Park has been incorporated into the City which then makes it subject to city ordinances. Mayor Nelson passed out copies of Ordinance Chapter 9.24 which makes it illegal to discharge a firearm in city limits. However, 9.24.050 gave exceptions to the regulation including "for the purpose of instruction or contest..." It was then discussed that possibly events fitting in this category could be brought before the City Council and approved or denied on an individual basis. However, if there was ever a wrongful death lawsuit or lawsuit of any kind brought against the city, there is NO insurance to cover it. A lien would be put on each citizen until the settlement was paid off. Iry Wilke (speaking on behalf of the shooting clubs and not necessarily as a Park Board Member) said a lease has been voted on and recommended by the Park Board on more than one occasion and nothing has been done. Mayor Nelson seemed unaware that an "official" recommendation had been sent from the Park Board and never addressed. Iry said that he doesn't tolerate anything but safety. Nobody is allowed to have alcohol in their hand while they are shooting. He is a certified instructor and there has never been an incident in all the years they have been down there. He also said both the LRC & LRGC have their own liability policies with up to $2,000,000 in coverage—double what was required by the city when they had the lease. They would be willing to add the city as an additional insured as well. Chris Hust said that since they are doing their shooting program for instruction each time, maybe they wouldn't have to have it approved each time. Howard Rickard asked if the groups could possibly submit a "calendar" of events for the year or a certain period and have those approved. Sam Painter said the City Council can basically do whatever they feel is best. That might be a possibility if the Council approves it. Richard mentioned the difference in indoor vs. outdoor shooting. He felt air rifles, bb guns, (small bore) didn't pose the same threat. Iry mentioned that 22 rifles have been used in the past for Hunter Education instruction with an NRA approved instructor with them at all times. Mayor Nelson asked about the current Park Master Plan suggesting kids and guns in the park don't mix. Richard also expressed concern if an "out -of -stater" was camping in the park and was awaken to shooting in the Park. Things are so crazy that they might consider suing the city for some crazy thing. Howard suggested possibly having the camping from May to September and then having the shooting events in the other months. Jamie Krug, 4-H Shooting Program, said something she has been taught and she teaches is not to call the guns weapons. Just about anything these days can be considered a weapon and that doesn't make them necessarily bad or illegal. We need to educate the kids on safety. Matt Lurker, CAO, said he believes in his 2nd amendment rights and has served in the military and is also an NRA instructor. He believes in the small town values and feels that some groups got "cross contaminated" and instead grouped all together as ANY shooting (BB Gun/Air Rifles vs. high power rifles). Matt said Kurt has shown him the different buildings at Riverside Park and so he has seen it and has an idea of the condition of the buildings. Matt recommended talking to other towns, clubs, etc. and see what they are doing and then present a proposal to the Park Board for their recommendation. Then, we will be able to make a well-educated decision PER club. Scot mentioned it would be nice to actually have the proposals in advance of the Park Board Meeting so that we have time to take a look before the meeting. We hoped if they dropped them off to Brittney Moorman in the City Office she could get them out to the Park Board Members with the agenda and minutes. Mayor Nelson said he is going to put it on the July 31St Workshop to start a conversation about it and see how the City Council Members feel. He also mentioned as he left that he truly does like guns. However, he will also present the risk and liability to the City Council because that is. his responsibility. Richard mentioned, and everyone agreed, that the LSEP and the 4-H Shooting Program should get their proposals in ASAP. It was agreed that they were lumped into the group and that really wasn't anyone's intent. Richard said he felt bad opportunities were missed. 5. Swimming Pool: Brittney Moorman in City Office received the bid to put the shade in, but she is on vacation and no one else saw it. She will return on the 9th and so will Kurt. Amy requested it be sent out to the Park Board Members so they can be kept up on the progress of the shade going in. No update on Pool Passes... 6. Update on Funds from Dept. of Justice: No Update. Park is open but not for camping. Howard mentioned he has seen several people camping down there even though it is supposed to be closed for camping. He said the sign that says "No Camping" needs to be replaced or repainted to be clearer. Right now, it is hard to read unless you catch it in the right light. He also mentioned that the police are good about patrolling it, but an updated sign would definitely be better. Other: None Meeting was adjourned at 7:15 pm. Respectfully submitted by Amy Pollock, Park Board Member MMMMM Sections: 9.24.010 Carrying concealed weapons prohibited. 9.24.020 Exceptions to provisions against carrying concealed weapons. 9.24.030 Wilful or negligent discharge—Penalty. 9.24.040 Wilful or negligent allowing of discharge— Penalty. 924.050 Exception to discharge regulations. 9.24.010 Carrying concealed weapons prohibited. No person within the limits of the city shall wear under his clothes, or concealed or par- tially concealed upon his person, any dirk, dagger, pistol, revolver, sword cane, billy, blackjack, knuckles made out of metal or bard substance, knife having a blade four inches long or longer, razor, not including a safety razor, or other deadly weapon. (Prior code § 924.0 10) 9.24.020 Exceptions to provisions against carrying concealed weapons. The prohibition of Section 9.24.010 does not apply to: A. A sheriff or his deputy; B. A marshal or chief of police of their deputies; C. A constable or his deputy; D. A police officer or special policeman; E. A United States marshal or his deputy; 9.24,010 F A person in the secret service of the United States; G. A game warden or his deputy-, R -A United States forest reserve official or his deputy; 1. A person in actual set -vice as a national guardsman; J. A revenue officer or his deputy; K. A person. summoned to the aid of any of the foregoing named persons; L. A civil officer or his deputy engaged in the discharge of official business: M. A person authorized under state law to carry a weapon, or concealed weapon; N. The carrying of arms by any person on 0 his own premises or at his home or place of business; U. Any peace officer of the state. (Ord. 02-27, 2002; prior code § 9.24.020) 9.24.030 Wilful or negligent discharge --Penalty. Any person who wilfully or negligently discharges any firearm or air rifle within the city limits of the city shall be punished ac- cording to provisions set out in Section 1. }6.010 of this code. (Prior code § 9.24.030) i 9.24.040 Wilful or negligent allowing of discharge --Penalty. Any person who wilfully or negligently permits any firearm or air rifle to be dis- charged within the limits of the city by any child or other person under his care, custody or control shall be punished according to the provisions set out in Section 136.010 of this code. (Prior code § 9.24.040) 173 (Laurel 4.03) 9.24.00 9.24.050 Exception to discharge reaulations. Sections 9.24.030 and 9.24.040 shall not prohibit discharges, of fireamis or air rifles within the city limits when discharged under responsible supervision for the purpose of in- struction or contest, or if the discharge of the firearin or air rifle is justifiable tinder MCA Title 43, Chapter 3, Part 1. (Ord. 02-28, 2002; priorcode9224.050) (Laurel 4-03) 174 - 7/512M8 45-8-351. Restriction on local government regulation of firearms, MCA MCA Contents I TITLE 45 / CHAPTER 8 / Part 3 / 45-8-361 Restriction on... 45-8-361. Restriction on local government regulation of firearms. (1) Except as provided in subsection (2), a county, city, town, consolidated local government, or other local government unit may not prohibit, register, tax, license, or regulate the purchase, sale or other transfer (including delay in purchase, sale, or other transfer), ownership, possession, transportation, use, or unconcealed carrying of any weapon, including a rifle, shotgun, handgun, or concealed handgun. (2) (a) For public safety purposes, a city or town may regulate the discharge of rifles, shotguns, and handguns. A county, city, town, consolidated local government, or other local government unit has power to prevent and suppress the carrying of concealed or unconcealed weapons to a public assembly, publicly owned building, park under its jurisdiction, or school, and the possession of firearms by convicted felons, adjudicated mental incompetents, illegal aliens, and minors. (b) Nothing contained in this section allows any government to prohibit the legitimate display of firearms at shows or other public occasions by collectors and others or to prohibit the legitimate transportation of firearms through any jurisdiction, whether in airports or otherwise. (c) A local ordinance enacted pursuant to this section may not prohibit a legislative security officer who has been issued a concealed weapon permit from carrying a concealed weapon in the state capitol as provided in 45-8-317. - 41 Created by LAVIS httDs:/Acci.mt.aovlbiils/mWtitio..-04501chapter 0080/part_00301secton051010450-0080-0030.0510.htmI 111 7/5/268 45-8-343. Firing firearms, MCA MCA Contents I TITLE 45 / CHAPTER 8 1 Part 3 1 45-8-343 Firing firearms 11 111! 11'�II 1q1111g1q1;!! ilig TITLE 45. CRIMES Part 3. Weapons 45-8-343. Firing firearms. (1) Except as provided in subsections (2) and (3), every person who willfully shoots or fires off a gun, pistol, or any other firearm within the limits of any town or city or of any private enclosure which contains a dwelling house is punishable by a fine not exceeding $25 or such greater fine or a term of imprisonment, or both, as the town or city may impose. (2) Firearms may be discharged at an indoor or outdoor rifle, pistol, or shotgun shooting range located within the limits of a town or city or in a private dwelling if the shooting range is approved by the local governing body. (3) Subsection (1) does not apply if the discharge of a firearm is justifiable under Title 45, chapter 3, part 1. History: En. Sees. 1, 2, p. 46, Ex. L 1873 re -en. See. 185, 4th Div. Rev. Stat. 1879; re -en. Sec. 228 ' 4th Div. Comp. Stat. 1887; amd. See. 1161, Pen. C. 1895; re -en. Sec. 8834, Rev. C. 1907; re -en. Sec. 11530, R.C.M. 1921; re -en. Sec. 11530, R.C.M. 1935; See. 94-3578, R.C.M. 1947; redes. 94-8-218 by Sec. 29, Ch. 513) L. 1973; amd. Sec. 39, Ch. 359, L. 1977; R.C.M. 1947, 94-8-218; amd. See. 1, Ch. 20, L. 1981; amd. gec. 618, L. 1983. Created by LAWS hfinc-//Inn-mf.00,L,Ibillslmca/tifle 0450/chepler.,0080ipart 0030/secton04,30/0450-008"030-0430.htmI V1