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8		KERR COUNTY COMMISSIONERS COURT	

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Special Emergency Session	I
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10		Thursday, August 12, 1999	~

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11:00 a.m.	i
12		Commissioners Courtroom	I
.-. 13		Kerr County Courthouse	~
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19		Kerrville, Texas	i
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	PRESENT:	FREDERICK L. HENNEKE, Kerr County Judge	
23		WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2	

29		JONAT}IAN LETZ, Commissioner Pct. 3
LARRY GRIFFIN
commissioner Pct
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25	ABSENT:	H. A. "BUS'I'ER" AALDWIN, Commissioner Pct. 1	
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On Thursday, August 12, 1999, at 11:00 a.m., a Special
! Emergency Session of Commissioners Court was held in the
i Commissioners Courtroom, Kerr County Courthouse, Kerrville,
4 Texas, and the following proceedings were had in open court:
i P R O C E E D I N G S
JUDGE FiENNEKE: It's 11 o'clock on Thursday, August
12th. I'll call to order this Special Emergency
Commissioners Court meeting. Let the record reflect that a
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quorum of Commissioners is present. Also, let the record
reflect that the agenda for this special. emergency meeting
was posted at 8:25 this morning, in accordance with the
provisions of the Texas Government Code.
The only item on the agenda this morning is consider and
discuss enactment of the burn ban for Kerr County due to
extreme dry conditions. In the last several days we've had
several fairly significant brush fires, one off 173. We"ve
had phone calls from the Fire Chief in Ingram and Fire Chief
in Kerrville requesting that a burn ban be placed into effect
immediately, and it appears from all the meteorological
information I see that- this is something that is probably
necessary. Any discussion? Any comments?
COMMISSIONER WILLIAMS: I would move the burn ban
be reestablished immediately.
COMMISSIONER GRIFFIN: Second.
JUDGF. HENNEKE: It's been moved by Commissioner

Williams, seconded by Commissioner Griffin, that we establish
the burn ban. Any further discussion? Commissioner Letz?
COMMISSIONER LETZ: I just have --
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COMMISSIONER WILLIAMS: Not on your ranch?
COMMISSIONER LETZ: No. I just make the comment
that I don't have a problem with people in the eastern part:
of the county -- eastern part of the county is not very dry
right now; it is very green still. But, I don't have a
problem with going ahead and extending it for the full
county. It's kind of -- evidently, there was several rains
that must have hit -- I was up at the Gillespie County line.
It's as green as Kathy's shirt right now, out towards
Comfort. But, anyway, it dries out pretty quick. And, I was
out in the western part of the county yesterday. I was very
surprised at how dry it was out there. So, the west is
extremely dry, so I don't have any problem with it.
Generally, I -- I won't go into my normal speech about not
liking burn bans; you must have heard that already.
COMMISSIONER WILLIAMS: I had one Precinct 2
constituent call early this morning, wanted to know if the
burn ban was on. I said, "In about 27 minutes it will be, so
if you want to start a fire, you better get it going quick."
JUDGE HENNEKE: Any further discussion?
COMMISSIONER LETZ: A question. I don't know if
anyone knows the answer. I know the one on Highway 173 was
9
1 started basically, you know, by -- poor judgment; I'll be
2 kind with the term I use. Is there any -- I know a lot of
3 volunteer fire departments had to react to that fire. Is
9 there any way they can recoup any money from the property
5 owners when something like that happens, without going
S through civil action?
7 JUDGE HENNEKE: I don't -- not that I'm aware of.
3 COMMISSIONER GRIFFIN: I don't think so. One of
3 the things that's going to happen with the new law, that bill
-- House Bill 2620 that's passed in the Legislature -- which,
L by the way, goes into effect the 30th of this month. It was
~ one of those 90-day deals; 90 days after signing, it goes
3 into effect. And, it is going to provide -- for the first
1 time ever, there will be a statutory basis for putting burn
5 bans on and off, and very -- very much involves the Texas
i Forest Service, you know, who will support the counties with
7 an index -- an objective index, based on soi]. moisture and
3 all that. And, they have many sensors throughout the state,
1 but they're going to add many more, and we will be able to
have a recommendation, like, on a daily basis coming to us
from the Forest Service when we -- that we should put on the
ban or whatever. Then we can act on that. It also allows --
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the law ,allows that the burn ban can be taken off
automatir_ally, if we choose, when the index report from the
Texas Forest Service reaches a point that it's safe, in their
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estimation, acr_ordi.nq to the Keech-Byrum Index, which is a
weird thing.
COMMISSIONER WILLIAMS: That's what you put on our
E desk the other day off the Internet?
i COMMISSIONER GRIFFIN: Yes. And, interestingly
> enough, too, the law allows for burn bans to be instituted in
r part or all of the county, to the discretion of the Court.
S But, I mean, we'd have to come up, if we wanted to do that,
i with some system demarking areas or something, but it's at
least worth thought. And, here's a copy of the bill I just
wrote this on, because I think it's -- this is one of those
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things like I was talking about Monday, is that this is an
implementation of a new law that actually will happen on the
30th of this month.
JUDGE HENNEKE: Right.
COMMISSIONER GRIFFIN: And, so -- and the bill
analysis that'.=. on the front of that by the Analysis
Department over there in the Legislative Office gives a
pretty good reason for why the bill was written, and it's
pretty short and sweet, and you might want to take a look at
that.
COMMISSIONER WILLIAMS: How long do you think it
will be before the Texas Forest Service has the necessary
sensors in place?
COMMISSIONER GRIFFIN: I think they've got enough
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now to do the job. It won't be as crisp and as accurate now,
with as much resolution, because the more sensors you've got,
3 obviously, the better you can resolve different areas where
I you really need a burn ban. I think they're scrambling, as a
i matter of fact, the Texas Forest Service. That is, I think
i they're scrambling, because now they've got this mandate to
1 go do this and provide this service to the counties, and they
3 probably are a little bit surprised by it, from what I --
3 I've called -- I've called the Forest Service, and I still
haven't found a crew chief who's in charge yet, because it's
always, "Well, that office is probably going to do that," and
? so on. But anyway, I think we'll -- this is going to be a
3 help to the counties. And, the -- at least we're going to
1 have some professional help now from the State Forest Service
i on judging when we need a burn ban, and we've got some
i flexibility on how it can be taken off that we didn't have
1~ before.
3I	COMMISSIONER WILLIAMS:	Yeah.		
)	COMMISSIONER GRIFFIN:	Also, much more	length	of
	time. We can put a burn ban on,	under this law,	for 90	days.
L	COMMISSIONER WILLIAMS:	I just noticed	that.	Up to
90 days.
COMMISSIONER GRIFFIN: And then let the index take
care of -- when we get notified that, "Hey, it's safe," if we
so choose, we can say at that point., automatically, we just

announce that the burn ban is removed.
COMMISSIONER2 LETZ: Might also note that it was a
Class C misdemeanor under that --
COMMISSIONER GRIFFIN: And the last thing -- that's
what made me -- that was the segue into this, was that we now
have some teeth for a -- at least making it a Class C
misdemeanor.
JUDGE HENNEKE: Well, I'll point out that the
current law provides for a fine of up to $500 and up to 180
days in 7ai1 for violation of the burn ban, and that's right
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now. That's still -- when we vote on this, this will make it
a little clearer.
COMMISSIONER GRIFFIN: And I think it would be -
if we can get the word out on that, the better we can get the
word out that there are penalties right now that are --
JUDGE HENNEKE: Okay.
COMMISSIONER GRIFFIN: -- that are possible, the
better.
COMMISSIONER LETZ: Judge, it would be good to have
this one expire on our next Commissioners Court meeting, so,
until the new law goes into effect, we can get it in sync so
we dnn't have to have a special meeting.
JUDGE HENNEKE: What we'll do is put this on the
agenda for the meeting on the 23rd, and either extend it or
take it off, depending on what happens between now and then.
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That extension will carry us into the time frame when the new
law comes into affect.
COMMISSIONER LETZ: Right.
JUDGE HENNEKE: And we can then, at the next
opportunity, take it up under this new law.
COMMISSIONER LETZ: All right.
JUDGE FIENNEKE: Any further discussion? If not,
all in favor, raise your right hand.
(The motion was carried by unanimous vote.)
JUDGE HENNEKE: Al.l opposed, same sign.
(No response.)
JllDGE HENNEKE: Motion carries. The burn ban is
implemented. It's implemented effective immediately. There
being no further business posted to come before this Court,
we stand adjourned. Thank you all for coming in today.
(Commissioners Court adjourned at 11:10 a.m.)
9
STATE OF TEXAS I
' COUNTY OF KF.RR ~
t The above and foregoing is a true and complete
I transcription of my stenotype notes taken in my capacity as
i County Clerk of the Commissioners Court of Kerr County,
Texas, at the time and place heretofore set forth.
~ DATED at Kerrville, Texas, this 16th day of August,
8 1999.
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JANNETT PIEPER, Kerr County Clerk
SY: ~-~/.I~G
Kathy B~nik, Deputy County Clerk
Certified Shorthand Reporter
URliER NU. c:i`~f,3
AF'F'RUVUL OF RESOLUTlUN `(U IMF'L~MEN"f BURN BflN
On this the :L2th day of Rug~_ist 19`d9, upon motion made by
Commissioner Williams, seconded by Commissioner ~rifrin, the
Co~_~rt ~_inanimo~_isly approved by a vote of3-0-~, the Resolution
to implement Burn Ban that will expire after 14 days.