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KERR COUNTY COMMISSIONERS COURT
Emergency Session
Wednesday, June 14, 2006
4:30 p.m.
Commissioners' Courtroom
Kerr County Courthouse
Kerrville, Texas
BAN AERIAL FIREWORKS FOR JULY 4TH HOLIDAY
PRESENT: PAT TINLEY, Kerr County Judge
H A."BUSTER" BALDWIN, Commissioner Pct. 1
WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2
JONATHAN LETZ, Commissioner Pct. 3
DAVE NICHOLSON, Commissioner Pct. 4
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JUDGE TINLEY: Okay. Let me call to order an
emergency meeting of the Kerr County Commissioners Court
posted for this time and date, Wednesday, June the 19th, 2006,
at 9:30 p.m. Prior to posting this meeting, the subject
matter of the meeting was mentioned to the County Attorney,
and he did, in fact, confirm that it did qualify for an
emergency meeting. Is that correct, Mr. County Attorney?
MR. EMERSON: Correct.
JUDGE TINLEY: All right. The only matter that we
July 4th, 2006 statutory sales and holiday period. We
certainly want to hear everybody that wants to be heard on
this issue. I would mention that our reporter has a
commitment such that she needs to leave here at 5:00 or within
a few minutes shortly thereafter, so let's keep that in mind,
if you wouldn't mind, please. The matter is pursuant to
Section 352.051 of the Texas Local Government Code. And,
Commissioner Williams, if I'm not mistaken, you asked that the
matter be placed on the agenda for the Court's consideration.
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COMMISSIONER WILLIAMS: I did, Judge.
JUDGE TINLEY: All right, sir.
COMMISSIONER WILLIAMS: Because it's dry out there,
And the fire danger is -- is about as
at the top of the index. We're at the 600 to 700 -- 600 to
700 KBDI index, which puts us one step away from the maximum.
If you read the index, that tells you that things are pretty
darn dry. Fires will burn the mineral soil, stumps will burn
to the ends of the underground roots -- I'm sorry, I'm reading
the wrong one. 400 to 600, fires will burn readily in all
directions exposing mineral soils in some locations. Larger
fuels may burn or smoulder for several days, creating possible
smoke and control problems. I know for a fact that most of
our neighboring counties have seized upon the opportunity to
take a similar action because of the dangers of -- of
spreading wildfires. I can't speak for other Commissioners in
terms of correspondence or telephone calls, but I've had my
share of them, I'm sure, from people who are very concerned
about this, and I've urged us to take this kind of an action.
What the law allows us to do, as the Commissioners know, is to
ban restricted fireworks, which are skyrockets -- skyrockets
with sticks and missiles with fins, and -- okay, and nothing
25 I else. So, I -- that was the purpose of calling the meeting,
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and that's the subject in front of us.
JUDGE TINLEY: Okay.
COMMISSIONER BALDWIN: I'd like --
COMMISSIONER NICHOLSON: Question for clarification.
Are we discussing the ban on sales and use, or just use?
COMMISSIONER WILLIAMS: Sale and use.
COMMISSIONER BALDWIN: Sale and use.
COMMISSIONER WILLIAMS: Restricted fireworks are
only those classified. And it says, "Commissioners court of
such county by order may prohibit or restrict the sale or use
of restricted fireworks in all or a portion of the
unincorporated area of the county where drought conditions
have been determined to exist." I, frankly, don't know of any
area in the county where drought conditions don't exist. But
a resolution needs to be adopted if we're going to do that.
But the other Commissioners may have something they want to
say.
COMMISSIONER BALDWIN: I just wanted to say that in
the 16-plus years that I've been a Commissioner here, I've
never found that it was necessary to do this, to ban fireworks
or the sale of them. But I see us in a critical situation
here, it's that dry. And the Keech-Byrum index is what drives
these thoughts, and burn ban and all of that. And, as the
Commissioner indicated, you actually started on the right one.
JUDGE TINLEY: Mm-hmm.
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COMMISSIONER BALDWIN: And it's a little more
critical. But I -- I just -- this is the first time that I've
even considered it, and I'm certainly going to vote in the
affirmative to ban the fireworks.
JUDGE TINLEY: Anyone else have anything?
COMMISSIONER LETZ: I just concur. I think everyone
knows I don't like burn bans; I don't like controls like this,
but this is a situation and we're in a situation -- I've never
seen it this dry in June in a long time.
JUDGE TINLEY: Do we have any member of the audience
who wishes to be heard on this thing? We're certainly happy
to hear from you if you wish to be heard.
MR. CRAIG: I support --
JUDGE TINLEY: If you'll come forward and identify
yourself, and tell us what's on your mind, sir.
MR. CRAIG: I'm Gary Craig. I live out at Windmill
Ridge. I support this thing. Volunteer firemen can't put all
the fires out that are going to be caused by this deal. Can't
possibly do it. Thank you.
JUDGE TINLEY: Is there anyone else who wishes to be
I heard?
I MR. EMERSON: I told the Sheriff -- he couldn't be
here because of previous commitments, but I told him I would
relay to y'all that he's definitely in support of the burn
ban, and thinks it will be a serious safety issue if it's not
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in place.
JUDGE TINLEY: All right, sir. Chief Lynch? Come
forward, if you would, sir.
MR. LYNCH: Yes, sir. Ray Lynch, Fire Chief for
Ingram Fire Department. I'd like to report to y'all that I
support y'all putting a ban on aerial fireworks for the simple
fact it's very dry. I went back in history for a year; for
July the 4th of 2005, I had three fires that started from
fireworks, two of them aerials, one of them by sparklers.
Still, conditions were very, very dry. We hope you'll
consider putting the ban on. Would y'all like to have a copy
of these reports?
JUDGE TINLEY: If I might just ask you, you say two
of the fires last year during the July 4th period were -- that
you had to respond to -- your department responded to were
from aerial fireworks?
MR. LYNCH: Yes, sir.
JUDGE TINLEY: And that was just one year back that
you looked?
MR. LYNCH: Yes, sir.
JUDGE TINLEY: Okay. Can you recall off the top of
your head prior years? I know you've been out there for a
number of years, Chief Lynch. Can you recall off the top of
your head prior occasions when drought conditions existed,
either during the Christmas holiday period or July 4th period,
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that similar conditions --
MR. LYNCH: Yes, sir. Sometime back in the '80's
and the '90's, you know, we had more than this. You know, and
most of the time we -- it's from stupidity. People down the
road, you know, shooting Roman candles or -- or bottle rockets
out of vehicles.
JUDGE TINLEY: Mm-hmm.
MR. LYNCH: Situations like that.
JUDGE TINLEY: The same type of fireworks you're
talking about here?
MR. LYNCH: Yes, sir.
JUDGE TINLEY: Aerial.
MR. LYNCH: Yes, sir.
JUDGE TINLEY: Okay. Anything else, sir?
MR. LYNCH: That'll do it.
JUDGE TINLEY: Thank you, sir.
MR. LYNCH: You bet.
JUDGE TINLEY: Any -- any member of the Court have
anything further to offer?
COMMISSIONER NICHOLSON: In thinking about this,
I've considered some principles of government that I subscribe
to, and some of those principles are that government should be
small and nonbureaucratic, and should at every possible
opportunity avoid unnecessarily treading on personal liberties
and property rights, and it's adherence to those principles
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that convinced me that we should not have a ban on fireworks.
Another principle is that county commissioners are elected by
I'll reluctantly vote to have another -- I wish unneeded --
restriction on personal conduct.
COMMISSIONER BALDWIN: Well, I agree with you on the
private property-type issue. The burn ban and these kinds of
things, I detest, that we have to control people's lives. But
there is an element out there that -- you know, the
old-timers, I -- I don't have any problem with the old
ranchers that have been here forever. They know what they're
doing, and they're not going to put in danger themselves or
their neighbors and their property. But there's some
newcomers around that -- that have to be controlled, period.
I know those are rough words, but it's absolute truth. And,
so, I -- because of the conditions -- and I think this Court
will do whatever it takes to protect our citizens and their
property, and this is one of those times.
COMMISSIONER WILLIAMS: That's exactly what it is.
know that we've done it right. This would be a resolution.
Order prohibiting certain fireworks in unincorporated areas of
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Kerr County. Whereas, the Texas Forest Service has determined
that drought conditions exist in Kerr County; and whereas, on
the 19th day of June, 2006, the Commissioners Court of Kerr
County has determined that the normal danger of fire in the
unincorporated areas of Kerr County is greatly enhanced by the
extremely dry conditions now existing; now, therefore, the
Commissioners Court of Kerr County adopts this order
prohibiting the sale or use of restricted fireworks in the
unincorporated areas of Kerr County. A. No person may sell,
detonate, ignite, or in any way use fireworks classified under
49 C.F.R, part 173.100 -- I believe that's an (r) -- (2),
(10-1-86 edition) as skyrockets with sticks and missiles with
fins in any portion of the unincorporated area of Kerr County.
This order does not prohibit common -- 1. Common fireworks,
small in size, classified as Class C explosives, or 2. Large
fireworks devices designed primarily to produce visible or
nudible (sic) effects by combustion --
JUDGE TINLEY: Audible.
COMMISSIONER WILLIAMS: Audible. Audible effects by
Class B explosive by the U.S. Department of Transportation --
reference. A person commits an offense if the person
knowingly or intentionally violates a prohibition establishe
by this order. An offense under this order is a Class C
misdemeanor. And it's signed -- there's a line for approval
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by the Court on the 14th day of June. I offer that as a
resolution for adoption.
COMMISSIONER LETZ: Second.
JUDGE TINLEY: We have a motion and second for the
resolution as placed into the record.
COMMISSIONER WILLIAMS: And authorize the County
Judge to sign same.
JUDGE TINLEY: Any question or discussion?
COMMISSIONER BALDWIN: Just to clarify something, a
Class C misdemeanor carries a penalty of what?
JUDGE TINLEY: Fine only.
COMMISSIONER BALDWIN: Fine up to $80 million and 20
years in jail?
JUDGE TINLEY: 500.
COMMISSIONER BALDWIN: $500? So, with the Sheriff
saying he's in support of it, that means that the Sheriff will
be out writing tickets.
MR. EMERSON: Correct.
COMMISSIONER BALDWIN: Okay.
JUDGE TINLEY: Anything else to be offered? Like
Commissioner Nicholson, I -- I would like to hope we would
exercise personal responsibility and have that be a good
exercise, and unfortunately, that doesn't seem to always work.
I think the thing that probably carried the day for me is,
number one, virtually everyone I've heard from indicated they
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were strongly in favor of us banning aerial fireworks during
this period. And, secondly, Chief Lynch telling us that there
have, in fact, been incidences where his department has had to
respond to fires that have been caused by that demonstrates to
me that it is a real threat and a real danger to lives and
property here in Kerr County under the circumstances. So, I
-- like Commissioner Nicholson, I'm -- I don't like to put
burdens on people and government be telling them what to do,
but sometimes when they won't exercise good judgment or rules
of common sense and safety, why, maybe we don't have any other
choice. Any other questions or comments on the motion?
COMMISSIONER BALDWIN: Judge, I do have one more --
actually, it's kind of in a question. Is my understanding
that we put this in place today, but we can also lift it
anytime between now and the 4th of July?
JUDGE TINLEY: If the drought conditions cease to
exist, I think is the key to that, Commissioner.
COMMISSIONER BALDWIN: Correct.
JUDGE TINLEY: My understanding. Is that not
correct?
MR. EMERSON: Yes, sir.
COMMISSIONER BALDWIN: So, if we got three 3-inch
rains at the end of June, we could come back in here and lift
it then legally, couldn't we?
JUDGE TINLEY: I'd be tickled to death to have that
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before us under those circumstances, Commissioner.
COMMISSIONER BALDWIN: I just need to know if that's
true or not.
COMMISSIONER WILLIAMS: It is true. It's
Subsection -- Paragraph (2), Subsection (e) "An order issued
under this section shall expire upon determination as provided
under Subsection (b) that such drought conditions no longer
exist." So, if we can determine that that's the case, the
order can be lifted.
COMMISSIONER BALDWIN: Good. That's all.
JUDGE TINLEY: Any further questions question or
comments? A11 in favor of the resolution or motion, indicate
by raising your right hand.
(The motion carried by unanimous vote.)
JUDGE TINLEY: All opposed, same sign.
(No response.)
JUDGE TINLEY: The motion does carry. That being
the only order of business, we'll stand adjourned.
(Commissioners Court meeting adjourned at 9:46 p.m.)
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STATE OF TEXAS
COUNTY OF KERR I
The above and foregoing is a true and complete
transcription of my stenotype notes taken in my
capacity as County Clerk of the Commissioners Court
of Kerr County, Texas, at the time and place
heretofore set forth.
DATED at Kerrville, Texas, this 21st day of
June, 2006.
JANNETT PIEPER, Kerr County Clerk
BY : ______ ___ _
Kathy Ban' Deputy County Clerk
Certified Shorthand Reporter
6-19-06 emg
ORDER NO. 29743
BAN AERIAL FIREWORKS IN KERR COUNTY FOR JULY 4, 2006
STATUTORY SALES AND HOLIDAY PERIOD
Came to be heard this the 14th day of June, 2006, with a motion made by
Commissioner Williams, seconded by Commissioner Letz. The Court
unanimously approved by vote of 4-0-0 to:
Approve the Resolution prohibiting certain fireworks in unincorporated
areas of Kerr County, Texas, and authorize County Judge to sign same.