1 2 3 4 5 6 7 KERR COUNTY COMMISSIONERS COURT 8 Emergency Session 9 Monday, June 27, 2005 10 2:30 p.m. 11 Commissioners' Courtroom 12 Kerr County Courthouse 13 Kerrville, Texas 14 15 16 17 BURN BAN 18 19 20 21 22 PRESENT: PAT TINLEY, Kerr County Judge 23 H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 JONATHAN LETZ, Commissioner Pct. 3 24 DAVE NICHOLSON, Commissioner Pct. 4 25 ABSENT: WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2 2 1 On Monday, June 27, 2005, at 2:30 p.m., an emergency 2 meeting of the Kerr County Commissioners Court was held in the 3 Commissioners' Courtroom, Kerr County Courthouse, Kerrville, 4 Texas, and the following proceedings were had in open court: 5 P R O C E E D I N G S 6 JUDGE TINLEY: Let me call to order the 7 emergency meeting of the Kerr County Commissioners Court 8 scheduled for this date and time, Monday, June 27th, 2005, 9 at 2:30 p.m. Due to exigent circumstances and circumstances 10 which could not reasonably be foreseen, we had this meeting 11 called. The only item on the agenda is consider and discuss 12 implementing the burn ban. 13 COMMISSIONER BALDWIN: Judge, I move we 14 implement the burn ban for 90 days. 15 COMMISSIONER LETZ: Second. 16 JUDGE TINLEY: Motion made and seconded for 17 implementation of the burn ban for a period of 90 days. 18 Commissioner, I assume, as in the past, this permits each 19 Commissioner, at his discretion, at any point in time to 20 lift the burn ban, reimpose it within that respective 21 Commissioner's precinct? 22 COMMISSIONER BALDWIN: Yes, it does. 23 JUDGE TINLEY: Okay. All right. Any further 24 question or discussion on the motion? 25 COMMISSIONER LETZ: Question. Do we have a 6-27-05 emg 3 1 copy handy of our current order anywhere? The reason I was 2 looking at it -- and I can't remember, and I can't see. 3 COMMISSIONER BALDWIN: God, we're in trouble. 4 COMMISSIONER LETZ: But I -- 5 JUDGE TINLEY: If he can't see it, it doesn't 6 make any difference if he can remember or not, does it? 7 COMMISSIONER LETZ: In the last sentence, it 8 says, "In accordance with Local Government Code Section 9 352.081.H, a violation of this order is a Class C 10 misdemeanor punishable by a fine not to exceed $500." And 11 we need to stress that to the press, possibly, and maybe 12 e-mail that to them. 'Cause I think that, being a new year 13 and a new summer, that it might be a very good idea to 14 really implement -- 15 COMMISSIONER BALDWIN: Might want to remind 16 the law enforcement as well. 17 COMMISSIONER LETZ: Yeah. 'Cause I know 18 that -- I mean, the reason I was thinking about it is 'cause 19 Comal County is -- they made a big deal about the $500 fine 20 if they burn illegally in that county, and I think that it's 21 much more of a deterrent than just saying you can't do it. 22 COMMISSIONER BALDWIN: There was -- yeah. I 23 think you brought up the fire Saturday on Sheppard Rees. We 24 just got a report that it broke out again yesterday; they 25 spent two and a half hours up there yesterday fighting it, 6-27-05 emg 4 1 same one. 2 COMMISSIONER NICHOLSON: Kathy, about the 3 first week or second week in September, will you remind us 4 that we're going to need another court order? 5 MS. MITCHELL: Yes, sir. 6 COMMISSIONER NICHOLSON: 'Cause I think this 7 is the second time we let that slip. So I won't have to 8 come back down here at 2:30 in the afternoon. 9 COMMISSIONER LETZ: Commissioner, your motion 10 authorized the County Judge to sign? 11 COMMISSIONER BALDWIN: Absolutely, if there 12 needs a signature on it. 13 MS. PIEPER: It's right there, Judge. 14 JUDGE TINLEY: Any further question or 15 discussion on the motion? All in favor of the motion, 16 signify by raising your right hand. 17 (The motion carried by unanimous vote.) 18 JUDGE TINLEY: All opposed, same sign. 19 (No response.) 20 JUDGE TINLEY: That motion does carry. Any 21 further business? 22 COMMISSIONER NICHOLSON: I presume we're all 23 going to leave the burn ban in effect? 24 COMMISSIONER LETZ: Yes. 25 COMMISSIONER BALDWIN: Yes. 6-27-05 emg 5 1 COMMISSIONER NICHOLSON: Commissioner 2 Williams is not here, but his will be in effect too. 3 COMMISSIONER LETZ: His direction was he 4 wanted it put in place, I believe. 5 JUDGE TINLEY: We'll stand adjourned. 6 (Emergency meeting adjourned at 2:35 p.m.) 7 - - - - - - - - - - 8 9 10 STATE OF TEXAS | 11 COUNTY OF KERR | 12 The above and foregoing is a true and complete 13 transcription of my stenotype notes taken in my capacity as 14 County Clerk of the Commissioners Court of Kerr County, 15 Texas, at the time and place heretofore set forth. 16 DATED at Kerrville, Texas, this 1st day of July, 2005. 17 18 19 JANNETT PIEPER, Kerr County Clerk 20 BY: _________________________________ Kathy Banik, Deputy County Clerk 21 Certified Shorthand Reporter 22 23 24 25 6-27-05 emg