1 2 3 4 5 6 KERR COUNTY COMMISSIONERS COURT 7 Emergency Session 8 Wednesday, June 14, 2006 9 4:30 p.m. 10 Commissioners' Courtroom 11 Kerr County Courthouse 12 Kerrville, Texas 13 14 15 16 17 BAN AERIAL FIREWORKS FOR JULY 4TH HOLIDAY 18 19 20 21 22 23 PRESENT: PAT TINLEY, Kerr County Judge H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 24 WILLIAM "BILL" WILLIAMS, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 25 DAVE NICHOLSON, Commissioner Pct. 4 2 1 On Wednesday, June 14, 2006, at 4:30 p.m., a 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: Okay. Let me call to order an 7 emergency meeting of the Kerr County Commissioners Court 8 posted for this time and date, Wednesday, June the 14th, 2006, 9 at 4:30 p.m. Prior to posting this meeting, the subject 10 matter of the meeting was mentioned to the County Attorney, 11 and he did, in fact, confirm that it did qualify for an 12 emergency meeting. Is that correct, Mr. County Attorney? 13 MR. EMERSON: Correct. 14 JUDGE TINLEY: All right. The only matter that we 15 have on the agenda is consider, discuss, and take appropriate 16 action to ban aerial fireworks in Kerr County for the 17 July 4th, 2006 statutory sales and holiday period. We 18 certainly want to hear everybody that wants to be heard on 19 this issue. I would mention that our reporter has a 20 commitment such that she needs to leave here at 5:00 or within 21 a few minutes shortly thereafter, so let's keep that in mind, 22 if you wouldn't mind, please. The matter is pursuant to 23 Section 352.051 of the Texas Local Government Code. And, 24 Commissioner Williams, if I'm not mistaken, you asked that the 25 matter be placed on the agenda for the Court's consideration. 6-14-06 emg 3 1 COMMISSIONER WILLIAMS: I did, Judge. 2 JUDGE TINLEY: All right, sir. 3 COMMISSIONER WILLIAMS: Because it's dry out there, 4 and it's getting dryer. And the fire danger is -- is about as 5 great as I've seen in some time. The Keech-Byrum index put 6 out by the Texas Forest Service indicates that we are almost 7 at the top of the index. We're at the 600 to 700 -- 600 to 8 700 KBDI index, which puts us one step away from the maximum. 9 If you read the index, that tells you that things are pretty 10 darn dry. Fires will burn the mineral soil, stumps will burn 11 to the ends of the underground roots -- I'm sorry, I'm reading 12 the wrong one. 400 to 600, fires will burn readily in all 13 directions exposing mineral soils in some locations. Larger 14 fuels may burn or smoulder for several days, creating possible 15 smoke and control problems. I know for a fact that most of 16 our neighboring counties have seized upon the opportunity to 17 take a similar action because of the dangers of -- of 18 spreading wildfires. I can't speak for other Commissioners in 19 terms of correspondence or telephone calls, but I've had my 20 share of them, I'm sure, from people who are very concerned 21 about this, and I've urged us to take this kind of an action. 22 What the law allows us to do, as the Commissioners know, is to 23 ban restricted fireworks, which are skyrockets -- skyrockets 24 with sticks and missiles with fins, and -- okay, and nothing 25 else. So, I -- that was the purpose of calling the meeting, 6-14-06 emg 4 1 and that's the subject in front of us. 2 JUDGE TINLEY: Okay. 3 COMMISSIONER BALDWIN: I'd like -- 4 COMMISSIONER NICHOLSON: Question for clarification. 5 Are we discussing the ban on sales and use, or just use? 6 COMMISSIONER WILLIAMS: Sale and use. 7 COMMISSIONER BALDWIN: Sale and use. 8 COMMISSIONER WILLIAMS: Restricted fireworks are 9 only those classified. And it says, "Commissioners court of 10 such county by order may prohibit or restrict the sale or use 11 of restricted fireworks in all or a portion of the 12 unincorporated area of the county where drought conditions 13 have been determined to exist." I, frankly, don't know of any 14 area in the county where drought conditions don't exist. But 15 a resolution needs to be adopted if we're going to do that. 16 But the other Commissioners may have something they want to 17 say. 18 COMMISSIONER BALDWIN: I just wanted to say that in 19 the 16-plus years that I've been a Commissioner here, I've 20 never found that it was necessary to do this, to ban fireworks 21 or the sale of them. But I see us in a critical situation 22 here, it's that dry. And the Keech-Byrum index is what drives 23 these thoughts, and burn ban and all of that. And, as the 24 Commissioner indicated, you actually started on the right one. 25 JUDGE TINLEY: Mm-hmm. 6-14-06 emg 5 1 COMMISSIONER BALDWIN: And it's a little more 2 critical. But I -- I just -- this is the first time that I've 3 even considered it, and I'm certainly going to vote in the 4 affirmative to ban the fireworks. 5 JUDGE TINLEY: Anyone else have anything? 6 COMMISSIONER LETZ: I just concur. I think everyone 7 knows I don't like burn bans; I don't like controls like this, 8 but this is a situation and we're in a situation -- I've never 9 seen it this dry in June in a long time. 10 JUDGE TINLEY: Do we have any member of the audience 11 who wishes to be heard on this thing? We're certainly happy 12 to hear from you if you wish to be heard. 13 MR. CRAIG: I support -- 14 JUDGE TINLEY: If you'll come forward and identify 15 yourself, and tell us what's on your mind, sir. 16 MR. CRAIG: I'm Gary Craig. I live out at Windmill 17 Ridge. I support this thing. Volunteer firemen can't put all 18 the fires out that are going to be caused by this deal. Can't 19 possibly do it. Thank you. 20 JUDGE TINLEY: Is there anyone else who wishes to be 21 heard? 22 MR. EMERSON: I told the Sheriff -- he couldn't be 23 here because of previous commitments, but I told him I would 24 relay to y'all that he's definitely in support of the burn 25 ban, and thinks it will be a serious safety issue if it's not 6-14-06 emg 6 1 in place. 2 JUDGE TINLEY: All right, sir. Chief Lynch? Come 3 forward, if you would, sir. 4 MR. LYNCH: Yes, sir. Ray Lynch, Fire Chief for 5 Ingram Fire Department. I'd like to report to y'all that I 6 support y'all putting a ban on aerial fireworks for the simple 7 fact it's very dry. I went back in history for a year; for 8 July the 4th of 2005, I had three fires that started from 9 fireworks, two of them aerials, one of them by sparklers. 10 Still, conditions were very, very dry. We hope you'll 11 consider putting the ban on. Would y'all like to have a copy 12 of these reports? 13 JUDGE TINLEY: If I might just ask you, you say two 14 of the fires last year during the July 4th period were -- that 15 you had to respond to -- your department responded to were 16 from aerial fireworks? 17 MR. LYNCH: Yes, sir. 18 JUDGE TINLEY: And that was just one year back that 19 you looked? 20 MR. LYNCH: Yes, sir. 21 JUDGE TINLEY: Okay. Can you recall off the top of 22 your head prior years? I know you've been out there for a 23 number of years, Chief Lynch. Can you recall off the top of 24 your head prior occasions when drought conditions existed, 25 either during the Christmas holiday period or July 4th period, 6-14-06 emg 7 1 that similar conditions -- 2 MR. LYNCH: Yes, sir. Sometime back in the '80's 3 and the '90's, you know, we had more than this. You know, and 4 most of the time we -- it's from stupidity. People down the 5 road, you know, shooting Roman candles or -- or bottle rockets 6 out of vehicles. 7 JUDGE TINLEY: Mm-hmm. 8 MR. LYNCH: Situations like that. 9 JUDGE TINLEY: The same type of fireworks you're 10 talking about here? 11 MR. LYNCH: Yes, sir. 12 JUDGE TINLEY: Aerial. 13 MR. LYNCH: Yes, sir. 14 JUDGE TINLEY: Okay. Anything else, sir? 15 MR. LYNCH: That'll do it. 16 JUDGE TINLEY: Thank you, sir. 17 MR. LYNCH: You bet. 18 JUDGE TINLEY: Any -- any member of the Court have 19 anything further to offer? 20 COMMISSIONER NICHOLSON: In thinking about this, 21 I've considered some principles of government that I subscribe 22 to, and some of those principles are that government should be 23 small and nonbureaucratic, and should at every possible 24 opportunity avoid unnecessarily treading on personal liberties 25 and property rights, and it's adherence to those principles 6-14-06 emg 8 1 that convinced me that we should not have a ban on fireworks. 2 Another principle is that county commissioners are elected by 3 constituents to represent their views to Commissioners Court, 4 and in the last 24 hours, it's become very clear to me that 5 the overwhelming majority of my constituents want to ban 6 fireworks. So, in 24 hours, I've changed my mind and I'll -- 7 I'll reluctantly vote to have another -- I wish unneeded -- 8 restriction on personal conduct. 9 COMMISSIONER BALDWIN: Well, I agree with you on the 10 private property-type issue. The burn ban and these kinds of 11 things, I detest, that we have to control people's lives. But 12 there is an element out there that -- you know, the 13 old-timers, I -- I don't have any problem with the old 14 ranchers that have been here forever. They know what they're 15 doing, and they're not going to put in danger themselves or 16 their neighbors and their property. But there's some 17 newcomers around that -- that have to be controlled, period. 18 I know those are rough words, but it's absolute truth. And, 19 so, I -- because of the conditions -- and I think this Court 20 will do whatever it takes to protect our citizens and their 21 property, and this is one of those times. 22 COMMISSIONER WILLIAMS: That's exactly what it is. 23 Judge, let me read a resolution into the record; then we'll 24 know that we've done it right. This would be a resolution. 25 Order prohibiting certain fireworks in unincorporated areas of 6-14-06 emg 9 1 Kerr County. Whereas, the Texas Forest Service has determined 2 that drought conditions exist in Kerr County; and whereas, on 3 the 14th day of June, 2006, the Commissioners Court of Kerr 4 County has determined that the normal danger of fire in the 5 unincorporated areas of Kerr County is greatly enhanced by the 6 extremely dry conditions now existing; now, therefore, the 7 Commissioners Court of Kerr County adopts this order 8 prohibiting the sale or use of restricted fireworks in the 9 unincorporated areas of Kerr County. A. No person may sell, 10 detonate, ignite, or in any way use fireworks classified under 11 49 C.F.R. part 173.100 -- I believe that's an (r) -- (2), 12 (10-1-86 edition) as skyrockets with sticks and missiles with 13 fins in any portion of the unincorporated area of Kerr County. 14 This order does not prohibit common -- 1. Common fireworks, 15 small in size, classified as Class C explosives, or 2. Large 16 fireworks devices designed primarily to produce visible or 17 nudible (sic) effects by combustion -- 18 JUDGE TINLEY: Audible. 19 COMMISSIONER WILLIAMS: Audible. Audible effects by 20 combustion, deflagration, or detonation, and classified as 21 Class B explosive by the U.S. Department of Transportation -- 22 reference. A person commits an offense if the person 23 knowingly or intentionally violates a prohibition established 24 by this order. An offense under this order is a Class C 25 misdemeanor. And it's signed -- there's a line for approval 6-14-06 emg 10 1 by the Court on the 14th day of June. I offer that as a 2 resolution for adoption. 3 COMMISSIONER LETZ: Second. 4 JUDGE TINLEY: We have a motion and second for the 5 resolution as placed into the record. 6 COMMISSIONER WILLIAMS: And authorize the County 7 Judge to sign same. 8 JUDGE TINLEY: Any question or discussion? 9 COMMISSIONER BALDWIN: Just to clarify something, a 10 Class C misdemeanor carries a penalty of what? 11 JUDGE TINLEY: Fine only. 12 COMMISSIONER BALDWIN: Fine up to $80 million and 20 13 years in jail? 14 JUDGE TINLEY: 500. 15 COMMISSIONER BALDWIN: $500? So, with the Sheriff 16 saying he's in support of it, that means that the Sheriff will 17 be out writing tickets. 18 MR. EMERSON: Correct. 19 COMMISSIONER BALDWIN: Okay. 20 JUDGE TINLEY: Anything else to be offered? Like 21 Commissioner Nicholson, I -- I would like to hope we would 22 exercise personal responsibility and have that be a good 23 exercise, and unfortunately, that doesn't seem to always work. 24 I think the thing that probably carried the day for me is, 25 number one, virtually everyone I've heard from indicated they 6-14-06 emg 11 1 were strongly in favor of us banning aerial fireworks during 2 this period. And, secondly, Chief Lynch telling us that there 3 have, in fact, been incidences where his department has had to 4 respond to fires that have been caused by that demonstrates to 5 me that it is a real threat and a real danger to lives and 6 property here in Kerr County under the circumstances. So, I 7 -- like Commissioner Nicholson, I'm -- I don't like to put 8 burdens on people and government be telling them what to do, 9 but sometimes when they won't exercise good judgment or rules 10 of common sense and safety, why, maybe we don't have any other 11 choice. Any other questions or comments on the motion? 12 COMMISSIONER BALDWIN: Judge, I do have one more -- 13 actually, it's kind of in a question. Is my understanding 14 that we put this in place today, but we can also lift it 15 anytime between now and the 4th of July? 16 JUDGE TINLEY: If the drought conditions cease to 17 exist, I think is the key to that, Commissioner. 18 COMMISSIONER BALDWIN: Correct. 19 JUDGE TINLEY: My understanding. Is that not 20 correct? 21 MR. EMERSON: Yes, sir. 22 COMMISSIONER BALDWIN: So, if we got three 3-inch 23 rains at the end of June, we could come back in here and lift 24 it then legally, couldn't we? 25 JUDGE TINLEY: I'd be tickled to death to have that 6-14-06 emg 12 1 before us under those circumstances, Commissioner. 2 COMMISSIONER BALDWIN: I just need to know if that's 3 true or not. 4 COMMISSIONER WILLIAMS: It is true. It's 5 Subsection -- Paragraph (2), Subsection (e). "An order issued 6 under this section shall expire upon determination as provided 7 under Subsection (b) that such drought conditions no longer 8 exist." So, if we can determine that that's the case, the 9 order can be lifted. 10 COMMISSIONER BALDWIN: Good. That's all. 11 JUDGE TINLEY: Any further questions question or 12 comments? All in favor of the resolution or motion, indicate 13 by raising your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: The motion does carry. That being 18 the only order of business, we'll stand adjourned. 19 (Commissioners Court meeting adjourned at 4:46 p.m.) 20 - - - - - - - - - - 21 22 23 24 25 6-14-06 emg 13 1 STATE OF TEXAS | 2 COUNTY OF KERR | 3 The above and foregoing is a true and complete 4 transcription of my stenotype notes taken in my 5 capacity as County Clerk of the Commissioners Court 6 of Kerr County, Texas, at the time and place 7 heretofore set forth. 8 DATED at Kerrville, Texas, this 21st day of 9 June, 2006. 10 11 JANNETT PIEPER, Kerr County Clerk 12 BY: _________________________________ Kathy Banik, Deputy County Clerk 13 Certified Shorthand Reporter 14 15 16 17 18 19 20 21 22 23 24 25 6-14-06 emg