Travis County Commissioners Court
Tuesday, June 14, 2011 (Agenda)
Item 2
Item 2, consider and take appropriate action on the regulation of fireworks in unincorporated Travis County.
>> again, hershel lee, Travis County fire marshal.
Travis County has been under a burn ban since December 14 of 2010 with the exception of one three-day period of time.
our rural areas are extremely dry.
fires get out of control, spread very quickly.
this is evidenced by a fire in April in oak hill and more recently a fire in -- out in reimers ranch.
in the past week my office has responded to two outdoor fires in particular where they called to us investigate.
one of those was a gentleman was actually cooking outdoors over a small fire and an ember from that fire moved more than 50 feet across open space and started a fire which burned about an acre and a half.
another fire, there were two juveniles playing with fireworks they had left over from last fireworks season, started a grass fire.
that grass fire damaged one home and two outbuildings.
again, our drought index currently is 671.
some areas in Travis County being as high as 716.
the 14-day index is predicted to be in the 700, 800 range.
we're listed by the u.s.
drought monitor in an exceptional drought category, which is the highest drought category and Texas forest service lists us in the high fire danger area.
local government code 352.051 allows the Commissioners court to restrict certain fireworks, rockets with sticks and missiles with fins when the drought index is above 575 and if it's done so -- or if it's done by June 15th.
and regardless of any other action that the court might take today, I would recommend that we put that restriction in place.
government code 418.108 allow restriction bee london local government code 352 when a local disaster is declared.
and a local disaster could be declared when either a disaster has occurred or a threat of disaster is imminent.
and a disaster restriction beyond those allowed by local government code is only valid for 60 hours unless an extension is approved by the governor.
yesterday bastrop county declared a disaster and has forwarded a request of the governor to extend that beyond the 60 hours.
caldwell county has done the same.
hays, Williamson, blanco, burnet, they have placed restrictions in place for the restricted fireworks and today will consider the local disaster declaration.
my recommendation to the court is to prohibit the sale and use of fireworks in Travis County by the declaration of a local disaster.
>> with that type of recommendation that you are bringing, I guess if the court decides to go up under the umbrella of 352 section of this and also request that the governor uphold our local disaster declaration, what would be -- and I guess folks would need to know this because one thing that we're looking at, if the court decides to do that, it means there would have to be enforcement to ensure that the prohibition can actually be enforced by the proper authorities.
can you basically tell me the penalty as far as the fine, and also -- well, the fine for one aspect.
what would it cost?
I've heard 500 to $1,000, I've heard that.
and 180 days imprisonment under the local disaster declaration violation of dealing with fireworks.
so I'm trying to make sure that whatever we do here, that the public understands that there are penalties and probably maybe incarceration associated with some of the violations if you end up doing fireworks we're telling you not to deal with it over this time.
I need to be real clear about that.
and also if that is the case, then how will we distribute the information out to the public so the public will understand this.
number 2 is how we get the word out to the sheriff, I guess possible park rangers and all these other folks that have the authority to issue citations under this type of -- under this type of declaration that -- if the court decides to go that way.
and I laid out a lot, but I think the public deserves to have an answer either way on this issue.
>> you are right, the public does deserve an answer and a clear and condition size answer.
in the past when Commissioners court declared a disaster, the penalty was set as a class c misdemeanor with a fine up to $500.
now, in government code there is a greater one that is allowed and that's something that's up to the court.
as far as enforcement out in the field, it's much easier with enforcement authority if they have the authority to write a class c citation, and if necessary confiscate fireworks.
now, if the situation warrants, for instance, if one of those lee children went out and started a fire with fireworks and it was easily proven and that fire damaged other structures, it's not necessarily limited to a class c misdemeanor because there are additional charges that exist outside of this disaster declaration.
for instance, reckless damage or destruction or criminal mischief.
and those charges could be filed in addition to this possession of fireworks or use of fireworks charge that we are discussing today.
>> but that's not our determination to make, that's prosecutorial discussion so the decision point we have to make doesn't involve what the penalties would be in any specific instance, just whether or not to put the disaster declaration in plays with the fireworks ban?
>> the disaster declaration will generally spell out as one of the last lines exactly what the court expects as a violation of the sale or use of those fireworks.
but you are correct that anything beyond that would be based upon evidence that was found at the scene and would be able to be presented to a prosecutor.
but just the use of fireworks, someone seen or observed using fireworks when it was prohibited could remain in a class c misdemeanor if that's the direction of the court.
>> and it would still be in the -- in the discretion of law enforcement to decide based on the circumstance whether a citation was appropriate or whether mere confiscation would be sufficient.
>> you are correct that this would be an officer's discretion call at the scene.
as far as how the information would go out, my office will -- if you choose to do that, my office will prepare a press release to get out to all of the press and the news agencies, television agencies would propose we mad use Travis County television, channel 17.
I have been going over my -- a list of things that are possibilities and those are electronic signs and other things that might be able to use to get the message out.
but in particular once we get into the selling season, we need to be sure that we make this announcement and try to get the word out every day.
and the closer we get to the end of the season when most people are using fireworks, we especially want it to be a daily announcement.
if our neighboring counties choose to go the way bastrop and caldwell county will lessen the impact because it won't be as simple as crossing a county line to buy fireworks and bring them back.
it will be a matter of crossing the entire county as a possibility to buy fireworks and bring those back.
more of the counties to the south, bexar county and guadalupe county in particular, have already declared disaster as well and comal county is considering that.
I'm not sure if I covered everything --
>> well, basically I just wanted to make sure everything is laid out so the public will not be ignorant of the fact we're doing here and what are the impact on what we're doing on those persons that actually violate if the court decides to prohibit.
>> I have been in communication with each one of the constable office, with the sheriff's office and Travis County parks.
as you are aware, fireworks are already prohibited in Travis County parks and they have permanent signs at the park entrances.
>> exactly.
>> about that.
but I've been in contact with other law enforcement agencies that I work in the unincorporated areas to let them know that there was a possibility that this was going to happen, and the run of the enforcement load will be out there on the front line people that are on shift every day when the fireworks would be available to the public.
it might be brought in from somewhere else.
but if the court chooses for this disaster declaration to be in place, if you kept fireworks from two seasons ago, they will still be prohibited even though you bought them legally six months or a year ago, they would still be prohibited if the court chooses this action today.
>> anybody here from the fireworks industry?
if so, please come forward.
and give us your name.
we would be happy to get your input, the fireworks industry.
>> are you taking comments from the public as well?
>> yes, sir.
mr. Davis here?
>> no, sir.
eric glenn on behalf of Texas pyrotechnics association, chester Davis.
were you just wanting a response from us?
>> yes, sir.
>> yes, sir, at this point we believe it would be advisable for you to continue to look at the ban on stick rockets and missiles as is pointed out in 352.
we're hopeful that at some point in time we're going to see a break potentially in this weather.
we understand what you are -- what your requirements are in terms of time so by taking the action on restricted fireworks, stick rockets and missiles.
in addition one of the things we would be willing to offer within Travis County is the use of safe and sane fireworks.
at this point in time those fireworks have a very limited diameter in terms of the way that they explode and they have a very limited height distance as well.
at this point we're really hopeful that we can provide some relief to those nonprofit groups who are the majority of sellers of fireworks and would encourage you to make use of the 352.051 and perhaps wait a little longer before you do a youth right ban.
I'm happy to answer any questions.
>> the only thing is I've had calls from folks who live outside of the city limits very concerned about their safety and the safety of their homes.
and especially they don't feel like they can leave town even for a weekend because of the danger and the possibility of something going wrong.
either a child or someone else.
so it seems to me that even with an ember, just a small ember can cause just incredible damage.
and I think that's what I hear from the folks out in -- outside of the city limits.
>> and Commissioner, I think you are correct, however, I guess I would point out that there are multiple dangers present besides just the presence of fireworks.
and I would tell you that those folks around here who sell fireworks, most of the folks who use those fireworks use them responsibly in a way that does thought bring harm to their neighbors.
>> I don't think we're concerned about people who use them responsibly, it's the accidents that happen like with children and -- who may just be playing around and still, though, the -- the cause or the damage that's caused is really -- has a huge impact on the folks who are affected.
>> again, and we -- we are very concerned about that as well.
and in previous years I know that this court has taken the action of limiting the restricted fireworks, the stick rockets and the missiles, which we have conceded have been problematic and have worked very diligently as an association to eliminate the use of those particular items. We would like to ban them permanently.
however, I just want to point out that we have frequent fires around this place that do not have anything to do whatsoever with fireworks, and again I wanted to stress we would welcome the opportunity to perhaps go to a safe and sane so that we have an opportunity to sell something in this particular area.
you have to understand we are limited to 24 days a year in sales.
this is one-half of the year for us.
we've also visited with mr. Lee and others to explain that we are more than happy to try and limit the sale of fireworks at this point in time to perhaps a two or three-day selling season from the 12 that we're normally granted at this point in time.
and then finally in past years this court has also taken the action of prohibiting the use of fireworks as opposed to prohibiting the outright sale of those fireworks.
I think mr. Lee has laid out some very interesting proposals in how you continue to notify folks, and we had great success, if you recall, in '07 by simply pointing out we did not want folks to use those fireworks that they purchased, and once that season had ended and the ban was lifted, they were able to use those.
you know, our biggest concern frequently that we see in this particular case is that your declaration will go and this disaster is declared and somehow the disaster is immediately over on the 5th of July or the 6th of July when those conditions are going to continue.
so in some ways it does make us feel as if we're being singled out as an industry and given that we've got 24 days a year in July and December to sell those, and we would also do as we've done in the past and encourage every consumer who purchases fireworks from us to please use those in a responsible manner action and if they are not in a place where they are set up with water or fire extinguisher to get to a place they can do so safely.
the county has an option to set up a safe area for consumers who want to celebrate this holiday in a way they choose to express themselves.
>> I think in the past we've looked at the conditions and it's not necessarily fireworks, it's fire.
whether it's comes from burning trash or it comes from fireworks.
and I believe as time has gone by, since we put those bans in place for the rockets and missiles, that the conditions, the reports I've heard, the conditions, the weather conditions have gotten worse.
and we're drier now than I think we've ever been that I remember.
and so it's not singling you out at all.
it's simply that fire or flame, wherever it comes from, is not used responsibly.
>> and we would encourage the court to make sure that as a result of that concern around the fire hazard that is existent, please take the precautions to ban all of the things that potentially lead to fires.
the welding, the outdoor cooking, a lot of the other things, encourage folks to get their chains off their trucks as they are dragging down the roads.
to not discard cigarettes.
>> absolutely, and we have banned those things.
>> you mention cigarettes and I heard somewhere recently that they are really looking at folks dumping cigarettes out the window, the potential for the fire.
I guess what I'm trying to let everyone see here in my opinion that we are under a severe drought, we're in severe drought conditions throughout the state of Texas, basically.
there's been a lot of counties that have -- that are experiencing drought situation.
and it just appears to me that public safety and safety of things are paramount in my mind.
a fire is a fire is a fire.
public safety is public safety.
and I think all of us need to embrace ourselves, and you mention a lot of examples of people doing whatever they are doing that may promote enhance opportunity to create a fire.
and, of course, I think this is something that everyone should take under its particular umbrella and say, look, this is what I want to do to help prohibit the fire danger out there.
you are just one of a whole bunch of folks that we're trying to look at as far as fire is concerned as far as get the message out, and that's true, community indicate with everybody.
but the specifics you bring to us and the easy distribution of these particular fireworks, and you just mentioned missiles and stick rockets and things like that, missiles with fins, of course just prohibit those two under section 352.051, just prohibit those; however, there are those others, and all of them are potentially dangerous.
why?
because they are fire hazards.
it's no way around that.
I hear what you are trying to do and I understand what you are doing, but it's no substitute, in my mind.
and so -- but anyway.
>> Commissioner Eckhardt, comments?
>> I'm sorry, I missed your name.
>> eric glenn.
>> nice to meet you, mr. Glean.
>> nice to meet you as well she Commissioner.
>> I appreciate the local representatives of the fireworks industry for all y'all have done to work with us in the past fireworks seasons.
but I remain persuaded by graphs that were provided to us with regard to the total numbers of fires by months as well as the total numbers of fires caused by fireworks by month over the last 10 years.
and it is undisdisputable that in the 24-day selling period around the fourth of July and new year's eve that we see spikes in fires, irrespective of whether their cause is proven or not.
and I think that it doesn't take a stick rocket scientist to determine that fireworks are a major contributor to the spike in fires around the fourth of July and new year's eve.
my question to you is, given that there is a considerable social cost to these fires that spike around new year's eve and the fourth of July, what is the fireworks industry doing to take on some of those social costs with regard to our esds and our fire departments?
because at this point I'm seeing a very, very healthy lobby in the fireworks industry that has virtually prevented us from having the ability to respond to conditions in the field as they arise.
I hear the fireworks industry complaining that they've been singled out and that this ban would go in place and the conditions might change and we wouldn't have the ability to change it, but that is a statute of your making so that we don't have the flexibility to respond close to your selling season.
so what is the industry prepared to do, what are you doing to provide us the flexibility to respond as conditions change?
and also what are you doing to take on some of the social costs of this spike in fires around the fourth of July and new year's eve?
>> first of all, with regards to what we're doing, several legislative sessions prior to this one we actually imposed a 2% sales tax upon ourselves to provide both education and training for fire departments, for rural fire departments, for the purchase of equipment, and interestingly enough every time we go through one of these bans, what ends up happening is there is less money available because of that 2% tax that we imposed upon ourselves to try to provide for that equipment, to provide for that training, to provide for additional resources into the communities where fireworks sales are provided.
we found that to be very, very important.
>> but that, of course, is a use tax that's commuted to the customer that's not actually born by the fireworks industry.
>> that's correct, but --
>> but the customer is --
>> one at a time.
if you would give him a chance to answer the question.
>> I just want to make the distinction that --
>> if you give him a chance to answer the question, fine, but the distinction is a 2% sales tax is borne by the buyer and so is the sales tax by the esds so that isn't the industry taking on responsibility for the social costs.
>> well, I guess we can disagree about whether it's us taking it on.
I believe that by us going forward and asking for the imposition of that tax, I believe that if that money was actually be utilized in the manner in which it was intended, there would be additional training, there would be -- a lot of folks could have the opportunity to see beyond -- the reason why we believe the legislature has left it at restricted fireworks, the stick rockets and the missiles, is because those represent the greatest danger.
all of the fireworks that are sold in this country are approved by the consumer product safety commission.
they constantly test these things to make sure that they do not represent a greater hazard than, again, at many other items that we see going on every day as people are driving down the street.
there are so -- will let's get back to the answer to the question.
what is the Texas industry doing to take on some of the social costs of the industry?
>> I guess I'm trying to figure out what costs we should take on, the social costs other than us having provided for additional training, additional resources, for equipment purchases.
>> but you didn't provide for it.
you are asking the taxpayer to provide for it, the taxpayer already is.
>> we're asking the end user who understands that as a result of your purchasing this particular piece of product or material, we think it's important that something be done about that.
I would personally find a use tax to be one of the best taxes of all in terms of if I don't use it, then I'm not paying for that.
so I think our customers have found it to be something that they support and they are very happy about the fact that they are providing additional resources.
>> where is the industry with regard to consolidation of emergency service districts and professionalizing of emergency service districts as the legislation that was proposed in this current session?
eye worked rather closely with the esd folks on that particular piece.
we support the consolidation of the emergency service districts.
what we don't support is multiple layers of government for us to somehow be confronted with.
these are small business folks.
so what our concerns were during the past legislative session, what those were related to, and we reached an agreement, which was to say you all continue to do what you do in the emergency service districts.
what we're asking you not to do is regulate fireworks which we believe is the domain of either the state of Texas or the Commissioners court.
we're creating so many various layers of government, and unfortunately it's not just here that we have to come down and visit with you all.
you know, we could potentially get a county inspection, we could potentially get an emergency services district inspection, and each of those inspections cost us money.
I wanted to claire, we are not a consolidation of these districts.
what we are against is the consolidation of additional regulation on this industry when we believe it's both the state and the county who should be regulating us.
>> so you would rather respond to 13 separate emergency service districts in Travis County than work for their consolidation?
>> no, ma'am, as I've stated before, I am not -- we are not opposed to the consolidation of the esd districts.
you know, I live out in west Travis County.
the chief out there, he came down during this legislative session.
we worked rather closely with him.
again, we've stated we are not opposing the consolidation.
we're simply making sure -- and I believe the statutes were clarified to say they cannot regular late fireworks sales, fireworks stands.
that is the jurisdiction of both the state and the county.
>> fascinating discussion, not quite on point with today's agenda item though.
thank you, mr. Glenn.
>> thank you, judge Biscoe.
>> your name.
>>
>> [inaudible].
>> welcome.
>> one of the things eric brought up was the idea of trying to allow safe and sane which is products with low parameter diameter of emissions of sparks and low height.
and with the safe and sane, you are looking at a 10 to 12-foot radius and you are looking at a 10 to 12-foot height.
>> please use the microphone.
>> can you pull the microphone --
>> I'm sorry.
one of the things he was asking for is the ability to be able to sell safe and sane and only have that product in the stand during fireworks season this year.
chester had agreed to try and contact all of the news media and try and start a campaign to at least explain what we were doing, explain why those other products aren't in the stand because it isn't safe this year the way things stand right now, and to try and allow us to have some sales this season versus none.
most of us have leases that we pay on the location that we have our stand.
even with safe and sane, I don't think I'll cover my lease.
that's okay.
I'm in this industry and I understand that we can get into a situation where we have problems with fire.
I also live in east Travis County and I am concerned also.
I don't want people shooting aerials by my house.
so my biggest concern is that we shut it down completely or that we initiate the disaster declaration at this point and make it where we can't back up -- I don't -- I'll be honest, I don't anticipate us having a tropical storm come into the gulf and give us enough rain to alleviate this situation.
it's still possible.
all of us have grown up here know it can change in a very short period of time, weather conditions and drought conditions can change here quickly.
but what we would like to do is just not shut us down completely.
and the safe and sane items, if that's the only items being carried in the stand, which is the way it would need to be to avoid problems with customers for the people out there retailing now.
they need the ability to have only that product in the stand.
and I think at least everyone I know of, and I know several independents and chester and all of us have talked about this, the idea that we don't put anything else in 2 t.
in thd and be available where people can even see it.
that's one of the concerns.
the other thing chester talked about doing when he talked to the press about the idea safe and sane would be the only thing sold would be the idea he would try to get enough time with the press to allow him to have him do some discussion about safely using those products.
I've done 50 fireworks show myself, a lot of them pretty good size, some as less and as long as 30 minutes and I've never had a fire.
I'm always cautious.
I have a brochure I pass out safety tips and safety problems. One of the brochures in one of the years, I told the people look, buy the product.
this year we're not good to have public displays, but I asked them buy these products and put them on a shelf.
wait until we get some rain.
wait until it's safe.
have a birthday party or anniversary party when we've got safer conditions and go watch a public display.
but like eric said, if you shut us down for the entire season totally, then there's a lot of us that are going to have a hard time pay fog what we've got to pay for.
but I'm also willing to work with you.
I don't want anybody's place burned up either.
I don't want my place burned up.
so I would just like to see if you would consider that.
the other thing I'd like to mow is if we do put the disaster in place and we did have a tremendous weather change, we got a tropical front through the gulf, we got some rain, which like I said I don't anticipate at this point, would you be willing to reconsider if we were already in season and reopen if we've got some rain.
>> when you finish, let me ask you --
>> I'm son.
>> what was your name?
>> shawn mcman.
>> you mentioned safe and sane and then you mentioned height, elevation as far as approximately 10 feet.
>> 10 to 12 feet, yes, sir.
>> 10 to 12 feet up.
>> yes, sir.
>> okay.
my concern --
>> in a 10 to 12-foot diameter.
>> yeah, right.
but my concern is several.
one is accountability.
accountability meaning that the person that purchased these particular items in this particular category of fireworks, how responsible will they be as far as going out and using them.
I don't really know how is that monitored, I don't know.
>> I don't have any way to control what a person does once they buy a product.
it doesn't matter whether it's charcoal brick, propane grill.
>> neither do we.
>> but are we banning all of that?
>> hold on.
I'll let you finish, let me finish.
thank you very much.
secondly is when you mention height, I notice that the wind, the prevailing winds are very, very strong in this area and they have been for several days.
prevailing winds also can take whatever is up in the air and take them for several distances away.
you heard about the ember.
you heard Commissioner Gomez mention ember earlier.
that is -- you know, something that can happen because of the prevailing winds.
so that particular concern I have also.
the conditions out here as you heard staff mention are critical.
we are at the point of the driest point -- 800 index?
somewhere around there, between 750 and 800, the driest point with no moisture, I mean zero moisture out there.
so that is critical, in my mind.
and I hear what you are saying, and even with this I'm thinking the spike of the increase in fires that Commissioner Huber mentioned during the fire work season, how little a severe spike in the activity as far as fires are concerned.
I'm thinking about those esds and those fire-volunteer fire persons that are struggling out there trying to put fires out and some of them aren't equipped adequately and have a shortage of staff because it is a volunteer effort of what they are trying to do out there, the esds.
so it's a majorly concern.
especially when you have zero moisture out there, that's very tough.
there is the prevailing winds also.
you can't predict that.
I don't think anybody else can.
but we know those kind of conditions exist and we know what the conditions are zero moisture as far as the drought is concerned.
we have to take all of these things into consideration, but at the end of the day we're here to protect public safety.
and, of course, this is what this is all about, in my mind.
so again, I did hear your comments and thank you so very much for them.
>> any questions for mr. Mcmahon?
>> can I ask one more question?
would you consider having an area set aside for people to set fireworks off in where we could have fire department presence and allow sales for people to shoot fireworks in that area as a safe area?
>> as I stated before, the zero -- the zero moisture conditions that I heard our staff tell us earlier, it is a very severe drought.
and also talked about the prevailing wind and also talked about the embers.
Commissioner Gomez mentioned that, the embers in her testimony.
>> we'll consider that before taking action and that will be today.
when do the fireworks people start stocking stands?
>> most of us don't start until a day or two before the product goes on sale.
there were several issues that were brought up and I don't know if I expressed them well enough --
>> my question is real specific.
for July 4th, you would start stocking when?
>> typically, judge, about June 23rd.
>> so next week.
>> yes, sir.
>> okay.
>> the other thing that of the s offered by them was reduce the season to two to three days.
one point I forgot to bring up, one was shutting down completing on red flag days where we've got the wind conditions.
we don't want fires any more than y'all do.
we do want -- most of us love fireworks and enjoy dealing with our customers and the people we've been doing business with for a good while.
we want to be safe.
we don't want any firemen burned up, we don't want any property burned up.
but we also enjoy and love the freedom of being able to shoot fireworks.
and so far in the state of Texas that's still allowed year round.
but it does need to be done safely.
there's no doubt about it.
>> okay.
anybody else here from the industry?
then let's hear from residents.
mr. Priest.
by the way, we will need those two chairs.
>> thank you, judge, Commissioner, morris priest speaking on my own behalf.
I've been shooting fireworks since I was five years old.
I've put on shows 30 minutes longer than the city of Austin shows, which is a ridiculous ban, banning fireworks on town lake.
I did want to say part of the thing that I think is hypocrisy from this Commissioners court is I've checked with herschel lee and we've in years of complaints in oak hill and all over the county about making complaints about dangerous fire conditions and we haven't fund one single ticket that I can find, maybe y'all can research that in executive session of tickets being written or any enforcement being done when we've had hundreds of complaints.
notice in this last oak hill fire, there were hundreds of complaints and 311 calls and 911 calls about people coming out and addressing this issue and were never addressed.
and this guy was drinking and cooking.
and I did want to lead to one thing to have a series of questions that some of these things are new and different and if you have any questions after I get through with them, I didn't want interruptions on each one of them, but I'm willing to answer questions but these are things I would like you to discuss in executive session about the fact the county and city has such poor enforcement over the years that I think y'all should have to at least look at your part in not having addressed these things when there have been so many complaints in the past.
and I'm just talking about fireworks, I'm talking about fires, cooking and smoking and people parking cars with catalytic convert oh,.
no other time of year than fourth of July in the years do we have such large crowds of people and many of these fires are started from catalytic converters from cars parking over high grass, people smoking and drinking and cooking irresponsibly and just a mischaracterization to connect to it the fireworks industry.
but these main -- main issues I have I think it's very discriminatory thing to associate this with the fireworks industry and I did want to tell you I think the county is ignoring the enormous, the enormous economic impact this will have a Travis County.
we talked about the sales tax, and I don't mean this to be rude or conned send to go the court, but this -- condescending, but the people on the Commissioners court are all tollers and everyone on this court has been highly -- a user tax for toll roads.
but this -- I do know from firsthand knowledge that chester Davis and many of these people in the fireworks industry have supported all of our local fire departments and they've done benefits and nonprofits and some of those nonprofits are not just for fire departments but for other nonprofits and we know how hard up we are for money and many of these nonprofits use these occasions to raise money.
I know with
>> [indiscernible] and some of the things you all have discussed in the past, I know you are concerned about minority employment.
I don't think you can find an industry that employs more minorities than the fireworks industry.
there's just some things that I think really we haven't put the emphasis on the things that the fire industry -- works industry does as well as police themselves better than the police.
they've done so many things to change the laws, you know, regarding the different classifications of fireworks and the training has been enormous.
there's not a package sold that doesn't have instructions.
I've never seen anyone sell fireworks that don't answer any questions or train people.
but I think that the enormous economic impact of such a highly over the top ban when it's most fires are own fire marshal have said have been undetermined cause and the number one is discarded smoking materials.
so I think this court would have a hard sell to put the enormous overreach on one industry that's done so much to benefit so many people in the community.
and I just think that you really are -- you are basically killing an industry and I'm just wondering, one of the last questions I want you to ask during Commissioners court, some of these people feel that you have killed an industry or at least that's what you are wanting to do.
and some of these people that have fireworks that have sold them for a living decided to give them away or, as chester once told Commissioner Davis last year, the most dangerous thing we can have is people making fireworks.
and we know that when -- it doesn't matter if it's moon shine or fireworks, we know when people can't get ahold of a safe product, they will go out and make their own and that is the number 1 risk and that is the number 1 safety risk in this situation.
so when you look at risk, I think you should look at all risks and you'll have people out here shooting up in the air or, you know, I think the black powder sales have already gone up.
but anyway, I think that y'all are really overreaching here and I think that the things that the fire industry, fireworks industry has suggested, and I just really think you are way overlooking the benefits this industry has done for this community.
>> thank you, mr. Priest.
mr. Fernandez.
>> good morning, Commissioner.
my name is gavino fernandez and I'm here to up support and endorse the ban of sale of fireworks.
as mentioned by Commissioner Davis and Commissioner Gomez, one is the issue of safety.
the other is in the rural area you have very limited access to water in records to if there was to be an accident or a fire.
and that increases the safety concern.
the other thing is that this is a unique situation in regards to the weather we're in right now and this isn't something that the county does every season.
it's basically being brought to us because of the current conditions and because of the prevailing winds.
so I think that it behoove this court not to ban the sale of fireworks during this very critical weather season that we're facing.
and I don't see it as an issue of regulating, it's more of a protection, more of a safety issue.
and those industry -- those vendors that are nonprofits and will be, you know, experiencing an economic shortfall because of this, I think that what we could do is identify those nonprofits and educate the community to make donations to those nonprofits in lieu of the fact that this is going to occur and going to impact their finance capacity.
and I just want to close by saying there are two other fires we need to put out.
today is the last day for early vote and I strongly encourage all your viewers to vote.
>> fireworks item.
fireworks.
>> okay.
>> you tried.
you tried.
>> but anyway, judge, thank you for reminding me that it was fireworks issue, but I do, again, want to endorse the ban and make sure that safety prevails before any financial interests.
>> thank you.
mr. Reeferseed.
>> thank you, judge.
I don't know if this is working, but proudly as a stick rocket scientist, using sarah Eckhardt's phase ology, a common sense citizen saying sorry, charlie, protecting the fireworks industry here locally doesn't hold a candle to preventing pointless death and destruction from fire.
we're all on this truly -- truly on the edge of disaster.
we have to stop the carol killing potential.
just so no to fire.
industry is important, but this is survival mode we have to take.
>> thank you, mr. Reeferseed.
constable mccontain.
cane.
>> I go along with ronnie.
I normally don't go along with him all the way.
I can really associate with him.
being a resident of oak hill, kind of gets a little personal here.
after doing the evacuations of 11 of my homes --.
>> richard, let me weigh in and then you can take off.
>> I did speak to mr. Davis, he asked me to visit with him and I talked about the safe and sane fireworks, which is a designation that's pretty closely outlined and it's basically a fireworks that doesn't get more than 12 feet high or go 12 feet in either direction.
and they are safer than some of the others.
but the fire that occurred where the juveniles were playing with fireworks left from last season was a safe and sane firework.
so safe is a relatively term, but relatively speaking we are in very dire circumstance here as far as our weather.
consumer product safety commission does make recommendations about fireworks and not many people read those recommendations.
I've heard several people say how much they like fireworks and every time it's safe I buy them for my grandchildren.
I say that's what they are for, but really they are for me, but I don't buy them and keep them, I buy them and then we go use them.
but the recommendations print on all those packages say don't use them around combustibles.
and the people who use fireworks correctly and safely are to a great degree not the ones starting the fire, it is the ones that are irresponsible.
once you have 100,000 people in Travis County using fireworks, if any small percentage of those are doing that incorrectly or as Commissioner Davis pointed out the wind blows or changes direction, you have a great opportunity there for a fire to start and get out of control.
are you ready?
>> thank you.
it is very emotional for me because with the oak hill fire came within a half block of my house and evacuating hundreds of homes and the fear of everybody right now with these fires.
it's personal.
you sit there and you watch and we evacuate all these homes and with 26 homes damaged, 11 burned down and we just did a fire relief for the people, I could be wrong, but I don't see anyone from the industry putting up donations for people who have lost homes.
correct me if I am wrong, but you know what, it's just a fear of getting phone calls, constable, what are you diagnose to do, can you enforce it?
I can't enforce a lot of things, I can't do city ordinances.
it's the fear of anybody setting off a fire and living right in the scenic brook neighborhood and still smell the burn every day we come home.
so it's -- you know, it's that fear of all the neighbors, we always worry about the dogs and cats, we lost animals in these fires.
the people are actually almost like the animals now, they are fearing every time a fire, anything comes out and it's just a sheer evacuation mode.
I wish some of the people in the industry were sitting in the middle of that fire sucking up the fumes and the smoke, sitting on top of windmill run and scenic brook when that hit.
my firefighter friend and everyone was there and it's the toughest thing you are seeing.
especially when you see friends and family in there.
>> thank you very much.
>> thank you.
>> thank you.
>> name and new and different message.
>> good morning, judge, Commissioners.
john durham, assistant fire chief, fire prevention drugs, Travis County emergency services district number 6, Lake Travis fire rescue.
I represent one of the emergency services districts on the western side of Travis County that is currently most affected by the exceptional drought conditions that we're experiencing now.
I would like to point out by saying that I've heard a lot of rhetoric, a lot of finger pointing this morning, a lot of talk about socioeconomic impact, and this is issue that can quickly become overly emotional, but I think we need to get back to the reality.
this is not a battle that we're fighting.
we're not at war with the fireworks industry.
we would like to think that as fire service we are trying to work with those folks.
however, whatever decision is made by the court today is going to be a gamble of sorts no matter what you decide.
whether you decide to ban all fireworks or not.
but what we have to realize is that what we have on the table is not monopoly money, it's not worthless plastic poker chips, we're talking about real lives, real property and real dollars.
I for one am not willing to gamble with those.
what I would say to our friends in the fireworks industry who have for the most part have a long, safe record, is do not count your losses should the decision be not in your favor today, but count your blessings.
thank you, judge.
thank you, Commissioners.
>> thank you very much.
now, it is important for to us take some action today because we have a June 15th deadline we're working on and that's tomorrow.
however, in my view we do need to communicate with our lawyers again.
that communication may take five minutes, it may take.
We spent quite a bit of item no.
2 this morning, that's the matter involving the fireworks and the county judge did over the lunch hour execute a -- a proclamation.
declaring a local disaster and at the same time prohibiting the sale or use of fireworks in the unincorporated areas of Travis County and I did get my staff to email and fax a copy of -- of a request for the governor to extend the prohibition on behalf of Travis County as well as the copy of the proclamation that I signed by email and by fax.
and we said we would call this up this afternoon for the court to consider.
concepting to an extension of the proclamation.
until the -- until the -- the circumstances justifying the disaster.
terminated.
the specific wording is until such time as it is terminated by order of the Travis County judge or the Travis County Commissioners court.
so the declaration would stay in place until that time.
pursuant to our order.
that's what we're considering at this time.
discussion?
>> judge, I'll second myself -- I'll second Commissioner Davis's --
>> the county judge's order can be in place seven days.
by taking this action we hope to extend it for as long as is necessary.
or up until the point where the judge or the Travis County Commissioners court decides to proactively terminate it.
that's what this resolution of the Travis County Commissioners court says.
lori connally, are you contemplating.
>> no, judge, I'm fine.
>> there's a motion and a second to approve it.
discussion on the motion?
all in favor?
that passes by unanimous vote.
in addition to that, because we do not know what action the governor will take on extending that prohibition, at this time I move that Travis County exercise its authority under the local government code, specifically 352.051 a 1 to prohibit restricted fireworks in Travis County and those are listed as sky rockets, with sticks, and missiles with fins.
so this motion pertains to only those two kinds of restricted fireworks.
>> second.
>> seconded by Commissioner Gomez.
discussion on the motion?
all in favor?
that passes by unanimous vote.
now, I should state for the record in response to a request asked this morning that if -- to a question asked this morning, if the circumstances do change, such that the conditions for a fire are not as obvious as they are today, then the court has the authority to lift the prohibition and declaration.
and in simple language, that is if we get real, real heavy rains, and we think that it's safe to use fireworks or burn outside, then we can lift those orders as appropriate.
after posting that matter on the Commissioners court voting session agenda.
and considering it and taking action.
okay?
anything further on item no.
2?
>> that about covers it judge, I think.
>> okay.
it's been an all-day item.
>> it has been.
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