The City of Brackettville and the Kinney County Commissioners have officially withdrawn any and all support for the Brackettville Volunteer Fire Dept.

And it just goes downhill from there.

Tonight there was a workshop held between the City Council and the Commissioners Court. At the very beginning of the meeting my husband presented the workshop attendees with copies of the grants, *like this one, showing ownership of the BVFD trucks as well as other information we felt they should have before making their decision. The Commissioners’ legal counsel promptly stuffed all of it into a briefcase of some sort on the floor and later told the workshop attendees that there was NO issue with the trucks, because he’d seen the titles on at least one of them and knew them to be in the City’s name. I guess that was good enough for him. No one even glanced at the evidence provided by BVFD except Nat Terrazas after I gave him a note (the time for public input was over and no one in the peanut gallery was being acknowledged) telling him that they were there (he'd asked about how BVFD came to have the trucks and the rest of the attendees pretty much blew off his question). Minutes later there was a fire call and fire department members had to leave and never really got a chance to speak. Members of the public were only granted three minutes each anyway, BVFD wouldn’t have had much time to defend their stance on the matter. Although they should have been a part of the meeting, as KCFR was, and not regarded as “the public.”

The meeting was all about the Fire Protection Agreement between the City and the County which included giving over BVFD’s trucks.

The City voted unanimously for the new agreement. The Commissioners voted 3 for, and one against. Commissioner Nat Terrazas opposed the motion, thanks Nat!

Here’s the truly brilliant part of this new agreement. No where in it is how this switch over to KCFR from BVFD is to be handled. Both the County and the City made it quite clear that they were through supporting BVFD. But they didn’t discuss what happens now. What if there’s another fire between this very moment and the time that the trucks are handed over to KCFR? Even as I type there is a 10 mile wide fire raging on the Edwards/Real county line and Brackettville is full of the smoke from this fire. Is BVFD expected to respond if there’s a fire now? When are we expected to hand over our trucks? How long will Kinney County be without fire protection while the trucks are repaired? Or will the County be looking the other way while KCFR uses our outdated trucks to fight fires? It’s illegal for a paid department to use substandard equipment on a fire.

BVFD, after 57 years of service, has now unceremoniously been told, “We don’t need you anymore, hand over the keys.”

*The reason these grants are significant is because they clearly state that the grants were for BVFD and not the City of Brackettville. It’s unequivocal. The fact that the City insisted on putting the trucks in their name for insurance purposes is a technicality. More important than the title is the fact that you can’t just arbitrarily re-appropriate equipment paid for by grants. There’s a whole process that has to be adhered to and no one with the City or the County will even acknowledge these documents.

One of today's fires

It's quite possible that these will be the last shots ever of BVFD doing what we've been doing for 57 years as the City of Brackettville and the Kinney County Commissioners have seen fit to withraw any and all support from our department and to add insult to injury, they've taken our trucks. But it's not personal, they told us so repeatedly. That makes the theft of our trucks and the loss of community support all better.

Click images to enlarge:

It occurred on FM 334 and was started by someone who was welding and just didn't notice the one hot bit of metal that he'd tossed aside had sparked a fire. It's so dry here, it was out of control befire they knew what happened.

Click here to see all shots from today.

The second fire occurred in Spofford during this atrocity of a meeting. Spofford is a bit of a drive from Brackett. I was told that the house was burned to the ground by the time BVFD had arrived. No one was living in the home and it had no electricity running to it. It's unknown how the fire was started but some residents of Spofford commented that burned paper "and stuff" had been found in the house before and that kids "messed around" in it. BVFD spent several hours on the scene to keep the fire from spreading into the wildland in the area. Thankfully, no one was physically hurt.

Last Night's City Council Meeting

City Council met last night and on the agenda was discussion of the recently formed Kinney County Fire & Rescue and a proposed agreement between KCFR and the City for fire suppression and support (from the City in the form of money, water, and equipment). There are fancier terms for how it was written on the agenda but I don't have the agenda here in front of me.

When item number 14 came around, KCFR discussion (with possible action), it started off okay. Everybody talked about making nice. An interim fire chief has been appointed for KCFR and there is reportedly one dozen volunteers just waiting to get out there and protect Kinney County in the name of KCFR. No one with the City or the County seems to care that Texas statutes prevent a county run fire department from having volunteers. This is perplexing. Seems kind of dangerous to accept all the grants Bruce Hudgens (Kinney County Emergency Services Director) reports he has acquired for KCFR because once Texas Forest Service realizes that KCFR is county run, not member run, KCFR is gonna have to give that money back, y'all. That is, providing, those grants were given with the understanding that KCFR is a volunteer department. The only way you can have a paid/volunteer department is to have a department that is established as not-for-profit and is run by its members. KCFR is not a not-for-profit organization nor is it run by its members.

Anyway, after all this 'make nice' talk one of the council members began his bid to give two of BVFD's trucks over to the county. BVFD only has three working trucks. Matt Bland, the council member bent on handing over BVFD equipment, pushed and pushed and pushed to give those trucks to KC. He's ready to write a check for $10,000 (part of the proposed agreement between KC and the City) to the County and give over two trucks (some seriously damaged trucks but running trucks noneth less) to the County so they can start their fire department up right.

When I complained about giving such run down trucks to the county he said some things that implied that the trucks aren't worth keeping anyway, run down as they are. If that's true, what the heck does KCFR want them for? They've already ordered themselves a nice, new pumper truck. They can't get a grant for a couple of brush trucks? They have to take our busted up trucks? Texas Forest Service paid for one of our brush trucks. That money was given to BVFD, not the City of Brackettville. That much is online at TFS for anyone to read. We're 99.9% sure that the City has no right to give away that particular truck and we're pretty sure they can't give away our other trucks either.

Does it make sense to you why a volunteer department has to be crippled so that a new, county run, supposedly grant-rich fire department can get on its feet? Have I mentioned that county run fire departments cannot legally drive around in beat-up old fire engines? Nope. There are standards with a paid, county run fire department. Volunteer departments can bypass those standards thus saving rural communities like ours a bundle of bucks.

BVFD would be glad to have a well-funded, highly trained, super duper equipped paid department to work with in Kinney County. But not if it means we have to give up our trucks to make it happen.

I don't know how long it takes to repair those big fire engines. These are in bad shape. They're in bad shape because neither the city nor the county has seen fit to pony up the funds for repairs on the trucks in at least one year. But now they're willing to fund a brand spanking new, paid fire department and fix up our old trucks but only if the new department is driving them? Is it me or is this starting to sound personal?

But back to how long it takes to fix out of date fire engines. What's Brackettville and Kinney County supposed to do for fire suppression while KCFR is fixing up their (our) new (used) trucks? There are two fires in the county right now, at this very moment. One is a controlled burn (not authorized by the state but reportedly following the state's guidelines for a controlled burn) north of town and grassfire east of town. No idea yet on the cause of the second fire, it was called in by a pilot who saw it from the air about and hour and a half ago.

What happens if a fire sparks up while both engines are in the shop? BVFD cannot fight any fire effectively with one brush truck. And brush trucks aren't pumper trucks. Pumper trucks can hook up to fire hydrants and poor endless amounts of water on a structure fire. Brush trucks carry a limited amount of water and are not designed for structure fires. Speaking of which, why in the heck is KCFR getting a brand new pumper truck when well over 90% of the fires in KC are wildfires? You can't fight a wildfire with a pumper truck.

Fortunately three council members did not agree with Matt Bland last night. The Mayor seemed to and certainly tried to support Mr. Bland as well as he could at the meeting. But Mary Flores, Ponce Padron, and Chica Garza voted to table the whole affair so that it could be hashed out between BVFD and KCFR. Thank you Ms. Flores. Thank you Mr. Padron. Thank you Ms. Garza.
By the way, no one approached BVFD prior to this meeting to discuss giving away their trucks. The City continues to ignore BVFD's insistence that those trucks don't belong to the City. It is our belief that those trucks are ours. No one has bothered to research it further than to look at the titles on the trucks. Unfortunately, the City of Brackettville has a lot of blank spots in its records. BVFD may never be able to prove through City documentation that their trucks are their trucks. But they can get affidavits from several people who were at those meetings and can testify that, yes, the trucks were put in the City's name for insurance purposes only and that the trucks have always been BVFD equipment. Also, no one ever asked BVFD to come together with KCFR to discuss the needs of either department and what one might be able to provide the other. You'd think before you decided to cripple an entire volunteer fire department (with somewhere around 20 members) by giving away 2/3's of their vehicles you'd let them know ahead of time. Not in Brackettville, TX.

One other thing about the meeting that was rather annoying was that Mr. Bland insisted on talking about the "city's fire department" and how no one was suggesting that the "city's fire department be disbanded." Mr Bland, the City of Brackettville does not have a fire department. BVFD is its own entity. It is run by its members. The City can't disband them. No one can except its own members. We suggest, Mr. Bland, Mr. Mayor, and the entire City Council, that you educate yourselves a bit on these issues before you allow BVFD to be crippled and before you allow the only protection against fire that Kinney County currently has to be taken away.

Letter to Hon. John S. Fritter, Jr. from the BVFD

Brackettville Volunteer Fire Department, Inc.
PO Box 898
Brackettville, Texas 78832


November 11, 2007

Honorable John S. Fritter, Jr.
Kinney County Judge
PO Box 348
Brackettville, Texas 78832

RE: Information regarding fire protection services

Dear Judge Fritter,

Many questions were raised during the November 6, 2007 Special Commissioners Court meeting concerning both paid and volunteer fire departments (VFD). In an effort to provide information regarding some of these questions we have researched the Texas Statutes and Attorney General Opinions. The following is our report on the information we have found to date.

Ray Goad, Executive Director, Commission on Fire Protection of Personnel Standards and Education, requested an opinion in 1990 from the Honorable Jim Mattox, Attorney General (AG), concerning VFD(s). 1 Goad wanted to know if VFD personnel were subject to the requirements of Government Code Chap. 416.

Mattox affirmed the general authority of the Commission on Fire Protection (CFP) concerning Chap. 416. The statute allowed the CFP to establish minimum educational, training, physical, mental and moral standards for fire protection personal. It also defined “fire protection personnel” as permanent, fully paid, full-time fire department employees who were assigned specific duties. These duties included but were not limited to fire suppression, inspection, training, education, administration and arson investigation.

However Mattox stated no statutory authorization could be found for the establishment of a VFD as a department of local government. Mattox assumed that “Volunteer Fire Departments” that were not “departments of local government” were not “fire departments” (FD) as defined by Chap. 416. Mattox summarized VFD(s) that were not departments of local government were not subject to the statutory requirements.

During the following 1991 legislative session, Chap. 416 underwent massive revisions. 2 It was renumbered 419 and the CFP became the Texas Commission on Fire Protection (TCFP). The second definition of the new code states a “volunteer fire fighter” or “volunteer fire chief” cannot be a person who was employed full-time in the fire service. We believe this essentially prevents the combination paid/volunteer department proposed by EMS Director Bruce Hudgens. We also believe other revisions to the code support the opinion that VFD personnel are not subject to its requirements.

In a 1993 opinion, the Honorable Dan Morales stated VFD(s) were neither “political subdivisions” nor “departments of local government”. 3 In 2003, Section 78.101 of the Civil Practice & Remedies Code clearly defined a “Volunteer Fire Department” as a nonprofit organization that is operated by its members and exempt from state sales and franchise taxes. 4 The BVFD is a nonprofit organization, operated by its members and exempt from state tax therefore it cannot be, nor can it become, a department of local government.

These statutes and opinions appear to indicate KC may form a FD. However, this proposed FD’s “fire protection personnel” would be paid and would have to meet the requirements of Chap. 419 as well as those set forth by the TCFP. These requirements and standards would include those previously mentioned in addition to biannual inspections by the commission, reporting requirements, equipment standards and numerous others. We doubt the $15,000 KC has currently budgeted for fire protection would be sufficient to form the proposed FD. We strongly encourage you to confirm our interpretations by contacting Gary L. Warren, Sr., Executive Director TCFP at (512) 936-3812.

It has also been mentioned the City of Brackettville could donate the fire trucks and/or other Brackettville Volunteer Fire Department (BVFD) equipment to Kinney County (KC). Provided the city could do so, it is doubtful the proposed FD could use the equipment. The use of obsolete fire fighting equipment, which is authorized by the legislature, is a privilege of VFD(s) that often must make do with any available equipment. The personal protective equipment (PPE) and self-contained breathing apparatus (SCBA) currently in the possession of BVFD and/or its members, in addition to any and all other equipment obtained through grants, by virtue of our nonprofit corporation status, are the property of BVFD.

There have been questions raised concerning whether or not BVFD must be exempt from Federal income tax. Exemption from Federal income tax is a requirement for “Nonprofit fire departments” as defined in section 78.051 of the Civil Practice & Remedies Code. 5 This section concerns “marine fire-fighting services” and does not appear to be applicable. If there is any doubt, we respectfully suggest you request an opinion from Honorable Greg Abbott, AG.

The question has been raised whether or not KC can legally provide funds to the BVFD. The Honorable John Cornyn concluded in 1993 a county commissioners court could not purchase equipment for or pay a VFD without a contract. 6 A BVFD member advised KC Commissioners Court of this requirement in April 2007. Chapter 352 of the Local Government Code authorizes KC Commissioners Court to contract with the BVFD to provide fire protection services to the unincorporated areas of the county. 7 Therefore KC can legally fund and/or purchase equipment for BVFD provided there is a contract.

Concerns have been raised regarding the City of Brackettville’s ability to fund the BVFD. However the city is not taking advantage of every means available to generate funding for the department. For example, the city is authorized under Section 13.143 of the Water Code to solicit voluntary contributions on utility bills for the benefit of the BVFD. 8 The city may also recover the lesser of the expense of administrating the program or 5% of the collections. We estimate an average donation of 2 dollars per utility account would nearly match the city’s current budgeted amount of $10,000.

Many issues have been raised concerning equipment and training. We have also enclosed a picture of approximately half of our currently active volunteers. Please note all but the exception of one Reserve Fire Fighter are in structural fire fighting PPE. All BVFD members received training from the department. The majority of our members have also attended TCFP approved fire schools although it is not a requirement of the State of Texas or the BVFD. One of the volunteers pictured has attended the annual fire school at Texas A&M 12 out of the last 14 years. Another volunteer pictured has over 27 years of service in the BVFD.

Several city and county elected officials have voiced concerns regarding local fire protection. We have found elected officials have the option of making a personal contribution to our community. Both county commissioners and city council members may legally hold dual status as volunteer fire fighters. 9

We hope this information proves useful to KC Commissioners Court during its upcoming decisions regarding fire protection for our county. We encourage the court to request any information concerning the BVFD from either Chief Leo Luna or Secretary/Treasurer Wes Robinson. We also wish to notify you the BVFD is currently drafting a contract for county fire protection and expects to present it to the court within the next 30 days.


Regards,



________________________ ________________________
Leo P. Luna Joe V. Williams
Chief BVFD Assistant Chief BVFD



________________________ ________________________
Joe P. Luna D. Williams
Captain BVFD Lieutenant BVFD



________________________
Wes Robinson
Secretary/Treasurer BVFD


Cc: Kinney County Commissioners Court
Brackettville City Council
The Brackett News
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