April 4, 2019 500 AM
PRESIDIO COUNTY, MARFA – Presidio County commissioners unanimously voted to delay adopting a boilerplate mass gatherings permit application at the Wednesday morning session of elected county officials. A packed district courtroom of residents echoed comments that any permit application the county puts in place should be customized to the specific concerns Presidio County faces.
Commissioner Brenda Bentley agreed with resident Trey Gerfers that a public advisory committee ought to be formed to research festival impacts, and to identify Presidio’s unique issues. Gerfers explained that a group of Marfa locals had organized recently, and emphasized, “We don’t want this to be adversarial; we want this to be cooperative, and put our brain power to work for y’all.”
Bob Schwab pointed out in his citizen comment that the proposed permit form does not ever require a promoter to provide proof of insurance in their application. The form also fails to indemnify the county from being liable for accidents that might occur at an event due to weather conditions, fire, crowd control issues, or any other concerns that come with a mass gathering or festival.
Schwab suggested that any permit “should indemnify the county, and we should directly communicate with the insurer that we feel it’s inherently unsafe, and that they [the festival promoter] carry full liability for whatever happens.” Regarding Schwab’s insurance concerns, County Attorney Rod Ponton replied, “That seems like a reasonable thing to add to it.”
Commissioner Jose Cabezuela repeatedly asserted, “I think we need more time,” and Commissioner Eloy Aranda said, “We’re not prepared for this type of gathering.” He reminded the court that C3’s 5,000 attendees would be almost the size of the entire county’s population.
Judge Cinderela Guevara also determined that a festival like C3’s might be required to pursue an Outdoor Music Festival permit in addition to the mass gatherings permit under Texas law.
During public comments, local community member Rob Crowley suggested that current annual events like the Marfa Lights Festival needed scrutiny too. An event that has over 500 people, where 51% are under the age of 21, and where alcohol is served, is required to seek a permit. Lifelong Marfan Valda Livingston asked if the county could ban all mass gatherings point blank, to which attorney Ponton said, “I think the answer is no.” Commissioner Buddy Knight suggested the county should find out whether it’s possible.
Commissioners also voted Wednesday to reappoint Gary Mitchke, the county’s Emergency Management Coordinator, to be the county Fire Marshal. In his comments, Mitchke stated, “I can’t even begin to tell you the concerns I have for something like this.”
Earlier in the meeting, Judge Guevara mentioned that in her conversations with C3’s Charles Attal, he had suggested that the company would provide their own fire department for the event. The comment elicited laughter from the crowd of citizens. Mitchke responded to this, saying that he believes the local jurisdiction never relinquishes the responsibility for fire suppression. He implied that C3’s fire crew may help, but ultimately the onus falls on the county to manage any fire events.
Mitchke also asked during the meeting that the county reconsider its burn ban policies. “We do have critical conditions in the county. There are limits of what you can do in the county for the safety of everyone.”
Charles Attal, a C3 Presents founder, said last week in a message to Marfa Mayor Ann Marie Nafziger that his company would “step back and not produce” a 5,000-person music festival on the Gage Ranch between Marfa and Fort Davis in 2020. Nafziger shared the information on social media last Sunday, and claimed, “This is a victory. Community voices have been heard.”
C3 Presents has faced growing public backlash from various individuals and public officials in Mar-fa since announcing their intention to host their 2020 festival in Presidio County. Nafziger wrote, “As Mayor, I have stood against the proposed C3 Presents music festival because of known risks and costs, as well as the many unknowns,” adding that she had “expressed local concerns for public safety, infrastructure capacity, and environmental threats from the event as described.”
Nafziger said, “While Marfa encourages music and tourism events, and we need to consider economic benefits, we must constantly balance those needs with the preservation of our safety and quality of life.”
The day after Attal spoke with the mayor, C3 Presents shared their own letter regarding the controversial festival’s postponement. The company plans to press forward with the festival, but is adjusting their timeline away from a 2020 launch. They now intend to understand the impact a festival would have, including “environmental concerns, traffic, safety, fire, wildlife, infrastructure, and much more.”
“We have taken into account the concerns we have heard from the community and have made a decision to delay our intended event until we have had an opportunity to understand the potential impact, both positive and negative,” the release read. These impact studies will be done under the company’s purview. Additional studies will be completed by Presidio County officials should C3 pursue a mass gatherings permit from the county.
C3 Presents Director of Publicity Sandee Fenton, confirmed that the company has hired former Marfa resident and former Ballroom Marfa Music Director Vance Knowles as a consultant who will be working in Marfa. Knowles is a current Ballroom Marfa board member, along with C3 founder Charles Attal, and Ballroom Marfa co-founder Fairfax Dorn, whose extended family owns the Gage ranchland that would be leased by C3 for the festival.
