Maverick County Residents raise concerns regarding Commissioners Court lack of action against Illegal Junkyards

By: Jose G. Landa, Eagle Pass Business Journal, Inc., Copyright 2016

Many Maverick County residents attended the Maverick County Commissioners Court meeting held on Monday, February 22, 2016 to anxiously await Commissioners Court action against several illegal salvage or junkyards within Maverick County near residential subdivisions and to express their urgency that Commissioners Court take legal action against the owners of these salvage or junkyards.

Commissioners Court initially addressed the issue at one of their meetings held on June 11, 2015 by giving the owners of the automotive salvage or junkyards 60 days to comply with the 2007 County Ordinance regulating salvage and/or junkyards in Maverick County.

At an October 2015 Commissioners Court meeting, Commissioners Court once again touched the controversial and emotional issue by reviewing the license application process for junkyards, automotive, wrecking and salvage yards of three local salvage and/or junkyard business owners, deciding that the three applications remained in non-compliance with the County’s 2007 Ordinance and disapproving their applications.

At the October 2015 Commissioners Court meeting, the County’s Code Enforcement Officer advised Commissioners Court that the three salvage and/or junkyard applications were in non-compliance with the County’s 2007 Ordinance, Base on the findings and recommendations of the County’s Code Enforcement Officer, Commissioners Court denied the three applications and requested the business owners to comply with the County’s 2007 Ordinance and resubmit their applications upon complying with the County’s Ordinance.

Meanwhile, many Maverick County residents have expressed their opposition to these three salvage and/or junkyards from continuing to operate in violation of the County’s 2007 Ordinance, presenting significant health and safety issues for their families and children as well as causing other problems in their subdivisions.

At the February 22, 2016 Commissioners Court meeting, Agenda Item No. 21 called for an Executive Session item regarding Commissioners Court consultation with Legal Counsel concerning the legal status of the salvage and/or junkyard businesses. Maverick County Commissioners Court went into Executive Session to consult with Legal Counsel regarding this controversial legal issue.

Upon returning into Open Session, County Judge David R. Saucedo opened up Agenda Item No. 21 for discussion and/or any motion by Commissioners Court. County Commissioner Precinct 2 Rosy Cantu made a Motion to authorize Legal Counsel to move forward with this issue as discussed in Executive Session. Commissioner Precinct 3 Pete Venegas seconded Cantu’s motion. There was no discussion and Commissioner’s Court unanimously approved Cantu’s motion authorizing Legal Counsel to proceed as discussed in Executive Session.

While the Texas Open Meetings Act allows Commissioners Court to go into Executive Session and consult with Legal Counsel regarding contemplated litigation or legal issues, it does not allow Commissioners Court to make decisions in Executive Session as all decisions are required to be made in Open Session so that the public can be apprised and informed of every decision made by Commissioners Court. Unfortunately, Commissioners Court approval of Cantu’s motion does not advise the public as to what specifically did Commissioners Court authorize Legal Counsel to do regarding the salvage and/or junkyard controversial issue. Many of the Maverick County residents present at the meeting became visibly upset and expressed their displeasure concerning the secretive action and lack of public action taken by Commissioners Court without the public being advised in Open Session as to the specifics of what action, if any, did Commissioners Court took on this issue.

Many of the concerned Maverick County residents in opposition to the salvage and/or junkyards stayed until the end of the Commissioners Court meeting to personally express their displeasure concerning Commissioners Court lack of action on this issue.

During 2007, Commissioners Court under former County Judge Jose A. Aranda, Jr. approved an Ordinance prohibiting salvage and/or junkyards from establishing within residential subdivisions in the county.

This salvage and/or junkyard issue may ultimately end in the state Court system with either Maverick County, the residents, and/or the business owners filing a lawsuit to enforce the County’s 2007 Ordinance and/or challenging the legality of said Ordinance.