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November 16, 2007
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Junkyard requests result in different outcomes
By DAVID LOWE Staff Writer

After hearing many citizens opposed to the storage of vehicles along U.S. Highway 190, the Lampasas County Commissioners Court Tuesday approved one salvage yard license for Justin McGehee and rejected another.

The court unanimously OK'd a renewal application for a vehicle storage facility McGehee operates at 132 Private Road 4363. In another 5-0 vote, though, the Commissioners Court denied McGehee's application for a junkyard and automotive wrecking/ salvage yard at 5982 U.S. 190 East, where McGehee's offices for 190 Autoplex are located.

Several neighboring property owners argued McGehee is creating a public nuisance and violating county ordinances by keeping more than three impounded vehicles at a time in public view on the Highway 190 location. Matt Carlile urged the court to deny both applications, as he said McGehee and his father have not told neighbors or commissioners the truth about the number or type of vehicles they are storing at either location.

"To me it just seems like they took advantage of us last time, and they're going to do it again next time," Carlile said.

McGehee said 190 Autoplex and McGehee Towing, which he operates from the private road site, are two separate businesses. Johnny McGehee said his son hopes to expand 190 Autoplex to secure impounded vehicles. He and his son would be willing to install a fence from the main office at 190 Autoplex to an outbuilding, McGehee said.

Justin McGehee added he keeps abandoned vehicles out of sight, as he takes cars immediately from 190 Autoplex to Private Road 4363 if they do not have repair orders.

Marion Snell, developer of the Country Hills subdivision, said he did not mind McGehee's business on the private road, but he urged commissioners to reject the application for the junkyard license at 5982 U.S. 190 East. Snell said McGehee violates subdivision restrictions by keeping "junky" vehicles -- 11, at Snell's last count -- within neighbors' sight.

Subdivision rules require property owners to keep inoperable vehicles in a garage, Snell said.

"Does the court have the authority to supersede the subdivision requirements, and if so, why would it want to?" Snell asked.

County Attorney Larry Allison said the county may need more aggressive code enforcement at the site on U.S. 190, but he added that neighbors' dispute with McGehee over 190 Autoplex constitutes a civil matter.

Precinct 3 Commissioner Lowell Ivey told Justin McGehee to limit the number of automobiles he keeps at 190 Autoplex.

"I would take it very seriously that when you pick up a wrecked vehicle you take it immediately to Private Road 4363, because that's what we are approving today," Ivey said.

After spending about an hour in executive session to consider a possible land sale, the court, with Ivey absent after the session, voted 4-0 to approve Precinct 1 Commissioner Robert Vincent's motion to obtain an appraisal for countyowned property. The appraisal will include the value of county property east of the Lampasas County Office Building, as well as the value of the lot Windsor Foods owns at the corner of Hackberry and Third streets.

In addition, the court voted unanimously to institute a burn ban, which began Tuesday at 6:01 p.m. Outdoor burning is prohibited in unincorporated areas for 90 days, unless the Commissioners Court lifts the restriction early.

The ban does not apply to barbecue pits or to household trash burned in a barrel with a screen on top. Citizens can obtain special exceptions for agricultural purposes with prior approval from the county fire marshal.

The order does not prohibit burns authorized by the Texas Commission on Environmental Quality for firefighter training; public utility, natural gas pipeline or mining operations; planting or harvesting of crops or burns conducted by a prescribed burn manager certified under the Natural Resources Code.

A violation of the burn ban is a Class C misdemeanor punishable by a fine not to exceed $500.

In other items:

• Commissioners voted unanimously to table a recommendation to revise the local order for homeowner maintenance on secondary septic systems. The court will hold a workshop to discuss the issue.

• The court unanimously approved Precinct 2 Commissioner Alex Wittenburg's motion to leasepurchase a roller for $63,700 for precincts 2 and 3. The lease-purchase agreement includes a $1,635 expanded power train warranty.

• The Commissioners Court voted 5-0 to issue a tax certificate of up to $14,000 or fair market value to Shallow Ford Construction Co. Inc. in exchange for 3,381 tons of processed material the company donated to the county.

• The court unanimously OK'd utility work on County Road 2234 approximately 600 feet west of County Road 2207. Commissioners also voted 5-0 to approve placement of a buried line within the County Road 2699 right of way. Crews will bore under the road a minimum of three feet.

• The court unanimously approved Jesse Hurst for another term as county veterans service officer.

In addition, County Auditor Jack Clark said he would send a memorandum to all department heads urging a spending freeze on non-essential items.

"We're really in a negative cash flow position," Clark said.


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