Introduction

My name is Kimberly Hernandez. I live with my father Carlos Hernandez and my one-and-a-half-year-old daughter in Laredo, Texas. I am a special education teacher in LISD. My dad is a retired utility service technician of the City of Laredo Utilities Department. We are residents of “La Ladrillera” neighborhood in District VIII, and I am representing “Los Olvidados” community alliance from this area. I am writing to bring your attention to a pressing issue that has been affecting this community for several years now.

 

As you may be aware, a local businessman named Scott Wilkinson has continued to expand his metal scrap recycling business near the Laredo College Main Campus area over the past years. This facility, “Wilkinson Gary Iron & Metal, Inc.” is located directly in front of our house and neighborhood. This business consists of the assembling, breaking up, sorting, and wholesale distribution of scrap and waste materials, as well as the disposal of radiators, batteries, car bodies, iron, scrap metal, loose tin, brass, cooper and aluminum, and processing and recycling of industrial scrap metals. The severity of noise from eighteen wheelers with iron scraps as cargo and physical pounding and crushing of large metal scraps from industrial cranes and heavy machinery, along with multiple occasions of hazards from fire outbreaks and emissions of propane gas in the air has caused numerous problems and inconveniences for the residents here in the surrounding area.

 

Public Detrimental Zoning Violations

Referencing the City of Laredo Land Development Code Book, Article IV, Section 24-60:

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Zoning Regulations; Intent and Purpose:

“The Zoning regulations and districts herein established have been developed in accordance with a comprehensive plan and for the purpose of promoting health, safety and the general welfare of the citizens of the City of Laredo, and for the protection and preservation of the historical and cultural places within the City. They have been designed to provide light and air, prevent overcrowding of land, avoid undue concentration of population, and facilitate the provision of transportation, water, sewage, schools, parks and public facilities. They have been made with consideration, among other things, for the character of the district, its peculiar suitability for particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land.”

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According to the City of Laredo Zoning Department, a business such that as Wilkinson Gary Iron & Metal, Inc. is classified under Use Code 3460: Metal Forging and/or Heavy Stamping. This category of business operations should only be established within M-2 zoning. Such business is NOT allowed in the zoning that it is located in, which is M-1.

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It is clear and apparent that Wilkinson Gary Iron & Metal, Inc. and our Council are in violation of said provisions in the event of “promoting health, safety and the general welfare of the citizens of the City of Laredo, and for the protection and preservation of the historical and cultural places within the City.” 

 

Eighteen-wheeler Trucks in a “No Trucks” Zone

One of the major concerns is the use of our street, San Ignacio between Sanchez and Scott streets, as a truck route for eighteen-wheelers carrying heavy loads of metal scraps. This residential street is a “No Trucks” zone, yet Scott Wilkinson has continued to use our small residential road as a truck route for his business.

 

Breach of Legal Agreement

On March 31, 2015, Exhibit “A” Mediated Settlement Agreement for Los Olvidados vs. Wilkinson Gary Iron & Metal, Inc; in Cause No. 2013-CVQ-000864-D2, within Webb County, Texas, Defendant Wilkinson agreed to find alternative routes for the eighteen-wheeler trucks, as our street is designated as a "No Trucks" zone. “Los Olvidados” was a group of affected alliance of residents in our neighborhood led by my dad, Carlos Hernandez. Scott Wilkinson claimed that the reason he uses San Ignacio as a truck route for his personal gain is because Scott Street (ironically named) was his only other option for his trucks to arrive and depart from his business location, but it is constantly blocked by the Union Pacific train (which falls beyond the scope of our responsibility or obligations). Plaintiffs “Los Olvidados” agreed that Wilkinson may TEMPORARILY use both Pinder Street and San Ignacio Street equally for access to its facility. 

 

It has been nine years since this legal agreement was confirmed by both parties, yet we have yet to see any solution to this supposed Mediated Settlement Agreement. Furthermore, after this legal agreement, Wilkinson has continued to exponentially expand the amount of scrap metal, mountains reaching almost two stories high. This is dangerously close to residential homes with families, including elderly, disabled people, retired people, and small children.

 

Other Nearby Companies Joining in on Ignoring “No Trucks” Signs

Despite previous efforts from Los Olvidados to find a fair resolution, Mr. Wilkinson has failed to fulfill his end of the agreement and has not provided any alternative solutions. Consequently, because he has continually ignored several signs on San Ignacio between Sanchez and Scott streets indicating that large industrial trucks are not permitted, warehouses around the neighborhood have joined in on the unlawful act of ignoring these signs as well, as they conduct business as usual by allowing eighteen-wheelers to use our small road to arrive and depart from their businesses altogether. Now, the trucks from all nearby companies, including Wilkinson, pass in front of our home, at a high speed and most of them do not stop at the stop sign. This causes the cargo on the trucks to bounce at the intersection near us and shock everyone with immensely loud noises. This continues throughout the day as early as it begins as early as 4:30 am and throughout the evening and night hours. Some of the "No Trucks" signs have even mysteriously disappeared. Our residents have had to endure this disturbance for many years as nothing has been done to stop this.

 

Addition of Public Scale for Industrial/Eighteen-Wheeler Trucks

Mr. Wilkinson has even gone as far as putting a public scale for industrial/eighteen-wheeler trucks!! We would like to know how and why this was allowed on a No Trucks Zone to begin with.

 

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Where Was Our Council Representation?

In a recent call to action to the residents of District VII, Councilmember Vanessa Perez posted this announcement on her webpage:

 

“Deer Creek Residents!

Your Voice is Needed Now!

The owners of the vacant lots in front of your community are seeking a zone change for their properties. Please prepare to give your feedback and encourage your neighbors to do the same. 

 

The owners are looking to change the zone from a B-3 to a B-4. The use indicated is “commercial parking lot of trucks/heavy equipment” and “truck/heavy equipment/recreational vehicle repair.” 

 

One of the owners tried making this change last year stating “a/c mechanic shop” as the intended use, and your community spoke AGAINST the request, and it was denied.

 

Many of the residents have expressed concern with the storage of machinery, shipping containers, and old appliances that exists on the properties now.  They are also concerned with the parking of trailers on these dirt lots. 

 

The intended use is to do repair work to tractor trucks under an open roof.  Many are concerned with the noise, dirt, and unsightliness of this use.  The other lot will be used as a truck parking lot. The industrial traffic will be using Game Creek, the only entrance and exit to your neighborhood, to enter and exit these businesses.

 

The property owners are not entitled to a zone change.  They are requesting one, but residents have an opportunity to give their input.  Your city council will have the final say in the matter.

 

It has been brought to my attention that people went door to door asking for support for this zone change.  This zone change request was not desired the last time it was requested. 

 

We will be going to your door this week to discuss this with you also to make sure and get your feedback.”

 

Mrs. Perez demonstrated exceptional leadership and representation of her district by actively seeking the opinions of her residents on a pressing matter.

 

We would like to know why this was not done here in District VIII as Scott Wilkinson continued to expand his monstrosity of an empire only a few feet away from our residents. Where was OUR representation in the past 15-20 years? Why weren’t the residents of La Ladrillera asked for our say in this matter? Where were our council representatives? Was this overwritten, and why?

 

We understand that this is Council Member Alyssa Cigarroa’s first term and she was not a representative at these times. But where were previous council members when this business of so many hazardous avenues was expanding to only a few feet away from our homes?

 

We may be located at the west end of Laredo, but that should not mean that we should be the forgotten ones, or as my dad refers to us as “Los Olvidados.” Such a disgrace would never be allowed inside the neighborhoods of North Laredo. We deserve representation as well.

 

Our Plea for Help

It is our plea to you to help us find a solution as we believe that it is unlawful for these eighteen-wheelers and other heavy industrial vehicles passing through our small residential roads and much less the EXISTENCE of these facilities in such close proximity to our homes for the following reasons:

 

1. Endangerment from Eighteen Wheelers

Wilkinson Gary Iron & Metal, Inc. continually violates the "No Trucks" designation of San Ignacio Street, disturbing the peace and well-being of residents, with heavy and dangerous traffic, and thus comprising the safety of pedestrians. Residential roads such as ours are typically designed for lighter vehicles and may not have the infrastructure to accommodate large trucks. This can increase the risk of accidents, especially in areas with narrow streets, sharp turns, or limited visibility.

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On many occasions, the drivers of eighteen-wheelers are lost and attempt to perform a U-turn on our street, specifically in front of a family’s home where children used to freely play outside. There have been many occasions in which the eighteen wheelers have driven over the curb of this home, endangering the family with risking a hazardous, or possibly deadly contact with only inches between the eighteen-wheeler truck itself and the family members, including small children. This privilege of peacefully spending time outside has sadly diminished as those children are rarely seen out playing ball or riding their bikes anymore. As a mother, I truly fear the unthinkable of something one day happening to my daughter as these careless truck drivers blaze through our street.

 

Large trucks require more time and space to stop, making it more challenging for pedestrians, especially children and the elderly, to safely cross the road. The presence of eighteen-wheelers on residential roads can pose a risk to pedestrians and increase the likelihood of accidents or even deaths. 

 

 

2. Hazardous Fire Outbreaks and Possible Explosions

There have been numerous fire outbreaks in Wilkinson’s facilities, the most recent being on March 31, 2024, thus severely endangering the neighborhood due to possible explosions from propane tanks and leaving us at risk for serious injuries or even death.

 

3. Environmental Hazards Including Air, Land and Noise Pollution

All of these types of pollution from metal recycling plants and large industrial vehicles such as eighteen-wheelers are very serious. They can have various negative effects on human health. Particle matter, volatile organic compounds, heavy metal such as lead, emissions from equipment and industrial vehicles and use of propane gas all contribute to air pollution in the area. The exhaust emissions from eighteen-wheelers cannot be compared to that of regular vehicles. The land pollution caused by Wilkinson includes but is not limited to leaking of oil and grease debris mixed with harmful chemicals onto our streets and littering of scrap metals on the road that causes flat tires and driving hazards. The noise pollution created by the truck traffic and operations of the facility is constant and has escalated to unbearable levels that disrupt daily living and sleep patterns, causing considerable stress, on a daily basis­­­­­­­ beginning at 4:30 am.

 

Air Pollution:

1. Particulate Matter (PM): Metal recycling processes can generate dust and fine particles, known as particulate matter. These particles can be released into the air and, if inhaled, can have adverse health effects, especially for individuals with respiratory conditions. 

 

2. Volatile Organic Compounds (VOCs): Certain processes, such as painting or coating metal, can release volatile organic compounds into the air. VOCs can contribute to the formation of ground-level ozone and can have harmful effects on human health.

 

3. Heavy Metals: Metal recycling involves handling and processing various types of metals, some of which may contain heavy metals like lead, mercury, or cadmium. If not properly controlled, these metals can be released into the air as emissions and pose health risks when inhaled or deposited onto surfaces.

 

4. Emissions from Equipment and Industrial Vehicles: Metal recycling plants often use heavy machinery and industrial vehicles, which can emit pollutants such as nitrogen oxides (NOx) and sulfur dioxide (SO2) during operation.

 

5. Use of Gas or Propane: Metal recycling companies may use gas or propane in several ways, including as a fuel source for melting and processing recycled metals, for powering equipment, or for providing heat for drying and preheating materials. They employ these fuels in furnaces for smelting and refining metals, which is a crucial step in the recycling process.

 

On many occasions, the smell of gas/propane is so strong that it has even carried into the inside of our homes.

 

Additionally, such industrial processes, including those used in metal recycling facilities such as Wilkinson Gary Iron & Metal, Inc. that which involve the use of propane and natural gas, can carry the risk of public accidents or even explosions.

 

Land Pollution:

Damage to Our Vehicles: The bouncing of the truck loads has led to metal scraps falling onto the street, which has resulted in flat tires for my father, myself and our neighbors on multiple occasions. I have lost count of how many times we’ve had to get our tires repaired because of metals scraps like large screws getting lodged into them.

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Debris: When washing scrap metals in recycling facilities, debris typically consists of non-metal materials that may include dirt, grease, oil, paint, plastic remnants, and other contaminants that are adhering to the metal. The washing process aims to remove these substances to purify the metal for recycling. On some occasions, muddy waters containing these mentioned contaminants have made their way to some of the neighboring homes. If the metal has been in contact with hazardous materials, serious safety risks can result in consequence.

 

The risks posed by debris from washing scrap metals in recycling facilities can be environmental, health-related, or safety-related. These risks include:

•  Pollution: Contaminated wastewater from the washing process can pollute local water systems if not properly treated.

•  Chemical Exposure: Nearby residents may be exposed to harmful chemicals if proper safety measures are not in place.

•  Fire Hazard: Debris soaked with flammable substances like oils can pose a fire risk.

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Noise Pollution: 

Hearing Loss:

Prolonged exposure to high levels of noise can damage the delicate structures in the inner ear, leading to permanent hearing loss. This can be particularly detrimental in occupational settings or areas with constant loud noise.

 

Sleep Disturbance:

Noise can disrupt sleep patterns, leading to difficulties falling asleep, staying asleep, or achieving restful sleep. This can result in daytime fatigue, decreased cognitive function, and increased risk of accidents.

 

This insanity of pounding from large cranes usually begins early in the morning, sometimes approximately at 4:30 am and persists until the late evening hours. As unbelievable as it may sound, it is so severe that it causes the frames and decorations on the wall to shake in reaction.

 

Furthermore, the house across the street from us is positioned just a few feet away from that intersection. In this home lives a bedridden woman in her nineties. Additionally, the bordering wall to the metal scraps is located only a few feet away on the other side of her house, and even worse, the excruciating stomping and crushing of metals is just across the street from her. I can’t imagine the noise and discomfort that she must endure on a daily (and nightly) basis.

 

Stress and Anxiety:

Continuous exposure to loud noise can trigger stress responses in the body, leading to increased levels of stress hormones such as cortisol. This can contribute to feelings of anxiety, irritability, and reduced overall well-being. 

 

These trucks often fail to stop at the stop sign located at the intersection of San Ignacio and Benavides, which is located directly in front of our home. This failure to stop results in extremely loud noises as they bounce over a “dip,” or deterioration of pavement caused by heavy traffic from these industrial vehicles. This also happens in the subsequent corner, San Ignacio and Garcia Street. To describe the intensity of this sound, it can be compared to gunshots just outside our home. We hear this all day, and many times throughout the night.

 

It constantly startles and wakes up my baby girl from her sleep at night and daily naps, causing distress. Also, there have been many times when I am playing with her outside, and this noise scares her so severely that it causes her to cry.

 

I have personally had to begin taking medication due to stress and anxiety caused by this constant over bearing noise which has been contributed from loss of sleep.

 

Cardiovascular Issues:

Chronic exposure to noise pollution has been linked to an increased risk of cardiovascular problems, including high blood pressure, heart disease, and stroke. Noise-induced stress can disrupt the normal functioning of the cardiovascular system. 

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Impaired Concentration and Performance:

Excessive noise can impair concentration, focus, and productivity, particularly in work or educational environments. It can also hinder communication and learning abilities.

 

As a teacher, I constantly have to bring my work home. This constant noise causes me to lose focus and get behind on my work.

           

Mental Health Effects:

Prolonged exposure to noise pollution has been associated with an increased risk of mental health issues such as depression, mood disorders, and cognitive decline, particularly in vulnerable populations. 

 

I can honestly say that the constant excessive noise is so frustrating that it causes mood changes that lead to depression in my home. The noise from these trucks is not only disruptive but also poses a significant problem for the well-being of our community.

 

4. Damage to Our Homes, Infrastructure and Loss of Property Values: The constant presence of heavy trucks passing through residential areas can have a negative impact on property values. The vibrations and repercussions from the business operations after many years have visibly damaged homes and infrastructure, depreciating property values and risking the value integrity of our residences. Potential homebuyers may also be deterred by the noise, pollution, and safety concerns associated with heavy truck traffic. This is extremely unfair to anyone in the area that is planning to sell their home. It is also detrimental to any investment that we have made on our homes.

 

Moreover, this pounding and crushing of metal in the facility located on San Ignacio between Garcia and Benavides Streets is so severe that it causes our house to tremble in reverberation as it is located directly across the road from us. This daily fierce pounding has caused an imbalance in the foundation of our home, causing structural and wall damages. Our home was not constructed with the structural integrity to withstand the significant impact from pounding and vibrations caused by heavy machinery nearby. Throughout the years, there have been more cracks or breaks on the walls of our home and they have become more apparent with time as the crushing and pounding continues to cause our home to shake.

 

After interviewing residents in the area, this is also the case with their homes as well.

 

It is unjust and even unlawful that our homes are being destroyed as a consequence to this man, Scott Wilkinson, and other interested parties’ personal monetary gain. While money is being made for others, our homes are falling apart and losing value because of this unjust negligence.

 

In addition, the impact of eighteen wheeler traffic has caused a pavement deterioration that sits over a main water line that leads all the way to the Outlet Shoppes of Laredo, thus, risks possible destruction of that major water supply. Heavy trucks and constant passing of vehicles on flatbeds can cause significant damage to residential roads, including pavement deterioration, increased wear and tear, and potential damage to underground utilities. This can result in costly repairs and maintenance for our local government. 

 

Pavement Deterioration and Possible Destruction of Main Water Line:

As previously mentioned, these trucks frequently disregard the stop sign positioned at the junction of San Ignacio and Benavides, right in front of our residence. This disregard leads to more damage as they traverse a pavement depression caused by the constant passage of these industrial vehicles. There is a main water line that is located under that pavement depression that leads all the way to the Outlet Shoppes downtown.  

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Not only is this possible pothole at risk for more damage from the traffic due to eighteen-wheelers, but there is a facility with heavy machinery located directly beside it (across the street from our home on San Ignacio between Garcia and Benavides Streets) that pounds incessantly, presumably for the crushing of metal, of course, in conjunction with Wilkinson’s physical occupation of the area. This pounding and crushing are so severe that it creates land tremors or shaking and even causes our home to move in reaction. Constant pounding of this magnitude can mean damaging consequences for that water supply line. 

 

If this continues, our neighborhood could be at risk of water supply disruptions, as this water line leads all the way to the Outlet Shoppes mall downtown. We fear that possible consequences from further damages could result in the following:

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Water Supply Disruption: The immediate impact of a ruptured main water line, or the disruption of water supply to the entire affected area, including our residents and Laredo College Main Campus. This can result in a loss of water pressure or a complete loss of water service until the line is repaired.

 

Flooding: Depending on the severity of the rupture, water can gush out from the damaged main line, leading to flooding in the surrounding area. This can cause damage to properties, roads, and infrastructure, and may require immediate action to prevent further water damage.

 

Traffic Disruption: Ruptured water lines can lead to the closure or restriction of roads in the affected area and result in traffic congestion and delays.

 

Water Contamination: If the ruptured water line is not quickly repaired, there is a risk of contaminants entering the water supply. This can pose health risks to our residents and may require a boil water advisory or other precautionary measures until the water quality is restored.

 

Repair and Restoration: Once the water line is ruptured, it will need to be repaired by the responsible utility company or municipality, resulting in possible necessary excavation, replacement of the damaged section, and subsequent testing to ensure the integrity of the repaired line.

 

5. Driving Hazards and Vehicle Damage

The fallout of metal scraps from the eighteen wheelers have been contributing to punctured tires and instigated safety hazards for drivers and their passengers. My father, myself and several neighbors have had to get our tires fixed numerous times because of this.

 

6. Visual Blight from Vulgar Graffiti

The persistent problem of years of defaced property with graffiti on the premises of Wilkinson Gary Iron & Metal, Inc. degrades the aesthetic value of our neighborhood, and forces families and children to read such profanities as they pass by. This unsightly display not only affects my family every time they step outside. Furthermore, as if this was not enough to endure on a daily basis, the heat from the sun reflecting off of these metal sheet walls hits the front of our home directly causing extremely high temperatures for us, and even causes our electricity bill to rise. 

 

Unfortunately, no action has been taken to address this issue and remove the graffiti.

 

7. Personal Health and Mental Issues Caused by Aforementioned Disturbances and Damages

 All of the above mentioned have in one way or another impacted our physical and mental health including loss of sleep, depression, anxiety, fatigue, lack of focus, headaches declined quality of life, and even physical ailments caused by the vibrations of our homes impacted by the constant heavy stomping. 

 

A Great Injustice

This situation has caused great injustice for our community, as we are forced to endure extremely loud noises and unsafe conditions for our families and children, solely for Mr. Wilkinson’s personal gain, along with nearby warehouse owners. My dad and I must watch our home fall apart as our cry for help seems to keep getting ignored.

 

Years ago, my family and I were able to live peacefully in our home and we enjoyed our time outside. Now, we are trapped in, as we are forced to endure noise pollution that is louder than what we should be obligated to endure on a daily basis; constantly breathing in air pollution caused by the eighteen-wheelers driving by in such close proximity to us and by pollution caused by the facilities; extreme heat reflecting off of the metal sheet walls to our home; decline of our safety and risk of being involved in an accident due to speeding 18 wheelers; risk of damaging our water supply line; damage to our road; damage to our home; constantly getting flat tires because of the metal scraps that fall on the road; loss of property value, decline of our mental and physical health and risking our lives to the possibility of explosions from multiple fire outbreaks. Our quality of life has severely declined because of this selfish man’s intention to make more money. 

 

Scott Wilkinson has failed to uphold his contractual obligations as stipulated in the prior legal settlement. Quite honestly, the need for our neighborhood to suffer such severe and unfair consequences all for one business man’s personal gain and interest is inhumane. We have previously called the police numerous times, but this has not stopped Wilkinson from allowing this to continue on a daily basis.

 

 

Conclusion

In conclusion, we urge the City Council to enforce the provisions outlined within the City of Laredo’s Land Development Code Book, to advocate for the cessation of damaging practices by Wilkinson Gary Iron & Metal, Inc., and to facilitate the company's relocation. We do not take this action lightly; rather, we move forward with an appeal for just and compelling reparation for the sustained detriment faced by our families, our homes, and our community. In addition, please let it be known that the injustices caused by Wilkinson Gary Iron & Metal, Inc. are not only affecting my family, but many other residences in La Ladrillera neighborhood, thus, this statement is a voice for all of the families that have suffered damages.

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Sincerely,

Kimberly Hernandez

Carlos Hernandez

“Los Olvidados” in La Ladrillera Neighborhood

Laredo, Texas