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Friday, April 16, 2010

Memory Lane, in this case, not a peaceful place for neighbors


Send your comments, questions and news tips to roundup.editor@gmail.com, to:

- Pct. 4 County Commissioner Karen Ford,
karen.ford@co.hays.tx.us
- Ray Whisenant, Ford's Republican opponent in November's election at raywhisenant@gmail.com
- City of Dripping Springs at itouchstone@cityofdrippingsprings.com
- State Rep. Patrick Rose at
patrick.rose@house.state.tx.us
- Memory Lane Event Center at info@memorylaneweddings.com,
- the Willises at
kimly.west@gmail.com
- or click on the "comments" button at the bottom of the story

This, from a RoundUp reader in the Dripping Springs area:

To the roundup,


sure enjoy all of your writings. i especially appreciate the news that isn't shared through the traditional outlets. thanks!

below is a 'letter to the editor' i've submitted for publication. thought you might want to investigate further. noise is a growing issue and is now impacting more than just the nutty brown crowd.

thanks again for the 'good stuff'.


peace,
kw
memorylaneweddings.com
April 1, 2010

Our Letter to the Editor:

We moved to Hays County in 1992. We moved onto our property in 1994 (lease/option), and purchased our 7.5 acres in 1996. We have owned clear title to our land since 2006.

We love our property and have created a peaceful and lovely home for us, our children, and many pets and wildlife. (please call before visiting!).

That is until 2008 when the Memory Lane Event Center opened their 4000 sq. foot outdoor pavilion. These folks are the noisiest and most obnoxious bunch I have ever lived near.

Polite requests for abatement of their party noise have fallen on deaf ears (maybe because Mike and Janet Morgan have fallen deaf due to the excessive noise!).

We need county Land Use Regulations, NOW. If we had these regs, then the commissioners would have the power to regulate where such businesses could locate, buffer zones included. It wouldn’t be on such a small parcel located in close proximity to others.

Memory Lane Event Center has 18 acres – not near enough for what they are perpetrating upon their neighbors. I don’t care if they are ‘such nice people,’ or that their facility is ‘just gorgeous.’ Nor do I care if their guests had a ‘wonderful event.’ These things are immaterial to the noise. If the Morgans were really nice folks, then they would consider their neighbors (we all have complained!) and turn their low noise vibration and excessive partying down to a reasonable and considerate level. (During the wedding season they have parties every single weekend!).

It’s not about them, nor about their business. It’s about the EFFECTS their activities have on the surrounding neighbors and countryside. It’s obnoxious, offensive, and incredibly loud (rattles my windows and shakes my floor).

The law of the country used to be – DO NO DISTURB YOUR NEIGHBORS, and KEEP YOUR NOISE TO YOURSELF. Before, if a neighbor was disturbed, a simple and polite phone call would remedy the situation. Boy, have times changed in Hays County.

Do not think any of us are immune from noisy business neighbors. It could happen to you too if you live in the unincorporated areas of Hays County. I am requesting that each and every one of us call our representatives, local and state, to have laws passed and enacted that will prevent this from happening again.

Thanks for your time and attention. Peace and quiet to all, The Willis Family.

26 comments:

Anonymous said...

The County allows up to 85 decibels and metering of the noise levels have never exceeded that value. It's unfortunate but there is likely nothing that can be done. Some of the horn honking tactics of the complaining neighbors will not help and may even be illegal. This has been going on for months and it is obvious that the authorities won’t or can’t intercede, so what do you people want? You could sue them but I’m sure you have checked into that.

Anonymous said...

Well, the county could always lower the maximum decibel level to a level everyone could live with. I'm sure it wouldn't take a rocket scientist to figure that out.

Anonymous said...

Dear Anon # 2:
I believe the State of Texas limits the decibel levels the County can adopt at 85 db. The County cannot overstep that bounds by going lower, to my understanding. Sorry try again.

Anonymous said...

How about approaching your state legislator, Patrick Rose, and asking if he'd sponsor a special exemption in the law for certain venues and localities in Hays County. That would probably require that you get supporting resolutions from the county and city of dripping. Such a bill could likely be passed through the local consent calendar procedure in the legislature.

Anonymous said...

“a special exemption in the law for certain venues and localities in Hays County”

Boy oh boy, that a stretch! I seriously doubt if that would pass any test. If you have a law that is that specific it just doesn’t make sense from a legal position to grant a special exemption for a lower level. How much would you howl if Rose or Conley did something like this for one of their developer friend? The howl would likely top 85 decibels.

You could always petition the Commissioners Court for a change in the law.

Anonymous said...

Yes, that's how to start it. Petition the commissioners court, with Pct. 4 Commissioner Ford putting a resolution on the agenda for lowering the required maximum decibel level in Hays County, to say 65db. And Rep. Rose could take some initiative through his office in the Legislature. Maybe the county and Rose working together could solve the problem to everyone's satisfaction.

Anonymous said...

Kimly,
We should start a community-wide letter writing campaign to our representatives. We moved out to the country 25 years ago to get away from noisey neighbors. Ironically, we now have to put up with excessive and disruptive noise from businesses. As our area keeps growing, more businesses will move in and they too could have open-air music venues. Any one of us could have a loud neighbor moving in close to us. Just because it doesn't affect a person living in the area now doesn't mean it won't in the future.
We need to petition the Texas legislature to introduce and pass a bill to allow the sparsely-populated counties to set their own noise ordinances and maximum noise levels through the commissioners court. Also, consider writing our US representatives to get them to fund the EPA to look into noise pollution and how it can negatively impact the public's health.
Working together to improve the quality of life in our community can bring about change needed.
Great story, thanks!

Anonymous said...

You mean everyone except the people targeted by your actions? The people that purchased their property with the expectation that they could use it as they wished within the limits of the law?

Anonymous said...

Hi Kimly, great article. Thanks!
It may help to start a community-wide campaign for writing letters or petitioning our state representatives. First of all, we need to make them aware of the problem, then ask them to sponsor a bill that will allow the sparsely-populated counties to set their own noise ordinances and maximum decibel levels.
In addition, you may want to write our US representatives too and ask them to better fund the EPA so they may address noise pollution issues more effectively. Currently, they've left it up to the states and local governments and our state's penal code desperately needs to be updated. As you know, noise negatively affects our quality of life and well-being of our citizens, so this is an important topic.
Hopefully the community will consider that this area is growing rapidly. More and more businesses are moving in. They may not yet be affected by a noisey business, but they sure could be in the future.
Again, thanks for writing your letter. Best of luck to you,
DS Neighbor

Anonymous said...

Hi Kimly, maybe we should start a letter writing campaign or petition to make our representatives aware of the problem. Our state representatives would need to allow the sparsely-populated counties to set their own noise ordinances and maximum noise levels. They also need to update the antiquated Texas penal code regarding 85 dB for noise maximums.
In addition, our US representatives and Senators should be contacted and asked to better fund the EPA so they can be stronger on noise pollution issues. Noise does have a negative effect on our quality of life, health and well-being.
Thanks again for writing on an important topic.
Best of luck to you,
DS Neighbor

Anonymous said...

State representatives should be made aware of the problem. Ask them to sponsor a bill that will allow the sparsely-populated counties to set their own noise ordinances through the commissioners court.
Also US representative should be asked to provide better funding for the EPA to work on the noise pollution issue that negatively affects health, quality of life and well-being. Best of luck to you Kimly. We liked your article!

Anonymous said...

Why don't you all just contribute $20,000 to local officials to do that? I'm sure that would get better results.

Learn the game said...

Everyone knows the limits of the law are set by our lawmakers. The actions of our lawmakers are set by their wealthy contributors and the business community. It is rare these days to find a public official who will listen to, and act on, the wishes of ordinary citizens. I think two suggestions made here, in combination, could help your cause, i.e., raise money to contribute to your legislator's political campaign, get some personal time with your legislator, and petition your county commissioners court for a supporting resolution.

Anonymous said...

I am also a neighbor of this facility. We have tried everything!!! I have approached Karen Ford and asked her to put on the agenda to have the noise ordinance clarified to include a lower level, where the readings are to be taken (at fence line of offending party or my porch etc), lowering the acceptable level after certain hours etc. A representative of the Hays County Sheriff's office has stated they have requested the same clairification! Ford refused to do this. The commissioners court has the power to do this (we have checked with the Attorney General's office) but the court puts a greater value on commercial development over the rights of its citizens!!!

cozyhome said...

wow, thanks for the responses. last legislative session patrick rose and jeff wentworth did intro noise bills. rose's got out of committee but was tagged/stopped by someone wanting things to stay the same.
we do need to petition rose and wentworth, non-stop, and write letters weekly to all the local/austin papers. we need to call the sheriff every time there is excessive noise, and consider voting in folks who listen to homeowners needs.
memory lane event center hires 'off duty' officers for their functions. this give the impression that the sheriff's department is biased towards their right to make excessive noise. this just isn't moral for the rest of us.
last night was the loudest, most offensive noise yet. i am so angry and tired. but i'm stepping up this campaign because we all deserve the right to live in peace and quiet.
hays county is an 'urban corridor' county. this should afford us the right to initial and enforce county land use regulations. we need land use regs NOW.
thanks again for the input and responses. and thanks in advance for your help. we all need to do what we can.
NOISE IS COMING TO A NEIGHBOR NEAR YOU!
peace,
kimly

Anonymous said...

Make sure Rose and Wentworth aren't "tagging" their own bills and can say later they tried. It's been known to happen. Get a noise meter, same as the sheriff department (make sure the calibrations are correctly in sync), and record your readings during each event. If the readings are at or below 85 and your windows and floors are still shaking, then there is something terribly amiss with that 85 legal standard. Noise like that can rattle the brain, young and old. It's not good for one's mental health.

Anonymous said...

Your local reps are already aware of it. Don't expect too much help from them. If it bothers you so much you should get a bunch of neighbors together and picket the place on weekends. That will put a damper on their getting more customers and perhaps that will be the catalyst to get them to turn down the decibels.

Anonymous said...

There is more noise on the way! The liberal city of Austin and others keeps closing down live music venues due to the latte crowd’s ‘sensitivity’ to loud noises. We out here in the Country will be the recipients of the noisy ones since we don’t have the sensitive snoots that Austin has. This is just another benefit of living out here. Free Music, get used to it.

Anonymous said...

Does anyone realize that this complaint is not necessarily true? I know of several other neighbors who are not upset with the event center. They are CLOSER to the event center than Ms. Willis. Then there are the accusations of events every weekend. Another outright lie. I live close as well, and know that there are times when there are several weekends in a row when nothing goes on.

I can't believe that this blog would run what amounts to no more than a personal attack on a neighbor as newsworthy. Where does that end? Has this blog now become the source of gossip and dissent with the neighbors when nothing else works and it is abused in such a way that the accusations are unsubstantiated and outright fabrications?

cozyhome said...

my intent with writing my letter to the editor was not to annoy, harass, embarrass or slaunder anyone.
my intent was to share with others in hays county, that we have a big noise issue. and if we want to change the law (85 decibels) then we have to work together to do just that.
my comments are my own and speak of the EFFECT that excessive noise pollution has upon me and my family.
memory lane event center built their facility at the top of a hill. and the sound pollution travels all around. there is no noise abatement fence to contain their noise. their music is turned up to the decibel level allowed by law. technically they have done nothing wrong.
i can't live near 85 decibels. i can't sleep and my health and business are impacted.
again, my comments are about the effects of their activities, and nothing more.

Anonymous said...

Anonymous said...
Memory Lane is a wonderful place and the nicest people I have ever met. I had my wedding out there and it was perfect. The staff told us in advance that they were concerned about the neighbors and the level of the music. We had no problem with that. They required us to hire a Sheriff and the Sheriff went around the property on a golf cart monitoring the sound levels.
We could talk on the pavilion without having to raise our voices and my friends and family had a great time dancing. Memory Lane required us to end our event at 10:30pm which was no problem and we did.
I think what is being stated here by Kimly is very exagerated and hateful to be honest.

Anonymous said...

Kimly is not exagerating, she is not hateful and she IS honest. You had an event there....you DO NOT live next door or near MLEC!! We do. We put up with the noise. I can hear it in my home!!! If I want to go to sleep at 9pm on Friday night I can't. The thumping of the bass can be heard in my bedroom. I have called and asked them to please turn it down. They do not!! The party last Friday (4/16) lasted until 11:30 pm. And then once it ends I get to lay in bed fuming because I feel like I have been raped by their noise pollution in my own home!! I have to put up with it, you do not!! The leniant noise ordinance in the county needs to be changed.

Anonymous said...

Run for office, move away or sue the owners. Complaining here on this blog is going nowhere. Frankly, I’m tired of reading about something that only applies to a very few people. If it makes you feel better to make others feel bad just continue to whine, I guess.

Anonymous said...

Hey 'Run for office', why don't you butt out. Take a hike if this stuff is boring to you and keep your opinions to yourself. What Ms. Willis is pointing out is a lot more than a noisy and inconsiderate business neighbor. She's pointing out how useless our local officials are and who really runs our local government and elected officials. Kimly deserves to be heard and her complaints addressed as much as anyone. It says a lot about a town and a county by how its citizens are treated and who gets the favored treatment.

Anonymous said...

Have you folks not read the comments from Ms. Willis? The City and the County did all that they are able to do legally. There are State mandated limitations. If there is something else besides, than that is something for the civil courts to decide through the lawsuit process, whether by Mr. Morgan or by Ms. Willis as the offended party. I believe the latest round of events has now devolved into the offer to mediate by a mediation group out of Wimberley. Maybe that will help resolve issues. This blog when most effective brings out an issue and maybe helps to clarify the issues that need resolving. This can only be done though when both parties are fair to one another in their accusations. The heaping on of scorn for opposing opinions, and the ridiculuous claims of local governments doing little do not help resolve situations, but only aggravate the situation.

Noise Abatement Specialist said...

Memory Lane, out of common courtesy, should cut off the noise at 10 PM. If they are not willing, civil disobedience by the neighbors is justified.