HomeMy WebLinkAboutKinsington Custom Homes opposition regarding proposed Trash OrdinanceKensington Custom Homes LLC.
1805 Millstream Court, Westlake Texas 76262.
TEL: 214 923 7575 - FAX 817 742 7422
Office: 817 742 8000
email:kensingtonestates@me.com
Mr. T Brymer
Town Manager
1301 Solana Blvd.
Bldg 4, Suite 4202
Westlake, TX 76262
June 19th 2017
Dear Mr. Brymer,
I am writing in reference to a proposed ordinance that allows the Town to levy a charge
of $25,000 for trash mitigation/clean up. I may not have all the facts of the proposal but
my understanding is for each home a Builder constructs in the Town of Westlake, he or
she will have to deposit $25,000 with the town. The town will have the discretion to use
that money, if in the opinion of someone qualified or not to make such determination, to
arrange a clean up. The town will then pay from such funds for this action whether or
not the trash requires cleaning up on such a job site at that time.
Mr. Brymer, I am unfortunately reminded of George Orwell’s novel, 1984. At what point
does the Management of an elected authority have such power that they can invent
monetary penalties for what is a subjective situation? Further more, we happen to be in
a business, that by the very nature of the activity is periodically, necessarily and
unavoidably covered in what at some stage will be regarded by some as trash. Who
decides when a lot or job site has reached a point where the professional Builder is
required to clean up?
As you may know Vaquero requires a similar bond for potential structural damage to the
neighborhood and that is very different as it is a quantifiable situation. Break a curb or
street sign it costs a specific amount to repair.
I know of no situation where anyone can judge my activity and say at the moment in
time I have to cease operations and clean up my lot. Only I have that knowledge as I
am the Project Manager and am aware of the optimum time to effect a clean up in line
with the progression of work at any one site.
In the likely event there is food or packaging or other items that have been blown by the
strong winds we get here in Texas then it is and should be up to the integrity and
professionalism of the GC or Superintendent to act. I understand this is not always the
case and strongly suggest that this be the responsibility of the Sub Division’s HOA to
advise and take appropriate action, possibly an appropriate fine to the Builder
responsible.
Such a financial burden on a Builder like myself, building one or two homes in Westlake
at any one time could be catastrophic, a larger company building several houses could
be significantly damaging, possibly terminally.
I understand that need to keep the streets clean and make an effort to do so especially
now that Westlake is enforcing the use of Dumpsters (using their choice of supplier) on
each job and in some cases screening to contain trash. I applaud that rule although I
suspect the restrictive practice of having to use one particular company for the
dumpster is not legal – but as you may guess, I am not a legally qualified to be sure of
this. I suspect someone else will address that issue another time.
May I also point out that there are other businesses in Westlake that potentially could
cause litter to reach the public streets, I am not sure how you can fairly differentiate
between my company and The Marriot, Joes Pizza or CVS as an entity for example. I
understand the argument that they control their trash in enclosed areas with enclosed
dumpsters, well good for them, our business is one of waste creation on a greater scale
in the outdoors but we are going to be penalized for the contribution we make in the
creation of the town that some of us live and work in?
Obviously it is a moot point to state that I strongly object to this proposal but would
welcome discussions and proposals that deal with this problem with an alternative
solution.
Yours truly,
Nicholas Smith
Kensington Custom Homes LLC