The Whitney City Council discussed proposed ordinance updates and other business in a meeting that became contentious at times Thursday night, October 16.
In the regular agenda, the council heard from downtown Whitney business owner Debbie Aust of C&S Antiques, who asked the city to amend its zoning ordinance that is impacting her ability to display goods on the sidewalk in front of her business. Aust said that complaints have been made against her business and she feels that she is being singled out.
She added that she has measured to ensure there is enough space for the sidewalk to be ADA compliant.
The council expressed interest in amending the ordinance, although there was discussion about what limitations may need to exist to avoid overcrowding sidewalks.
In another zoning issue, the council discussed legislative changes that necessitate updates to the city’s ordinance related to home businesses. The legislature removed some of the previous ways cities could regulate home occupations, and the proposed local ordinance change would comply with that new state law.
Council member Amy Teal proposed striking the entire ordinance, saying that the state does not require cities to regulate home businesses. Council member Vicki Wilson, who operates a home-based business, said that she disagreed, pointing out that there need to be protections for neighbors if a home business is blocking streets or creating a nuisance.
The council ultimately voted to hold workshops to get public input on the proposed ordinance changes and bring them back before the council for action.
A mobile food vendor ordinance update was also discussed, as the state now says that vendors do not have to receive permits to operate in a city if they are already permitted through the state.
The council voted to approve the scaled-back ordinance to comply with state law, and Teal said that she wants to bring the issue back for discussion in November to see how much of the entire ordinance can be repealed to give businesses freedom to operate.
Council members heard from several applicants who are seeking a position on the city’s parks board to improve city park facilities and work to obtain grant funding for projects.
There was discussion during the meeting about the requirement that only city residents can serve on the board. Speakers pointed out that those residing outside the city limits may have valuable input, and council member Jason Ince informed the council that the original parties who worked to build the city park did not live in the city limits.
The council ultimately decided to put the ordinance on the next meeting’s agenda for possible revision to open applications up to those who live outside the city limits.
Operations Director Billy Pribble updated the council on Texas New Mexico Power’s response to the city’s requested actions at the substation on Trinity Street. The council has been discussing TNMP’s substation upgrades and how the project is impacting neighboring properties and infrastructure.
In August, the council asked TNMP to expand its plans for road repairs to include Trinity Street from Polk to Jefferson. The original plan was only to repair from Washington to Polk. The city also asked the company to repair any crushed tin horns, culverts and ditches and to add a screen at least 8 feet tall around the substation.
The company did not agree to repair the whole length of the street, saying that its equipment did not impact that area. TNMP said that it would repair the drainage ditch in front of the substation, but said that it had not identified any damaged culverts or tin horns. The company agreed to install slats in the fencing that currently exists at the substation, but declined to make any other fencing changes.
Pribble said that the verbal report given to the council by a TNMP representative did not match the actual work planned to repair the portion of Trinity Street. He said that the actual plan appeared to involve patching the road. TNMP has now committed to replace missing asphalt on the road, leaving it with a 2-inch asphalt surface and a chip seal overlay.
The council approved selecting GrantWorks as the planning and administration service provider for the city’s application to the Texas General Land Office for grant funding. The Community Development Block Grant through the Resilient Communities Program would allow the city to create a city-wide infrastructure plan, which Pribble said is long overdue. Teal abstained from the vote.
The council also accepted the annual price increase of 5.05% from Republic Services, according to the terms of the city’s contract with the solid waste collection provider. Republic reported that the increase is based on changes in the Consumer Price Index related to water, sewer and trash services. Teal abstained.
In other action, the council unanimously approved a special event permit for the Lake Whitney Chamber of Commerce to hold a trunk or treat event Friday, October 31, from 5 to 7 p.m. The Lakelander was also designated the official newspaper of the city for the purpose of publishing required public notices, with Teal abstaining.
Open Forum
Multiple speakers addressed the council during open forum. Topics included a request that park board applications be accepted from people residing outside the city, a request that leaders reflect on their words and actions, a call for an end to divisive rhetoric, congratulating the community for a successful Pioneer Days, and commenting on the thorough clean-up after the festival.
There were also concerns raised during open forum about council member Teal not standing for the Pledge of Allegiance. Following the meeting, Teal addressed her personal livestream audience and referred back to a Facebook post she made about the issue. She said, in part, that she has been exercising her personal right not to recite the pledge during public meetings and that she has long been open about her philosophical stance as a political anarchist.
In the post, Teal explained that she typically stood quietly during the pledge but has recently chosen to sit at council meetings as an expression of her commitment to protecting freedom of speech, including speech that others may find offensive.
The meeting was briefly disrupted during open forum. As one speaker encouraged residents to avoid inciting negativity, Teal appeared to hold up a printed image of a social media post. An audience member shouted in response as the mayor called for order, and he and another man were ultimately escorted from the room by police after a verbal exchange.
Council member Cheryl Taylor-West also made comments during the outburst, questioning why youth in the audience were laughing at the scene.
Departmental Reports
In departmental reports, the police department responded to 336 total incidents in September, with two arrests, 147 total traffic stops and 171 total citations or warnings issued. There was one animal control call for a dog at large, four code enforcement calls for service and three self-initiated code enforcement matters for tall grass.
Whitney Fire Rescue reported 193 total fire and EMS calls in September. EMS responded to 60 total calls, with 57 in the city and three in the county as mutual aid for CareFlite. Average response time in the city was 5.6 minutes, and it was 7 minutes in the county. The fire department ran 133 calls, with three fire calls in the city, 20 fire calls in the county, 56 first responder calls in the city and 54 first responder calls in the county.
Public works reported five water leak repairs, three meter replacements, five on-call water calls and four on-call sewer calls. Three new bleachers were ordered for the city park.
Lake Whitney Public Library reported that 40 new library cards were issued in September, and there were 1,097 total visitors served for the month. The library had 126 computer users, provided direct reference assistance to 104 people and had 165 visitors attend events and programs at the library.
The council is expected to meet in a special session Tuesday, October 21, to discuss the police chief job description. The next regularly scheduled meeting date is Thursday, November 20.
The Lakelander 