The Whitney City Council discussed the annexation of approximately 57 acres that is being developed by Baker Opportunity Properties during a meeting held Thursday, November 20.
The gated community, located generally west of State Highway 22 and Farm Road 933, will include land behind Tres Hermanos and Allsup’s, with entrances off of Colorado Street and a county road.
Developer Shane Baker told the council earlier this year that he was interested in the city annexing the area, and a voluntary annexation request has now been submitted to the city.
The subdivision will have city water, but it will not tie into the city’s sewer system. On-site sewage systems will be developed under the county’s requirements. Streets and drainage will also be privately maintained by the homeowners association.
As part of a previously approved development agreement, the developer was required to cover the costs of professional services, like legal and engineering fees. The city has covered some of these fees in the past, but City Administrator Billy Pribble said earlier this year that requiring the developer to cover the fees is part of the city’s effort to be better stewards of taxpayer dollars.
The council also approved a final plat for the subdivision.
A public hearing on the proposed annexation is scheduled for the council’s next meeting at 6 p.m. Thursday, December 18, at Lake Whitney Public Library.
Parks Board
The council voted to amend the city’s ordinance relating to the Parks Advisory Board, opening applications up to those who live outside of the city limits. The issue has been discussed at recent meetings, and the council decided that those who live outside the city also use and contribute to the park and may have valuable input.
Pribble thanked the nine applicants who signed up during the previous application period for city residents, and he said that he does not want them to be discouraged by the delay. The city will reach out to ensure they still want their applications considered.
After the application period ends, the council is expected to appoint board members in December.
Housing Authority Board
The council tabled action on the appointment of a member to the Whitney Housing Authority Board of Commissioners. Council member Amy Teal said that adequate public notice was not given for the opening, and she asked to have a notice placed on the city’s website and Facebook page to ensure those interested are aware of the opening.
Whitney Housing Authority Executive Director Stacy Waitssaid that there was no issue with waiting until December, and the council opted to table the agenda item.
Water Bill Information
A citizen’s agenda request was discussed after Jana Strange asked the city to begin putting Omnia (previously Setflow) information on water bills. Strange said that she had a leak for three months without her knowledge, and she wants to make it clear to residents how to view their water usage to ensure it doesn’t happen to anyone else.
Pribble said that the billing clerk has contacted the company that prints the water bills to see what can be added. The issue is expected to be researched and discussed at a future meeting.
City Administrator Title
The council voted to change Pribble’s title from operations director to city administrator, as the city has referred to this position in the past. This will better reflect his duties and be in line with the titles that other cities use. No other job duty or salary changes were made; Pribble and the council emphasized that the action was a title change only.
Alley Abandonment
Eva Baker asked the council to abandon an alley at 405 South Colorado so she can sell the house on the property. She said that the house was built in 1945, and a recent survey shows that some of it encroaches into an unused alley.
While alley abandonments are common in some situations, City Attorney Jennifer Richie advised against the abandonment due to a sewer line in the alley. According to the survey, a portion of the home’s kitchen, which may have been added on at some point, is built over the city’s sewer line.
The attorney said that it would be very unusual to have a structure built over a sewer easement, as it would obstruct the city’s ability to make repairs.
Pribble asked Baker to send him the survey so more research can be done, and the issue was tabled.
Procurement Policies
A resolution was approved adopting procurement policies and procedures in line with federal guidelines for applying for federal funds. The action was a necessary step as part of the city’s work with GrantWorks to apply for a planning and capacity grant. Teal abstained.
TCEQ Violation Update
Council member Teal asked for a discussion to address online concerns about the city’s Texas Commission on Environmental Quality (TCEQ) violation related to the wastewater plant earlier this year.
She said that those questions included whether the violation was related to the “smell by the dam” and what “SEP” means.
Pribble explained the violation, saying that it was related to total suspended solids being too high. He emphasized that this does not mean the city is releasing raw sewage. He said that total suspended solids can include anything in the water, such as naturally occurring things like dirt on a windy day or a number of other possibilities.
He said that there is “no chance” that the smell at the dam has anything to do with the violation, noting that it’s common knowledge in the area that the lake “turns over” when the weather changes.
He explained that the Supplemental Environmental Project (SEP) is a plan that TCEQ allows cities to put in place to help correct their issues. He said that the city’s wastewater treatment plant has either been on an SEP or had an exception from the TCEQ since 1992, pointing out that the city has always had issues with its permit at the site.
The city had already applied for an SEP when the violation was received, and the $18,000 fine may be reimbursed pending a TCEQ board decision.
The city commissioned an engineering plan for a new facility last year, but plans were put on hold when TCEQ began discussing changes to the permit parameters.
Pribble said that the most recent cost of a new plant has increased from the initial estimate of $2.5 million to $3.2 million, and the longer the issue is delayed, the more expensive it will be as costs continue to rise. But he added that there was nothing the city could have done to move more quickly under the circumstances.
Budget Amendment
A budget amendment was approved, with Teal abstaining, that will move $119,880 from reserve funds to Public Works repairs and maintenance. The council and staff missed an error in the approved budget for the fiscal year that mistakenly budgeted $120 to repairs and maintenance instead of the intended $120,000. The city still has over $2 million in its reserves.
Executive Session
The council convened in closed session for legal consultation regarding a lawsuit filed by American Dream Industries, Open Meetings Act procedures and the police chief position.
Open Forum
In open forum, Elliot Summers, Denise Zamora and Angela Arbuckle spoke to the council about the need for animal control in the area. Zamora operates Paws Place Rescue and said that she was not asking for funding, but she asked for the city to publicly acknowledge and promote the rescue, saying that it has taken in over 60 animals in the area over the past six months. Arbuckle said that there is an animal welfare crisis in the area and she has donated a large amount of money to the rescue effort. She encouraged the city to support and acknowledge the organization.
Donna Richardson spoke about her passion to assist veterans, which stemmed from watching veteran family members struggle with the system. She said that there are 4,000 veterans in Hill County, and Veterans Center of Resources is hoping to become a non-profit and has resources available to help them. Two veterans were connected with resources at a recent public event, and other events will be held in the future. She said that the organization also plans to travel throughout the county to help veterans.
David Caster updated the council on the Texas New Mexico Power (TNMP) project to repair Trinity Street near its substation. Caster said that the road is already washing out, and the work was not done correctly. He said that the contractor left a mess behind, and the area has flooding issues that did not exist in the past. He said that he has not received calls back from city officials and wanted to give them an update and ask for information about the project.
Basil Zangare, a YouTube creator known as BZ Watchdog, said that he has been a “thorn in Hillsboro’s side” and now he is coming to Whitney at the request of citizens. He said that he had filed numerous public information requests and accused the city of withholding records from residents. He claimed city staff had mishandled recent decisions, including the installation of reflector signs, and said neither the council nor the school district had approved the changes. He also leveled accusations at the police department, saying he received body-camera footage related to an encounter involving a disabled resident. He said that he will dig up wrongdoing, bring his complaints to state authorities and attend every future meeting.
Stephania Shelby read a statement from Jeannie Koons, who was out of town but submitted comments. Koons expressed gratitude to several organizations and volunteers, saying that the recent Halloween celebration went well and created a joyful atmosphere downtown. She said that there are beautiful Christmas decorations in town creating a festive atmosphere. Koons also thanked the library for its programs, King Memorial Thrift Store for providing vouchers to those with special needs and medical aid devices to those in need, and the Lake Whitney Garden Club for its efforts around town.
Emily Huse and her children, Aaliyah and Hunter, spoke to the council about the need for a pedestrian crossing light at the intersection of Farm Road 933 and Wildcat Drive, near the high school. Huse said that she had been in contact with the Texas Department of Transportation, which is in charge of the project, and after 32 phone calls has been informed that construction will likely begin in the spring. She offered to perform crossing guard duties and educate students about crossing the street safely in the meantime. Multiple Whitney students stood at the front of the room in a show of support.
Lupe Munoz read from the Bible during her time at the podium.
Departmental Reports
Whitney Fire & Rescue’s October report to the council showed 165 total fire and EMS calls for the month. There were 105 fire calls, including three in the city and 23 in the county. The fire department responded to 48 first responder calls in the city and 31 in the county. On the EMS side, there were 60 calls, with 54 in the city and six mutual aid calls to assist CareFlite in the county. The average response time in the city was 5 minutes, and it was 12 minutes in the county.
Whitney Police Department reported 346 total interactions in October, including 198 citations/warnings, 161 traffic stops and six total arrests. There were three animal control calls, including a snake at a restaurant, and two calls regarding a dog and a cat. Three code enforcement calls for service were made in October.
Public Works reported five water and four sewer issues addressed in October, along with 10 after-hours water calls and four after-hours sewer calls.
The Lake Whitney Public Library issued 31 new library cards in October and served a total of 1,406 visitors for the month. There were 42 total programs held at the library, with 325 visitors attending.
The Lakelander 