Fire Department Defies Request of Timpson Mayor; Council Reiterates Her Request

August 17, 2020 - The Timpson City Council heard from mayor Debra Pate Smith July 21, 2020, about issues involving the Timpson Fire Department and their decision not to comply with requests made by the mayor on behalf of the city.

Mayor Smith explained for the council the city receives notification from the Texas Municipal League (TML) every year in relation to insurance coverage held by the city. 

"Just like every business that has vehicles, your home and auto policy at home and your rates are driven because of who's driving your vehicles, any accidents they've had, any driving record issues they've had and current accidents or liabilities that the city has had to pay," said mayor Smith.

Mayor Smith said the city has had three workers comp claims and two vehicle accidents with the fire department in the past year. According to Smith the total insurance expenditure for the city of Timpson for one year is $35,175.

Several items covered by the insurance are the police department, general department, transformer lines, and fire department to which $7,000-$9,000 annually is attributed.

"Which we're tickled to death to pay, but at the same time I want to get the best rates," said Smith. "One of the ways to do that is to have a list showing that our drivers that are operating vehicles are all in compliance and have good driving records."

According to mayor Smith attempts were made by Misty Burgess, City Secretary, several months ago to acquire the needed information from the fire chief and secretary on more than one occasion. Mayor Smith attempted to get the information herself from the same sources. She was asked why she needed the information and she explained.

Two months after mayor Smith's request, still no information was received.

"There's some kind of mental discrepancy in the fire department, how they're established. Fire department was established as a unit attached to the city back in 1912 or 23, whenever they were started," said mayor Smith. "They had a truck and a person. The truck was either donated, or bought with city funds or some type of Texas Forest grant and one guy drove it."

Mayor Smith commented the department has grown into a much larger entity with land donated to the City of Timpson by a bank, and a building donated to the City of Timpson by a lumber company, all of the trucks are also titled to the City of Timpson. 

"The Timpson Volunteer Fire Department is not a 501C3, at no time during their organization have they set down and formed a board and said 'hey, we want to do a 501C3, and we don't want to be a part of the City of Timpson'" said mayor Smith.

To accomplish this, Smith outlined the department would have to have that board, a 501C3 approved by the state of Texas and the IRS, as well as an EIN number. Without that, the fire department is made up of volunteers utilizing equipment, property and a building which belong to the city.

"The liability for whatever happens, or goes on, falls back to the city and not the organization," said Kyle Allen, councilman.

In preparation for additional things the department needs, Mayor Smith said the city generally budgets $10,000 to $15,000 of General fund money for the fire department.

"I just need to officers and the volunteers of the fire department to understand they are part of the city, and therefore they fall under our guidelines and the rules that apply to the city," said Smith.

Councilman Allen asked if the department had just not responded to her, and mayor Smith stated she was responded to once with that they were "busy," and a second time with "why do [you] need it?"

Kenneth Walker, councilman, asked if there is any benefit to the fire department in separating from the city and would it be any less expensive. Mayor Smith remarked it would be less expensive for the city, but not for the fire department and their money wouldn't last long.

"It won't save the citizens any money, because when it comes out from under our umbrella I imagine that ISO rating's going to go way up on everybody's fire insurance," said Smith.

A motion carried to require the volunteer fire department to provide motor vehicle records and a list kept in the city office up to date with name, date of birth, driver's license and a signed waiver by each driver.

(Related article: DPS Investigates FM 1970 Single-Vehicle Crash, First Responder Incident)

During the police department report, Walker stated several people have asked him about the intersection of U.S. Highway 84 and U.S. Highway 59, and he asked Chief Kent Graham if there is any plan on changing the stop signs at the intersection.

"We've talked to TxDOT, we had a meeting with TxDOT, it's been a while back about maybe putting up some rumble strips before you get there," said Chief Graham.

Smith said TxDOT also talked about painting on the highway; however, based on reports run through Austin that isn't considered an area with a high incident rate. Plans for Highway 69 also put a stop to any major changes with the possibility the entire intersection may be abandoned.

"I figured when they had the fatality, they'd do something. They didn't change anything," said Walker.

According to Texas Department of Transportation, there have been two fatal crashes at the same intersection. Both incidents involved passenger cars pulling in front of 18-wheelers traveling south on U.S. Highway 59. (Related articles: Fatal Crash Occurs at Timpson Intersection, U.S. Hwy 84, 59 Scene of Major Crash Resulting in Fatality)

Mayor Smith presented a quote for repair on the Bremond and 2nd Street storm drain in the amount of $6,700 contingent upon the acceptance of the bid for $17,850 for 2nd Street and Jacob Street storm drain repair.

"We already voted on the $17,850, y'all asked that we get a second or third even bid. Larry reached out to several companies that do this type of work and got nothing back," said Smith. "In the meantime, we had another storm drain issue come up and they are quoting both of these if done together."

Mayor Smith said the previously approved area has continued to deteriorate the sidewalk at First Baptist Church in Timpson and the water lines in the vicinity. She explained there are several other drains in the city with the same problems.

"The other that's on there is the one by Fred Chimney, and it's dropped the culverts on either end and broke them," said Larry Burns. "What happens is all the dirt that comes off the highway off everybody's vehicles silts that up. I dip it out once a year and it still silts it back up and causes it to swirl."

With the constant traffic of delivery trucks driving to the Brookshire Brothers grocery store, and water washing out the drainage system, mayor Smith is concerned there will eventually be a cave in.

A motion carried to approve the bid for $6,700 and the bid for $17,850.

The next Timpson City Council meeting is set for August 18. Click here to view the upcoming agenda.

Agenda items approved during the meeting include:
1. Minutes from the Regular Meeting held on June 16, 2020

2. Financial Statement for the month of June 2020

3. Accounts Payable – June 2020

4. Mall Energy’s quote to repair the pump on mobile generator in the amount of $3,900.

5. Goodwin-Lasiters’ proposal to begin the TCEQ Permit Renewal process and services running between $3,200 and $3,700 and be completed by April 1 2021.

6. Duplichains’ quote for the repair on Bremond & 2nd St. storm drain in the amount of $6,700 contingent upon the acceptance of the bid for $17,850 for 2nd St. & Jacob St. storm drain repair.

14.  Require TVFD volunteers to sign a waiver allowing driving records for insurance purposes with copies of waivers to be scanned and emailed to citysecretary@cityoftimpson.com. Require a current list of all Timpson Fire Department Volunteers including legal name, DOB, DL#, to be on file in the City Secretary’s office. Any member not complying would be excluded from driving/operating vehicles belonging and/or Titled to City of Timpson.

15. Adjourn.

Agenda items tabled or postponed:
1. Install walk-up window and drop box for utility payments.

2. Adopt Social Media Policy for city employees, Volunteer Fire Department, City Council & EDC Board Members, and  any other City related Committee Members.