Timpson Council Continues Arguments Over Collection Agency

February 28, 2016 - The Timpson City Council continued discussions on the possibility of hiring a company to represent the city in collecting outstanding fines and fees for the Timpson Municipal Court, which made for lively arguments amongst the council on Februar 16, 2016.

During the presentations and recognitions portion of the meeting, the city recognized Buddy Adkison on his retirement from Austin Bank, the City’s depository bank. Adkison has served Austin Bank and the City for 16 years.

The council item portion of the meeting had comments from both Yvonne Ramsey and George Grace. Ramsey stated her concerns regarding the streets of Timpson and she would like to see the maintenance crew attempt to fill holes in some of the streets to help improve them. Mayor Pro-tem Ronnie Wolfe stated, as long as the weather remains favorable some pot holes can be filled and he agreed it is something that needs to be done.

Grace then spoke of reasons he made decisions in previous meetings.

"I know the peoples might be a little upset with the way we voted on October, November and December, but I voted that way simply because I thought about, let me name four out of a hundred. Four out of a hundred peoples, four of them. Lita Mae Williams, L.G. Allen, Ella Jane Yarbrough, John Amos. These peoples are not able to go out and get no job, they all like George Grace, they on fixed income, they on high-priced medication and I didn't want to see the city lights and water and sewer go up due to keeping the same auditor that we had. So when I picked up my packet on October, I said that I was going to be the only one to vote against it, but thank God we had three vote," said Grace.

Grace continued by commending himself and two other members of the council leaving out the two remaining.

"Another thing, I'd like to say, I'd like to give councilman commission Baker, commission Wolfe and also myself a pat on the back, because all of the conflict we done seen on facebook and email and all this and stuff. We done proved out Matthew 18 and 10, we done proved out Matthew chapter 24 and verse 37, we done proved out Mark chapter 12 and verse 30 and Luke chapter 10 verse 27. In other words, we held our head up, we ain't tried to condemn nobody, we ain't tried to make nobody look bad and I continue to give myself a pat on the back," said Grace.

Council members Kyle Allen and Ramsey each wanted to know to what the comments from Grace were pertaining and asked for an explanation from Grace. Ramsey wanted to know about herself and Allen; however, Grace would not elaborate and only referenced the way he voted on October, November and December of 2015.

Wolfe indicated it was time to move forward with the meeting and Grace had stated his case for the record. Wolfe said it has been brought to his attention the back exit of the city hall is not up to state fire code. He informed everyone, he has been in touch with Center Glass and they have given a bid to put a panic bar in on the back door as well as a battery operated light. Wolfe stated this would be added to the next meeting agenda.

Debra Pate Smith, former mayor of Timpson, spoke during the citizens input portion of the meeting and she made what she stated was more of a public information request.

She said the budget which was approved for the 2015-2016 Fiscal Year included $12,000 for an auditor; however, the council recently hired an auditor for $15,000. Smith also stated $5,500 in attorney fees were approved by the council in that same budget.

"With all the things that are going on there's probably been a lot of use of the city attorney, and I notice that item 11 tonight suggests that another contract be sent to him for review," said Smith.

Smith then stated her request of the city to provide her with the total of monies expended with or owed to the city attorney from 10/31 to date with a proper classification of water, electric, and general. She also wanted a total of electric funds to the general fund tranfers.

"We budgeted, and I say we because it was all of us then, $40,000 from electric to general and if that transfer has been made or in the excess," said Smith.

Smith returned to item 11 on the agenda, hiring of McCreary Veselka Bragg & Allen P.C. (MVBA) to collect delinquent Municipal Court fines and fees, "There's only one of the firms that's you know came and presented to the council tonight and I know at one time I guess the council voted to not pass the ordinance allowing the contract to be reviewed, so I don't see a ordinance on here. The way I understood from our attorney at that time, you had to have an ordinance approved to add the contract, so if you don't pass an ordinance to add the 30% fee I don't see how you can address a contract."

Wolfe then replied he has been informed he cannot respond to Smith's citizens participation and he would not.

The council was to consider replacing an engine for a Ford F450 owned by the fire department, or take bids on replacing the truck altogether; however, according to Luke Shadix the fire department instead received a donation to cover the cost of replacing the engine in the truck. He stated they would be looking at replacing another truck in the future.

Laird Markland, representing McCreary Veselka Bragg & Allen P.C. (MVBA), was present to discuss the collection of delinquent municipal court fines and fees for the city. During the discussion Yvonne Ramsey, councilwoman, asked what the difference was between MVBA and the previous company, Linebarger Goggan Blair & Simpson (LGBS), which presented a similar plan and was not approved by the council. She also pointed out the new contract would cost more money once presented to the city's attorney. The difference Wolfe stated was he wanted over 90 additional days for people to pay thier fines instead of the 60 mandated by law, which he said MVBA agreed to provide.

Councilwoman Janell Baker stated the council didn't vote to have the attorney look at the previous contract, which cost the city money. Councilman Kyle Allen disagreed and stated the council did agree to present the previous contract to the city attorney per Wolfe's request, which Wolfe agreed and said that was what he was asking for now.

Although Wolfe refused to give a reason to the other company during the council meeting as to why he and other council members were against going into a contract with them, Wolfe's argument during the February meeting was his hangup had always been the additional 30 days. When Allen asked James Guest from LGBS, who was present, if he could have made the same arrangement with the city Wolfe interjected Guest wasn't on the agenda.

"I've seen you question many a person from the chair there. I guess the little king has spoken," said Allen.

Ramsey asked him if they could give the 90 days, to which Guest responded they could. Wolfe stated that wasn't what Guest told him and Guest stated that was not what he said. A great deal of arguing continued amongst the council members during which councilman George Grace made a motion to table the contract until the next meeting. Ramsey asked if there was anyone on the council who had delinquent taxes who might have voted against having LGBS represent the city. LGBS does collect delinquesnt property tax, which could have been the reason for this question.

Baker responded to Ramsey and said, "No, but I mean it's probably you know, we were not for them like y'all were."

Exactly 50 seconds after Grace made his motion, Wolfe stated he was entertaining a motion for the city attorney to go over the contract with MVBA and draw up a resolution to present at the next council meeting, to which Baker seconded, followed by Grace stating what Wolfe said over and Wolfe adding to include an ordinance, which was seconded again by Baker. Audience member Joworski Chimney asked if councilman Grace had not already made a motion to table the contract and Grace didn't get a second, ignoring the fact there wasn't time for one Wolfe stated Grace didn't get a second. Allen asked for discussion to which Wolfe stated, "I think we've had a good one," indicating there was to be no further discussion.

Grace and Baker voted in favor of the motion, Allen abstained from voting and Ramsey voted against the motion. This was followed by Wolfe voting in favor of the motion.

A motion was carried to hire Barbara Wester as Deputy Early Voting Clerk for early voting by appearance on April 25, 2016  through May 3, 2016 to assist the City Secretary. Wester was also hired as Election Judge for the May 7, 2016 General Election along with an Alternate Judge and four Clerks. This was partly because, Municipal Court Clerk Paula Mullins and Utility Secretary Charlotte Broadway requested to not help with early voting.

A motion was carried for an Order of Notice, General Election to be held on May 7, 2016 to elect a Mayor and two City Council Members. A motion carried to enter an Interlocal Agreement between Timpson ISD and the City of Timpson to hold a General Election May 7, 2016.

The meeting was then adjourned at 6:38pm.

Public Works report for January
31 total work orders received, 28 resolved, 2 resolved from previous months. Energy was put on the new dollar store and service had to be rebuilt at the school, two leaks were fixed on Bear Drive, Prairie Street and North 2nd Street. The communications tower for the fire and ambulance was scheduled to be replaced on February 17.

Police Report for January
24 agency assists, 18 motorist assist, 1 escort, 7 extra patrol requests, 5 calls for loose livestock, served 2 warrants, 2 theft cases, 8 disturbances, 3 calls for suspicious person, 2 calls suspicious vehicles, 4 calls reckless drivers, 1 crash investigation, 2 forgery cases, 9 investigations, 3 welfare checks, 2 cases for assault, 2 cases for burglary of a vehicle, 1 theft of a firearm, 1 resisting arrest, 1 public intoxication, and 1 sexual assault of a child, Total arrests of 2 with calls of service of 100.

Municipal Court Report for January
59 citations issued, 77 violations, 0 to juveniles and 2 to minors. Total amount reported $14,782.72 the City’s portion a 55% estimate of $8,130.50.