City, county commissioners at odds over vehicle
by Kenda Nelson
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An inter-local agreement to transfer animal control services from the town of Refugio to the county was put on hold Tuesday morning by the commissioners. Tuesday night, the town council adopted the agreement.

The disagreement between the two governing bodies boils down to a vehicle the town agreed to give the county for the animal control officer.

“They didn’t change (the agreement) to a truck like we asked at the last meeting,” Commissioner Stanley Tuttle said. “I’ll fill y’all in on that story.”

Tuttle said he “took the liberty” of going by Milton’s to talk to Tommy Byerly. Bylerly allegedly told him that the Tahoe offered by the city was “wrecked again,” and that there was “more damage done to it.”

Tuttle said because of the age and mileage, Byerly said the vehicle would “most likely be totaled.”

However, Chief Chris Brock, formerly supervisor of the town’s animal control, said not so.

“The vehicle was not wrecked again,” Brock told the council Tuesday night. “Tommy said he did not tell Stanley Tuttle that the vehicle was in another wreck and Tommy said he was willing to go to the commissioners court and tell them so.”

The police chief explained how the wreck occurred.

“An individual blew through a red light and struck the vehicle on the driver’s side door. That individual was cited and fined and the report is on file.

“The next day we took it to Milton’s and Tommy gave us the bid. When the insurance check arrived, I took it back and Tommy told me he had neither the manpower nor the time to repair the vehicle.”

Brock said that Tommy said “there are three points of contact and he doesn’t know how bad it is until he gets into it and that makes sense; how would he know?”

Byerly, who was contacted after Tuesday morning’s meeting, said, “I don’t have anything to say except I provided a bid.”

County Judge Rene Mascorro, who was absent at the court meeting, hand-delivered the county-approved, signed and sealed version of the agreement to the town council at a previous meeting. The agreement took effect Oct. 14.

City Attorney Deb Bauer added a few details involving insurance coverage for the town’s impoundment facility, according to Robert McGuill, county attorney. The revised version was sent to the commissioners for signing Tuesday morning.

Both government bodies had the item on its agendas.

“Essentially, the agreement is what was originally signed,” McGuill said. “I didn’t even know about the vehicle. There’s nothing specific in the agreement, it just says ‘a vehicle.’”

Neither version specifies the type of vehicle.

“They came over with a signed contract and we sent it back, thinking it was binding,” Mayor Rey Jaso said. “They had a meeting this morning in which they didn’t sign off on it.”

“How can (the commissioners) deny one group of taxpayers services and grant another group of taxpayers the same service?” questioned Karen Watts, council member. “No other towns offered the county a vehicle.”

Councilman Ron Nelson said he considered the vehicle more of a gift than a bargaining chip since the town agreed to give the county $23,000 and a certified facility.

“The contract doesn’t say a truck or a car, it just says a vehicle,” Councilman Ruben Garcia said.

“We all want things,” Watts said. “I want a Mercedes but that doesn’t mean I’m going to get it. All I want for my taxpaying citizens of Refugio is no more and no less of an economic consideration that the other taxpayers in the county are getting.”

Garcia also asked why the city attorney was not present to answer legal questions in the matter.

“I left a voice message but she didn’t return my call,” said Callie Shreckengost, city secretary.

Garcia insisted that the attorney be in on the matter.

In addition to a vehicle and the money, the city is turning over its newly renovated certified shelter. According to Dr. Laura Robinson, of the Texas Department of Health in Harlingen, who oversees impoundment facilities in this area, the county does not currently have a certified impoundment facility.

“If you do have an impoundment facility, it does have to meet the standards for health and safety,” said Robinson. “The state does not regulate shelters.”

While the county’s population falls below a mandate requiring regular inspections by the state, Robinson said “it’s up to local jurisdictions to police itself but must meet standards. The city facility has met the standards in the past.

“Earlier this year, I was assured by the judges that the county does not have an impoundment facility,” Robinson said.

When the city closed its impoundment facility, the certification was lost. Reopening it by the county requires procedures being set and a state inspection.

Without a certified facility, Robinson said a town or county may not house animals that have not been vaccinated and are picked up in bite cases, requiring quarantine. In the absence of an impoundment shelter, a veterinary facility or certified facility is required, at the owners’ expense.

Commissioner Gary Bourland, who presided over Tuesday’s court meeting, said, out of courtesy, the county will continue to provide Refugio with animal control services until an agreement can be reached. He also said he was confident an agreement will be reached.

“What we won’t do is take a piece of junk that will work only a little bit.”
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