County’s contract for strays still on table

Milam County Commissioners decided to give more time on a proposed contract for housing stray dogs in the county during a meeting on Monday. 

During their meeting, Commissioners once again brought back a proposed contract with Mark McKibben regarding the housing of stray dogs for the county. The original contract proposal was discussed in February. The contract with McKibben would pay him a flat rate of $2,500 per month to house dogs for the county.

When that agenda item came up, McKibben was in court and said he has still not signed that contract due to there being no successful negotiations so far.

County Judge Bill Whitmire said that the county has a contract written up and they were voting to move forward with the contract.

“Let me give you a little history of this,” McKibben said. “I did come to you before the end of the year before you took this position and tried to discuss with you what the plans were for dogs in the county. We haven’t had a successful discussion to this point. The contract you are referring to was not given to me prior to the action to approve. I got it in an email with no discussion whatsoever. As far as I am concerned there has been no meeting of the minds. You have to tell me what we are going to do, because as far as I am concerned we don’t have a contract.”

Whitmire said the contract was put out by the commissioners court. He said it is a county contract and there is not a negotiation. You do the contract and get paid for it.

Things then got heated between McKibben, Whitmire, and the Commissioners.

McKibben noted he was not present or allowed input on the contract as previously proposed and did not agree with some of the stipulations in that proposal. When voices were raised and tensions escalated between the participants, law enforcement made their presence known.

McKibben was allowed to speak within his allotted time, during which he threatened a lawsuit against Whitmire, the County, and the Court for what he considered breach of contract.

“I had a contract last year,” he said. “It is called a contract of mutual agreement, which is legal in this country. I had submitted invoices and they were paid. I had a contract last year and I submitted invoices in January and February of this year expecting to be paid. I submitted it and got paid, that is a contract. I don’t care if it is written or verbal. The commissioners voted on it and it was legal and you are now in breach of contract. I am going to sue the county for it because you are breaking the law. I am the only one in this room that will take animals for everyone. I am upset about this.”

McKibben told the court they have not seen the last of him and asked County Clerk Jodi Morgan to make sure it was noted in the minutes that he had a contract for services he provided last year.

Ultimately, the court voted 3-0, with Commissioner Henry Hubnik absent and Commissioner James Denman recused, to allow two more weeks for McKibben to sign the contract before they decide what to do next. 

In other business commissioners also: hired Alan and Crystal Smith as Veterans Service Officers; postponed hiring a new emergency management coordinator after a brief executive session; approved new software from Spindlemedia for the Milam County Tax Office; approved a mass gathering permit at Apache Pass; appointed Commissioner Hubnik to the Milam County Industrial Development Board were approved; they also allowed for funding for facade improvements to the Old Town Cameron Museum; approved the purchase of a backhoe for Precinct; and approved backup internet for the Milam County Sheriff’s Office.