03-03-2003 - Laserfiche WebLink

Commission Minutes--March 3, 2003 2568 Mr. Hoy said others are reading Mr. Paaverud's letter another way, and believe he was speaking on his own and not on behalf of the State Historical Society Board. At the time when Mr. Hoy contacted Mr. Paaverud asking him to confirm the county's reading of the letter, an attorney general's opinion was requested, and now Mr. Paaverud thinks the board of the State Historical Society should make a clarification on the sheriffs residence. In his letter opinion dated February 25,2003, Attorney General Wayne Stenehjem said Cass County may not destroy the sheriffs residence without the State Historical Board's approval pursuant to Section 55-02-07 of the North Dakota Century Code. Mr. Wagner said he understands the attorney general has to answer only the question that was posed to him, and he has done that. The opinion does not say Cass County did not comply with the law. Mr. Hoy said the Attorney General's Office interprets the law, and they limit their answers to the question posed. Mr. Wagner said he sent a letter to the State Historical Society after the Commission meeting on February 18, 2003 informing them of the decision to award the demolition bids for both the old jail and sheriffs residence after taking into account the recommendations of the Historical Society, the county's space requirements, the historical value of the existing courthouse and the financial costs to local taxpayers. The county had reviewed a conceptual site plan included with the State Historical Society's February 6th letter, and determined a new structure would not fit on the premises in the manner they suggested. Rick Hoganson, of Foss Associates, determined it would cost an additional $500,000- $750,000 to incorporate the sheriffs residence into the courthouse campus. Terry Stroh, of T.L. Stroh Architects, was present as the county's architect on the demolition project. He said when a contractor's schedule is interrupted, it costs the owner money. In this case, it would cost the county thousands of dollars to delay the project. Spring load restrictions will soon be imposed and the work is timely now before spring construction projects begin. About $40,000 in additional costs would be incurred if the sheriffs residence is removed later. He estimated there is about a two-week time period before the county would incur additional expenses due to delaying contracts. MOTION, passed Mr. Vanyo moved and Mr. Meyer seconded that the Cass County Commission ask Attorney Robert Hoy to seek clarification by March 17, 2003, from the North Dakota State Historical Society Board regarding their previous correspondence dated February 6,2003. Discussion: Mr. Bennett asked how this affects the contracts that have been let, and Bonnie Johnson, County Coordinator, said the bids are good for 60 days from the date of letting the contracts, which is approximately March 24th. At the call for the question and on roll call vote, the motion carried unanimously. 11. VOUCHERS, Approved MOTION, passed Mr. Meyer moved and Mrs. Sorum seconded to approve Voucher No. 173,869 through No. 174,301. On roll call vote, the motion carried unanimously.