05-19-2003 - Laserfiche WebLink

Commission Minutes--May 19, 2003 2590 ,- MOTION, passed Mr. Meyer moved and Mr. Bennett seconded to authorize the chairman to sign a letter to support to the North Dakota Department of Health, Division of Water Quality, for the discharge of surface water from the West Bay of Devils Lake to the Sheyenne River via the State of North Dakota's emergency outlet application No. ND-0026247. On roll call vote, the motion carried unanimously. 12. JAIUSHERIFF'S RESIDENCE DEMOLITION CHANGE ORDER, Payment approved Bonnie Johnson, County Coordinator, said a change order request was made by the contractor, Industrial Builders, Inc., in the amount of $39,066.30 to recover costs associated with the court-ordered suspension of the jail/sheriff's residence demolition project. Change orders of $5,000 or more on building projects are routinely presented to the County Commission for authorization, she said. Present for today's discussion were Mark Granberg, representing T.L. Stroh Architects; Paul Diederich, President of Industrial Builders, Inc.; and Jens Tennefos, citizen. If11*" Mrs. Johnson said she is aware there is a question about a figure of $11 ,700.00. which is included in the change order amount, for clay fill material. She said this amount is somewhat less than what was discussed at the April 22, 2003, hearing on the Temporary Restraining Order (TRO). As reported to her by Terry Stroh and Industrial Builders, she said this is the amount of money that Industrial Builders anticipated receiving from a source providing clay fill; however. because of the demolition delay resulting from the TRO, the fill material has to be obtained from another source. Birch Burdick, State's Attorney, said the issue of additional costs due to the Temporary Restraining Order is part of a counter claim filed in District Court by Cass County Government. He said the counter claim raises two issues, the first being liability on the part of the plaintiffs.. .John Strand, Cass County resident and taxpayer. and other concerned citizens and taxpayers, similarly situated. If liable, the second issue is the amount of damages owed by the plaintiffs. Mr. Bennett asked if there is the possibility of further additional costs depending on where the clay fill material is located, or if it has already been located. Mrs. Johnson does not anticipate additional costs for the fill material. If the project had not been delayed. she said the clay fill from the original source could have been used. Mr. Diederich said his company had an opportunity, at one point, to remove clay from a project at MeritCare Health System. That window of opportunity was missed because of the work stoppage, and Industrial Builders had to obtain the fill from another source. It was available at the time, and now it is not. ,,- Mr. Tennefos said he has mixed emotions because he may be on the paying end of the counter claim. He believes there were several delays to the project and they are not all attributed to the shut down. He said there were delays in awarding the contract after the project was bid, and he does not think there was a use for the clay at the time when the "Save the Jail" citizens group shut down the demolition project. Mr. Diederich said the week of the shut down was the critical week, and the clay was still available at that point in time.