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<br />Commission Minutes--May 19, 2003 2591 <br /> <br />,- <br /> <br />Mr. Wagner said the jail was already approved for demolition, and there was work being <br />done while going through the processes with the North Dakota State Historical Society on <br />the Sheriff's Residence, prior to the TRO. Any arrangements made for the fill material could <br />have been accommodated at that time. he said. <br /> <br />Mr. Vanyo asked the State's Attorney if the issue of the dollar amount in the change order <br />for clay material is a decision to be made by the courts. and Mr. Burdick responded that the <br />court will first resolve the issue of liability. If the parties named in the counter suit are found <br />liable, the court will then decide the dollar amount. <br /> <br />Mrs. Johnson said the change order request in the amount of $39.066.00 represents an <br />amount of money that was considered very carefully by all parties, namely T.L. Stroh <br />Architects, Industrial Builders, Inc. and Cass County Government. She said the change <br />order amount was reviewed line by line, and it represents a fair number in terms of what the <br />work stoppage has cost the contractor. <br /> <br />,,- <br /> <br />Mr. Tennefos maintains there were other delays besides the temporary restraining order, <br />and he asked the commission to investigate those delays before making a decision on the <br />change order. Mrs. Sorum said the board has to show some trust and reliance on the <br />information provided by T.L. Stroh Architects and by Industrial Builders. <br />MOTION, passed <br />Mrs. Sorum moved and Mr. Vanyo seconded to approve payment of the <br />change order with Industrial Builders in the amount of $39,066.00 for <br />delays in the old jail and sheriff's residence demolition project caused <br />during work stoppage as a result of the Temporary Restraining Order; <br />and further, the county continues to seek recovery of this amount from <br />the plaintiffs who filed the Temporary Restraining Order. Discussion: <br />Mr. Bennett said he has no question on the change order amount of <br />$27,366.00; however, the amount of $11,700.00 for the loss of clay could <br />be questionable later during the court proceedings. Mr. Wagner said <br />there is no question that the change order amount is owed to Industrial <br />Builders. He said the crucial time was during the work stoppage, from <br />April 14-22, 2003, when it was necessary to remove the clay from the <br />other project. On roll call vote, the motion carried unanimously. <br /> <br />13. VECTOR CONTROL, BudQet increase for additional mOSQuito control efforts <br />Keith Berndt, County Engineer, was present to request that the vector control budget be <br />adjusted by $139,000.00, from $262,139.00 to $401,139.00, in order to significantly <br />increase the effectiveness of the program. In view of the threat of West Nile Virus, he <br />suggested using county emergency funds to cover the expenditure. <br /> <br />Mr. Berndt said the additional funds would be used for equipment, supplies and salaries. <br />He said the budget adjustment does not include aerial mosquito spraying of cities; however, <br />he did include $25,000.00 for aerial spraying some of the rural populated areas outside of <br />the city limits. Individual cities would fund aerial spraying in their jurisdiction. <br /> <br />,,- <br /> <br />Also present was Kristi Biewer, newly appointed Vector and Weed Control Director for Cass <br />County. Ms. Biewer discussed mosquito control efforts and encouraged the board to <br />increase funding in order to take the program up another level because of West Nile Virus. <br />