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Jail compromise elusive, but county leaders must find it

Somewhere within the problems plaguing the Butler County Prison project there must be a window of compromise.

But that window, as of this morning, appeared to be closing quickly.

What appeared to be opening instead was the possibility for millions of dollars of extra expenses to county taxpayers — for a project already about $10 million more expensive than initially projected. And, regardless of what criticisms might be due the general contractor, A.G. Cullen of Pittsburgh, regarding what has happened to date, ample criticism also is warranted for the county commissioners.

From the start, the three commissioners have been the leaders ultimately responsible for ensuring that the construction process proceeded smoothly — even with a construction manager hired to oversee day-to-day progress. Each day the current morass further cements the fact that the commissioners have failed to keep the project moving forward on some semblance of a schedule.

The commissioners stood by in silence when delayed steel shipments resulted in the loss of the 2006 warm-weather construction season. They should have sought to publicly pressure Amthor Steel of Erie and anyone else tied to the steel-arrival delay; instead, they simply waited quietly while, presumably, other projects whose leaders mustered more clout received the attention — and steel.

Now, with the possibility of Cullen walking off the job due to a dispute over $500,000 in retainage money, accusations have been flying that county officials were not even attempting to hold serious face-to-face discussions with Cullen and other project contractors about how the project shutdown can be averted.

The situation cries out for compromise, but county leaders seem more content to allow lawyers to battle on their behalf — instead of mustering a determined backbone and working to help forge an agreement.

No one involved with the project should be able to say "if we actually felt that ... we were listened to." But that is what Cullen's attorney, Richard Kalson, said regarding Cullen's experience with this county, while pointing out that he would recommend not terminating the construction contract if the county would try to resolve the current differences.

Instead of county leaders taking the lead in trying to resolve the current problems, there remain uncertainties about Cullen's request for independent mediation, what the fate of a $486,570 claim by the proj-ect's electrical contractor will be, and the stance Cullen's bond company will take regarding the situation.

County taxpayers are justified in fearing the impact of what has transpired and what could happen. Kalson probably wasn't exaggerating when he said that, if the county would have to rebid all of the remaining project work, the cost to the county could be millions of dollars.

The commissioners must follow advice of their attorneys in order to avoid serious mistakes and the risk of putting the county into even worse financial peril than it already faces. But it's past time for the commissioners to step forward to take a leadership role in resolving the mess for which they ultimately are responsible.

Somewhere there is room for compromise, but whether the commitment to find it exists remains in question.

Not in question is that each day the outstanding issues remain unsettled, the legal wrangling is adding to the taxpayers' bill.

County taxpayers deserve better.

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