Park district settles dispute

Marianne Gillespie

Shore Acres Pool is closed right now, and so is the chapter about paying for the renovations of the pool.

The Chillicothe Park District board of trustees ratified a settlement agreement with Schielein Construction at its board meeting Saturday.

The parties reached an agreement before the case was due in court.

Through a negotiated and compromised agreement, the park district will pay Schielein $160,000 to finish its payment for the pool, $36,000 less than originally set, Mike Mahoney, CPD board attorney, said.

Schielein sued the park district for the balance of its contract, a 10 percent retainage of about $196,000.

The park district then counter-sued, alleging liquidated damages for Schielein not completing the work by its deadline.

As written in the contract, every day the pool was not open, Schielein would receive a $1,500-per-day penalty.

In the end, however, the penalty was not pursued, Mahoney said.

Completion date originally was set for June 1, 2006, but after problems of securing the state permits, the park district and Schielein agreed to a new date of July 8, Mahoney said.

The pool did not open at all in 2006 and park officials did not receive the permit to open until last summer.

With overruns and add-ons to work completed at the pool, board president Mike Krost said the final cost for the pool hovered around $2 million.