Print this story |
E-mail story |
This story has 11 comments | Add your own |
iPod friendly | Bookmark this
What is this?
photo by Eric Johnson
A dumptruck from Hansen Excavating goes to pull out of the jail and justice center construction site Thursday afternoon.
Jail opponents continue efforts
A letter has reportedly been sent to the Attorney General’s office
Published Friday, May 15, 2009
Dissidents who unsuccessfully petitioned the Mower County Board of Commissioners to hold a voter referendum on issuing bonds to build a new jail have more questions to ask.
This time, they are asking the Minnesota attorney general for an opinion and using the same statute cited by the county as the basis for their queries.
Stephen J. Smith, an attorney with the Owatonna law firm of Smith, Tollefson & Rahrick, has written the Minnesota attorney general on behalf of Dan Vermilyea.
The attorney asks the attorney general, “If the (Mower) County has not levied a sufficient tax to provide for all necessary funds for construction of a jail, and has not yet issued county bonds, can any contract be made for construction of a county jail?
“And if a such a contract has been made and construction is already underway, is such a contract invalid?”
On behalf of his client, attorney Smith notes, “The question is important, as we understand construction is already underway, bids have been accepted and we believe contracts have been entered into.”
“No bonds however have been issued; we understand the intent is to issue them later this year,” Smith concludes.
The letter is addressed specifically to Angela Skarda, citizen research specialist for Minnesota Attorney General Lori Swanson.
Vermilyea is identified as a member of the Mower County Taxpayers League. Vermilyea and Tony Bennett submitted a petition with more than 900 signatures to the Mower County Board of Commissioners requesting a hearing be held to decide whether a voter referendum on the jail bonds issue should be held.
The county board, acting on advice from Mower County Attorney Kristen Nelsen, who reaffirmed what the county’s special legal counsel, Stephanie Galey, determined to be true, rejected the petition request March 16, the same day the commissioners awarded contracts for the project.
A subsequent and separate action by citizen James Hartson, rural Waltham, disputed the commissioners’ action April 28, and the statute the county based its decision upon to proceed with the jail/justice center project.
Again, Nelsen, citing Galey’s opinion, affirmed the commissioners’ decision.
According to Smith’s letter dated Thursday, Skarda previously supplied information on the bonding issue to Vermilyea May 1.
That letter came after Vermilyea wrote Nelsen April 21, asking for a written response to the Vermilyea-Bennette petition request.
Mower County has relied upon Minnesota Statute Section 641.23, according to Smith, to support its belief that no bond referendum need be held.
However, Smith, quoting the statute directly, observed it reads: “Before any contract is made for the erection of a county jail ... the county board shall either levy a sufficient tax to provide the necessary funds, or issue county bonds therefor in accordance with the provisions of Chapter 475.”
Mower County has issued $10-million in leave revenue bonds authorized by the Mower County Housing and Redevelopment Authority for the construction of the justice center only portion of the project.
Bids for project
Bids were accepted and contracts awarded to begin construction of the two-story, 128-bed county jail and justice center.
Two blocks of downtown property acquired by the city of Austin have been cleared, and footings are being poured for the new facilities.
A third block was acquired by the county for a geothermal well field to heat/cool the jail/justice center. It, too, has been cleared of all buildings and soil preparation is underway for the geothermal well field.
KKE Architects, Inc., the county’s architect firm of record, estimated the cost of the new facilities at $30.7 million.
The county commissioners have repeatedly stated over the last 12 months, they would place a ceiling of $27-million on construction of the new facilities.
According to Smith, the entire amount of the construction costs “have not yet been levied in taxes or underwritten by actually-issued bonds.”
The Owatonna attorney has also written the Mower County Attorney, asking Nelsen if “procedural requirements,” originally mentioned by Galey April 20, as the county’s intent to perform, were, in fact, followed to the letter of the law and according to Minnesota Statute 641.23.
Craig Oscarson, county coordinator, said the twin letters, both mailed Thursday, would have to be reviewed by the Mower County attorney before comment could be made on the county’s behalf.
The letters were also unknown to any member of the Mower County Board of Commissioners, when this story was written.
Copies of the letters were made available to the Austin Daily Herald Thursday.
WOULD YOU LIKE TO SHARE THIS STORY?
Comments
Posted by jimbennett (anonymous) on May 15, 2009 at 2:52 p.m. (Suggest removal)
These projects follow a logical time line.
A. Plan
B. Bonding meeting
C. Waiting period for public comment on the bonds
D. Sell Bonds
E. Dig a hole.
For those that say this action is too late, you are correct. The trouble is the county jumped from A to E, bypassing B,C and D. The time for comment was at C.
Posted by Lemmy (anonymous) on May 15, 2009 at 9:28 p.m. (Suggest removal)
A case of too little too late.
Posted by Demo (anonymous) on May 15, 2009 at 10:04 p.m. (Suggest removal)
They just don't get that it is a done deal. Good comment Jim
Posted by Michael (anonymous) on May 15, 2009 at 10:52 p.m. (Suggest removal)
The problem is it isn't a done deal. Our current commissioners are operating illegally and bypassing important steps in the legal process that are supposed to ensure our democratic rights. We need to fight this if only to prevent them from doing it again. The current contracts should become null and void as there is currently no money backing them and could not be legally made.
Posted by leftys2221 (anonymous) on May 16, 2009 at 12:47 a.m. (Suggest removal)
Just wait until the KKK gets here on June 3rd
Posted by notsuprised (anonymous) on May 16, 2009 at 9:12 a.m. (Suggest removal)
People are too quick to roll over and play dead for the county, this is why we are in the pickle we are in, it’s time to stop with the “it’s too late” game. All anyone is asking is that the county comply with state statutes. I’m assuming the attorney general will decide what that means? Remember people, they constructed those loans in a way that avoids requiring a special election, even if people present a petition. They then proceeded to skip the regular process of having bonding meetings, which is when the public is supposed to have a chance to speak. When people did attend meetings early on they were told it wasn’t the appropriate time for their questions, asked to wait in the hallway, told not to make statements etc. Unless you’ve actually attended or spoken with someone who has attended these meetings, a person really has no clue.
We (all of the taxpayers) need to find out if this process was handled correctly. If it wasn’t, we (all of the taxpayers) need to decide if we care enough to do something about it.
Posted by babar (anonymous) on May 18, 2009 at 12:05 a.m. (Suggest removal)
This isn't the only illegal action this county has taken. Sentencing inmates incorrectly????????? We will have to see?? Mower County they tend to beat to their own drum!
Posted by babar (anonymous) on May 18, 2009 at 12:08 a.m. (Suggest removal)
Just think..... how would you like to be found "not guilty" by a jury of 12 and then have a judge overrule their decision??? They tend to do whatever they damn well please!!! When is someone going to put a STOP to this crap!!!!
Posted by ms (anonymous) on May 18, 2009 at 9:48 a.m. (Suggest removal)
Will we be getting a response from the County today? I'm guessing they will try to ignore the people and the legal system just like they have through this entire process. Don't let them get away with this. Demand an answer.
Posted by Aletheia_Kratos (anonymous) on May 20, 2009 at 9:16 a.m. (Suggest removal)
Still waiting. Maybe they don't know the answer.
The statute says “Before any contract is made for the erection of a county jail ... the county board shall either levy a sufficient tax to provide the necessary funds, or issue county bonds therefor in accordance with the provisions of Chapter 475.”
The answer seems clear. In case they need help writing it, the answer is "We did not follow the law. We are the county. Please go away."
Or perhaps they are busy building a time machine so they can go back in time, have the required bonding meetings, issue the bonds, THEN enter the contracts. I wish them good luck with the time machine.
Meanwhile, the citizens of Mower County would like our paid servants to answer the question - "Was the law followed?"
Posted by Aletheia_Kratos (anonymous) on May 26, 2009 at 11:41 p.m. (Suggest removal)
Is anyone else noticing that the county has not issued a detailed response to the question. One would expect that if they figured they were in the right, they would be quick to tell the press what their position was. Here we are - 1.5 weeks later and no public statements. Hmmmm?!?!?
Post a comment (Terms of Use Policy)
(Requires free registration.)