County stands firm on petition

Published 9:38 am Wednesday, April 8, 2009

More questions surfaced Tuesday about the Mower County Board of Commissioners’ handling of a petition from citizens, asking to vote on the sale of bonds to construct a new jail.

The commissioners also heard an update on the new jail and justice center project’s budget. The construction management firm’s representative said the project is significantly under budget.

Before they heard the good news, the commissioners heard from Jim Hartson, rural Waltham farmer and wind farm developer. He questioned the board’s handling of the recent filing of a petition bearing the signatures of 5 percent of the 19,302 registered voters in Mower County.

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The more than 965 signatures were on a petition circulated by Tony Bennett and Dan Vermilyea, who identified themselves as the “Mower County Taxpayers League,” when the petition was filed with Mower County Auditor-Treasurer Doug Groh.

Bennett and Vermilyea have not returned to the county board to question the petition’s status, but the rural Waltham taxpayer made his thoughts clear Tuesday.

“Where is the petition?” Hartson asked the now three-member county board Tuesday afternoon. “Has it been totally ignored?”

“It appears this board has been badly misguided,” he added.

Hartson disputed the Minnesota statue under which Nelsen advised the county board a voter referendum was unnecessary.

Craig Oscarson, county coordinator, countered by saying the statue cited by Hartson was in error.

Oscarson said the commissioners have relied upon a special bond counsel, outside legal counsel and the Mower County Attorney in guiding their actions.

Hartson said he has not seen the petition, but is concerned. “I just want to make sure you’re not headed down the wrong road,” he said.

David Hillier, 3rd District commissioner and temporary chairman of the county board, attempted to allay Hartson’s concerns.

“We certainly hear what you’re saying,” Hillier said, “and we’re not ignoring the statutes.”

As for Hartson’s argument, the commissioners ignored a requirement to hold a public hearing on the petition, Hillier said, “We did not ignore the petition. We asked the advice of our legal counsel.”

Hartson had more to say, but the discussion ended with a declaration by Hillier, “This is a decision the commissioners have taken very seriously.”

John Pristash, project manager for Knutson Construction Management Services, Inc., Rochester, updated the commissioners on the jail and justice center project’s budgets.

According to Pristash, the project remains under budget for the design phase: $35.4 million budgeted compared to $28.8 million actual; construction phase: $27.8 million budgeted compared to $31.2 million actual.

Alternate bids have totaled $207,691 to date, according to Pristash.

Also Tuesday, the commissioners approved a low bid of $282,873 for kitchen equipment in the new jail.

The budget estimate for the equipment was $367,000.

Since the bid opening March 4, the bids received and contracts awarded have all been far below estimates.

Meanwhile, bids for laundry equipment in the new jail were rejected Tuesday and new quotes will be sought.

That equipment is budgeted to cost $42,547.

Oscarson said the budget update and continued low bids received were “good news” for the project.

Pristash said concrete construction barriers have been erected around the site.

He predicted the concrete footings for the facilities could start next week.