St. Cloud Times from Saint Cloud, Minnesota • Page 11

May 17, 1 975 St. Cloud Daily Times Feiereabendl sentenced on theft charges 1 1 Loco ISt ate Report Proposed family planning bill weakened by House amendment The sentence specifies that Feierabend will be returned to the Veterans Administration Hospital in St. Paul, where he has been confined, until he is able to serve his sentence. When doctors approve, he will be discharged to begin serving a year in the Hennepin County Jail, Minneapolis. During that year, Feierabend will be released during the day under what is known as the "Huber law" to work without pay in some public service, such as at a hospital.

Technically, Hoffman sentenced Feierabend to as much as five years in prison on each charge, consecutively, or 10 years. The judge presumed that after a year in jail Feierabend will be given probation, but he noted existence of the "remote" possibility that the court could send him to prison anytime during the 10 years. That normally happens only when an offender violates the terms of his probation. Hoffman explained why he included public service work in Feierabend's sentence. "I thought he should do something," the judge said.

"I don't want to let the guy go Scot free." Stearns County Attorney Roger Van Heel made no recommendation to the court about sentencing. "There's no doubt in my mind," Van Heel said Friday, "that if he'd been in reasonable health, he would have gone to prison." Last November, Hoffman gave Messerich a sentence which also included public service work. Messerich pleaded guilty to two theft counts and was also sentenced to as much Investigators said then that they were unable to thoroughly audit records for the full time period during which they suspected crime, but that a 10-year audit was done. Based on the REA's findings, civil lawsuits have been fiied to recover what is alleged to be a total of $538,350.21. The association recovered $100,000 from its insurer.

Feierabend's sentence has been pending for a year because he has had serious medical problems, according to documents reviewed by Stearns County District Court Judge Paul G. Hoffman, who sentenced him Friday afternoon. Feierabend has undergone surgery several times and has been under psychiatric care and medication for depression. Hoffman said he would have sentenced Feierabend to prison had it not been for his health. By GWEN FLANDERS Times Staff Writer Bernard W.

Feierabend, former manager of the Stearns Cooperative Electric Association at Melrose, was sentenced Friday to serve a year in jail and work at least 30 hours a week during that time, without pay, at some public service occupation. Feierabend, who was originally accused of five counts of aggravated forgery and 10 counts of felonious theft, pleaded guilty on May 13, 1974, to two theft counts. He and the former office manager of the cooperative, Victor Messerich, were charged in 1974, after more than a year of auditing and investigation by the Rural Electrification Administration (RE A) and Stearns County authorities. as five years on each charge. He was required to serve 90 days in jail and donate eight hours a week for two and a half years to a charitable or religious organization.

All criminal action stemming from the investigation of the cooperative has now been completed. However, several civil suits have not yet been tried in court. They are aimed at recovering money from employes who supposedly embezzled it, from officials responsible for supervising them and from the company's former auditors, who did not discover the discrepancies which were later found by government auditors. According to an REA report to the Stearns Co-op's board of directors, money was taken from the association by three methods. The report said that 112 false invoices for payments totaling $360,659.10 were prepared for the purchase of transformers which never existed.

In 1,119 instances, the report said, double throw switches were installed and paid for, but about $140,000 in payments was never deposited in the cooperative's bank account. The third method outlined in the report involved $4,680 which was collected for installation of temporary service but never deposited. Yileks continue fight .11 He said the amendment would result in fewer young people coming to the family planning clinic for contraceptives and therefore more abortions from unwanted pregnancies would occur. Rep. Joseph Niehaus, GOP-Sauk Centre, who voted in favor of the amendment saia "If the planning clinic people would sit down with the parents and work out an agreement maybe they could get somewhere but this bill does nothing but damage to those kids." Also voting in favor of the amendment were Reps.

Al Patton, DFL-Sartell: Stephen Wenzel, DFL-Little Falls, and Bernard Brinkman, DFL-Rich- mond. ') Rep. Claudia Meier, DFL-. Rice, opposed the amendment and Rep. James Pehler, DFL-St.

Cloud, did not vote. United Press International ,1 By GWEN FLANDERS Times Staff Writer Carl and Patsy Yilek continued their fight to stay in their condemned house Friday, as their attorney, John Fletcher, argued before Benton County District Court Judge Gaylord Saetre that their property is not needed as a parking lot for the apartment building under drugs, medicine and contraceptive devices. Money could not have gone to agencies promoting or performing abortions. Amendments deleting provisions of contraceptives from the bill and cutting appropriations to $150,000 were defeated before the final amendment was added. The amendment's author, Rep.

Henry Savelkoul, GOP-Albert Lea, said, "Parents have the right to be notified if their children are receiving contraceptives. The people giving out this information are not any more qualified than parents are." Tomlinson said, "Chances are these children coming in are already sexually active. It isn't as though the family planning clinics are setting them up to become sexually active." committee pushed for an Around property han, attorney for the HRA, interjected, "It seems to me, your honor, he's making a case for condemnation." Hoolihan added that Yileks were aware of the impending condemnation as early as thus if they suffered inconvenience it was their own decision to do so by not leaving. Fletcher's primary request was that Saetre set aside his earlier order, which said that the HRA taking of lots 22 and 23 was allowable, because it was for a public purpose. As an alternative to having the order set aside, Fletcher asked the judge to separate the parcels for appraisal and to let the Yileks stay in their home until all appeals have been exhausted, including the Minnesota Supreme Court.

At the end of the hearing, Hoolihan responded by asking Saetre to deny Fletcher's motions and to "strike them as a sham and a fraud." Yileks, who have lived in the house for 10 years, have refused to discuss relocation assistance with the HRA. They have been offered $27,000 as the market value of their property and up to $15,000 to cover the additional costs of moving. At one point in Friday's hearing, Fletcher described the Yileks' property before the apartment construction began as "a secluded, private retreat, a little gem of a park right in the city that has been turned into a morass of concrete, bricks and mortar." to retain demnation were serious enough to invalidate the condemnation itself. The house was one of several named in eminent domain proceedings by the St. Cloud Housing and Redevelopment Authority (HRA) last fall.

The HRA transferred titles of all the properties to the United Christian Development Effort (UCDE), a private, nonprofit corporation which is constructing an 85-unit apart ment building for middle-in come elderly people. Part of that building was built on lot 17 there, where the Yileks had a garden. Fletcher argued in his mo tion Friday that, with the building near completion, it has become apparent that there is "no public purpose" in taking the rest of their proper ty, lots 22 and 23, on which their house stands. He claimed there is adequate parking without those lots. He also asked that a court- appointed commission be instructed to appraise lots 22 and 23 separately from lot 17 when the commissioners consider how much compensation Yileks are entitled to be paid.

Because lots 22 and 23 were not legally included in the or ders until later than the other property because of an error, he contended, the Yileks suffered the "harassment" of adjacent construction while they were still legitimate occu-pants, and the appraisers should take that into consideration. At that point, James Hooli- construction next door. Saetre. will file his decision after reviewing evidence. Yileks, who live at 23 Riverside Drive SE, were ordered by Saetre on April 12 to vacate their house by May 22.

The order was based on a hearing held Feb. 3. In that order, Saetre denied the Yileks' contention that errors in serving notice of con- Town Youth injured A 12-year-old boy was treated and released yesterday at St. Cloud Hospital for injuries sustained when he stepped on a railroad "torpedo." The "torpedo" or flare is used as a warning device for the Burlington Northern Railroad. "They're about the size of a quarter wrapped up in thick red paper," a police spokesman said.

A Burlington Northern caboose was broken into either Tuesday or Wednesday, the spokesman said. Children and parents in the north and northwestern parts of the city should be particularly cautious. If hit hard enough, the torpedo causes a minor explosion. Police are working with an investigator from Burlington Northern on the case. Council sets hearings Three public hearings will be conducted by the St.

Cloud IrZfs) City Council Monday. Hearings will be held on ordinances establishing charges By DAVE PETERS Times Staff Writer ST PAUL A family planning bill providing for distribution for contraceptives was weakened Friday in the Minnesota House of Representatives when an amendment was added requiring parents of children under 17 to be notified of birth control assistance to their children. The bill's author John D. Tomlinson, DFL-St. Paul, requested that the bill be laid over for future consideration after the amendment was added, saying it was "extremely damaging" to the bill.

It is uncertain whether the bill will resurface in the legislature this year. The bill would have provided $300,000 to family planning clinics in the state to provide counseling, information and family planning products including charts, thermometers, Sullivan, 25, has a master of public administration degree from Golden Gate University, San Francisco. The council then agreed that he would be authorized to work as a "municipal administrative trainee" for the city, on a temporary basis, without pay. Sullivan said today that he may not have made his offer of assistance clear to Raymond hen they discussed He said that creating a new position in city government is "not an overnight thing," and he proposes to discuss with the city council the advantages and disadvantages of having a city manager. Then, if the for users of the city water pollution control facilities, and use, of the public sewers.

A hearing will also be held concerning defective sidewalks. The council will meet at 7:30 p.m. in the city hall annex Members of the Minnesota Legislature's tax conference crowded chamber at the Capitol in St. Paul Friday. agreement on a tax bill in a council room.

Auto stolen A car owned by Eugene A. Hanson, 302 8th Ave. was stolen from that address during the night. St. Cloud Police said the vehicle was a 1964 blue Chevrolet two door with license KV 2743.

Schedule plagues final days of legisfure Conference committee reports recommending the approval of bills dealing with marijuana, unemployment compensation and higher education. Pay raises for state employes and possibily for state officials. The big state departments money bill, providing the money to keep state government operating for two more years. The $1.6 billion bill on school aid. Most differences on this bill has been worked out in conference committee.

Veterans observers claimed the session was no different than others. Most of the important legislation is always passed in the final few days. There was a general feeling that, barring a last-minute snag on taxes, the lawmakers would finish on time. Lobbyists and officials from various agencies and departments kept a close watch during the final days. Everyone seemed to have a "must" bill or proposal.

Most of the lobbyists were attending all sessions of the tax conference committee. Highway Department officials, experiencing one of their worst sessions ever, were stung by the defeat of the gasoline tax bill in the Senate. They were trying to round up the needed support for another attempt to pass the bill. Highway Department financing remained one of the unresoved problems. Others were: A decision on closing Hastings State Hospital and phasing out other institutions, a matter still being wrestled with in the conference committee on Health, Welfare and Corrections.

ST. PAUL, Minn. (UPI) The Minnesota Legislature has a lot of unfinished business to take of before the Monday deadline for adjournment. The uncertainity of the tax bill was the main hurdle but there still was much work to do on the major money bills and many parts of Gov. Wendell Anderson's legislative program were still stuck in various places in the legislative process.

The lawmakers were headed for another marathon session Saturday and there even was talk of meeting on Sunday. The legislature can pass bills to at least midnight Monday. The new definition of legislative day would actually allow the lawmakers to continue until 7 a.m. Tuesday but some feel there could be a legal challenge to bills passed after midnight. bill creates county health boards Another amendment requir- tribute contraceptives to wom-ing parental consent before lo- en under 17 was also defeated, cal health boards could dis- Voting in favor the final Sartell Council may St.

Cloud man injured A car driven by George Doyle 22, 1030 28th Ave. struck a house on 13th St. early today. The accident occurred at 2:07 a.m. at 2016 13th St.

N. St. Cloud Police said Doyle, who was driving the vehicle, lost control of it in a curve, and struck the house. Doyle was admitted to the St. Cloud Hospital following the accident.

His condition has not been listed. Dovle was alone in the vehicle, police said. Around the State Tractor catches fire A tractor belonging to Gene Lashinski, Upsala was seriously damaged by fire Thursday. The tractor struck a soft spot in the field and was stuck, while the owner returned home for another tractor to pull it out, it was believed to have ignited by a gas spill. The Upsala Fire Department was called to the scene Sartell polling places set SARTELL Two polling places have been designated for residents of the Sartell school district for Tuesday's school board election.

Residents of St. Stephen and Brockway and St. Wendel townships will vote at the St. Stephen Elementary School; residents of Sartell and LeSauk Township will vote at the Sartell Elementary School. Polls will be open from noon until 8 p.m.

Cold Spring woman injured A Cold Spring woman received minor injuries Friday when her car rolled over on Stearns County Road 2 near St. Joseph. Treated and released at the St. Cloud Hospital was Evelyn Schramel, 18, Rt. 1, Cold Spring.

Schramel was alone in the car at the time of the accident. House By DAVE PETERS Times Staff Writer ST. PAUL A special provision in a community health services bill passed by the Minnesota House of Representatives late Friday night allows the St. Cloud Board of Health to continue its operation and to apply for state funds to expand its services. The bill, which has yet to be approved by the Senate, would allow the creation of county boards of health as the sole authority over health services and force all others, including city boards out of existence.

The only exceptions to this provision are cities of more than 65,000 people in counties of more than 300,000, and St. Cloud. The bill appropriates a total of $3.8 million for the creation of the county health boards to maintain, with state guidelines, health services within the county. None of the three counties in which St. Cloud is located have health boards, but if they are set up they would not include St.

Cloud as long as the Finalist identified An area finalist in the" 197t Minnesota Poster Contest on the Health Hazards of Smoking, sponsored by the Minnesota Division of the American Cancer Society, was mis-identified in Tuesday's St. Cloud Daily Times. She is Michele Doyle, 9, a third grader at Pinewood Elementary School, Monticello. Her parents are Mr. and Mrs.

Brian Dovle. DFL-Rice; Stephen Wenzel, DFL-Little Falls; and Robert McEachern, DFL-St. MichaeL manager was able to increase the city's income by concentrating on getting state and federal grants. After the apparent violation of state law by discussing the city administrator topic at a special meeting, council members expressed regret. Raymond, who opened the diseussion, said, "It never even crossed my mind.

It was not intentional." Zakrajshek said such mistakes can be avoided by following an agenda more closely. "From now on," he said, "we're not going to discuss anything that's not on the agenda." cy (PCA) to issue $87 million in new bonds to establish a matching program between the state and local municipal-i i for sewer treatment plants. The bills, both of which have been passed by the House, failed in the Senate and are not likely to be reconsidered during this session. The DNR bill failed on a vote of 38 to 28 and the PCA bill failed on a vote of 32 to 311 Both bills, as do all bills with bonding provisions, need 41 votes (a 60 per cent majority) to pass in the Senate. bill were Reps.

James Peh- ler, DFL-St. Cloud; Al Patton, DFL-Sartell; Claudia Meier, desire city council thinks it advisable, Sullivan would consult with the League of Minnesota Municipalities and other authorities on what legal steps such as public hearings, a referendum, would be required. Asked whether he would like to have the job if it is created, Sullivan said "not at this time" because of his employment by the state. Sartell City Council members have occasionally discussed informally the advantages of having a city administrator or city manager. They have observed that Sartell's neighbor, Sauk Rapids, appeared to benefit when it hired an administrator because he management by the DNR.

$20 million would be provided for outstate acquisition and and $20 million would be allocated to the Twin City Metropolitan Council. Sen. Robert Dunn, GOP-Princeton, offered an amendment to the bill that would increase the state cigarette tax by three cents to fund outstate acquisitions. The additional tax was expected to raise $24 million for the biennium. The Dunn amendment failed.

The Senate also rejected a bill that would allow the Minnesota Pollution Control Agen city board exists. The bill would also allow the. St. Cloud city board to expand and include surrounding communities according to Robert W. Hiller, special assistant commissioner of the State Health Department.

It would allow more than one county to form a joint board of health. There are now state subsidies for local health boards. Hiller said the bill is "a way to equalize health services around the state." The state money would be available to local boards after plans for health services are drawn up listing the health needs of the community. Duane Beckstrom, St. Cloud Health Director, said Friday that the city will probably apply for the funds.

An amendment to the bill which would have prevented the local boards from using state funds for family planning services, including the distribution of contraceptives was defeated on the floor of the House. Rep. Claudia Meier, DFL-Rice, opposed the amendment saying the local board would be able to determine the needs for family planning services themselves. Rep. Joseph Niehaus, R-Sauk Centre, favored the amendment.

"It is specifically the family planning that has caused the problem. I've gotten more static on this than anything else," he said. "It's the planned parenthood crowd," he said. "They're not interested in the kids; they're interested in putting their program across. They insist on shoving it down peoples throats." Bv GWEN FLANDERS Times Staff Writer The Sartell City Council indicated Thursday that the city might be interested in creating a position of city manager to supervise daily operations and provide expertise in applying for state and federal funds and working with other government units.

In fact, at one point Thursday the council agreed to give somebody the job temporarily, part time and without Pay. Council members realized after the meeting, however, that they had inadvertently acted illegally, because the subject was not on the agenda for the special meeting. Under the state's "open meeting law," a special meeting must have its agenda announced in advance and may only take up those items. Mayor Anthony Zakrajshek and Councilman Emmons Raymond telephoned the Times today to say that they will rescind Raymond's motion at a regular council meeting, then reconsider the proposal. Raymond told the council Thursday that Michael Sullivan, a Sartell native who is currently a work experience coordinator for the Comprehensive Employment and Training Act (CETA), had offered to do some free work for the city in order to gain experience in municipal Bonding bills rejected by Senate Man injured at Cold Spring Vernon Schmitt, 18, Richmond, has been transferred to the University of Minnesota Hospitals for treatment of injuries received in a one-car accident near Cold Spring early today.

Schmitt was received by the St. Cloud Hospital at about 1:30 a.m. today, and transferred almost immediately to University Hospitals. The accident occurred one half mile south of Cold Spring on Stearns County Road 49. Stearns County Sheriff's officers said the vehicle left the roadway and rolled over.

By BILL MONN Times Staff Writer ST. PAUL-The Minnesota Senate rejected two bills Friday that would have provided for $127 million in new state bonding. The Senate rejected a bill that would allow the Department of Natural Resources (DNR) to issue $40 million in state bonds to create the Natural Resources Land Fund for the acquisition of state parks, trails and forests. The bill would also provide for wildlife, river and fishing Mailboxes vandalized at Avon Mailboxes belonging to Gerald Perry, Rt. 1, Avon, and two of his neighbors were vandalized Friday.

The Stearns County sheriff's office said one of the mail boxes was damaged by rifle bullets. The incidents are under investigation by the sheriff's office..