Encinal residents question fiscal, quality of life wisdom of La Salle
County plans to construct correctional facility

By María Eugenia Guerra

ENCINAL - About 30 Encinal residents gathered October 9 at Encinal City Hall to raise questions over the proposed La Salle County Regional Correction Facility that the La Salle County Commissioners Court has elected to construct in Encinal near the intersection of Hwy. 44 and IH-35.
The meeting was organized by Donna Lednicky, a resident of Encinal, and was attended by area property owners, ranchers, and other taxpayers who have taken issue with the lack of information available to the public about the proposed 500-bed facility that will house U.S. Marshals Service inmates. La Salle County Judge Jimmy Patterson declined Lednicky's invitation to the meeting.
"Though county government has broken ground for the facility and though we have asked in writing for documents that clarify the cost of the property and the terms of the purchase, agreements that reflect the cost of construction and operation, environmental impact documents, studies that show what the economic impact to the community will be, we have not seen any of those documents," Lednicky said. "There seems to be a lack of information and a lack of concern whether or not we get that information or are included in the planning of the facility. There was very little public input from Encinal into the decision to move forward with the facility," she added.
LareDOS made an extensive open records request to the La Salle County Judge's office for public documents relative to the planning, development, and costs of the proposed facility, but has received neither acknowledgement of the request nor any parts of the request.
According to the scant public information that is available, the correction facility will be built by the non-profit La Salle County Public Facilities Detention Corporation (LSCPFDC) whose board members at the time it was established in November 2000 were La Salle County Judge Jimmy Patterson and commissioners Raymond A. Landrum, Jr., Roberto F. Aldaco, Arcemo A. García, and Carlos B. Gonzalez. The LSCPFDC, according to the agenda of a June 10, 2002 meeting, entertained the authorization of issuance of La Salle County, Texas Certificates of Obligation to finance the correctional facility and reviewed the proposal of the Emerald Corrections Company of Shreveport, LA.
"This is what we do know," Lednicky said. "F. Cuny and Associates are the architects and engineers of the project, Akin Gump Strauss Hauer & Feld, LLC is the bond counsel, Municipal Capital Underwriters of Dallas are the underwriters, Emerald Corrections of Shreveport is the proposed builder and operator, and former Webb County commissioner Rick Reyes of La Salle County Consulting is the consultant of record to the county," she added.
Lednicky continued, "We also know that the county claims that the cost of the entire facility will be between $20 and $25 million, with the $3 million US Marshall's grant going to the 500-bed Phase I of the project."
Among those present at the informal meeting October at City Hall was rancher Duane Lewis, who expressed concern that the facility would have a negative impact on the community of Encinal.
La Salle County Treasurer Joel Rodriguez, who will become County Judge at the first of the year, asked a battery of questions, including, "Who will put up money for the construction? How much is the earnest money contract for the property? Who is the bidder? What was the purchase price of the land? How much will be borrowed through bonds?"
Beca Martinez, owner of the hundred-acre site of the proposed facility who could have answered questions about the selling price of the property, but did not, said that she was trying to help the community of Encinal.
Rancher Greg Springer characterized his attempts to get information from LaSalle County officials as "stonewalling." He said he had made requests for plans, documents, permits, and the status of the proposal for the facility. "I believe there are procedural concerns regarding the planning of the facility to come to the southernmost part of La Salle County. As a rancher, I have concerns that a brightly lit 2,000 bed prison facility will affect the hunters and wildlife I depend on for hunting revenues. The facility will surely affect the ambiance and the quality of rural life of Encinal," Springer said.
One of the most weighted questions posed was whether incoming La Salle County Judge Joel Rodriguez could put a stop to the project. The only La Salle County Commissioner in attendance, Andy Landrum, quickly answered, "No," and Adrian Lopez, the county's economic development director, said, "Not if the contract is already signed."
Sean Chadwell, a resident of Encinal asked if Encinal could have representation on the non-profit La Salle County Public Facilities Detention Corporation.
With the exception of the two commissioners, others in attendance were not in favor of the correctional facility in Encinal and expressed fiscal, safety, and quality of life concerns.
Consultant Rick Reyes could not be reached for comment and as of press time, LareDOS had not heard from the office of County Judge Jimmy Patterson.
Lednicky appeared before the La Salle County Commissioners Court at an October 15 meeting and read to the Court a letter that included all the questions posed at the October 9 meeting. The letter and questions were entered into the public record. The text of that letter follows:

"Dear La Salle County
Commissioners and Judge,
On behalf of residents who live in and near Encinal, Texas, I submit the following questions regarding the proposed La Salle County Regional Detention Center. As you may already know, there has been a tremendous amount of speculation about this facility, specifically regarding its benefits and its consequences. The Encinal community is affected by your decisions and the community is concerned about the plans for a large correctional facility in southern La Salle County. As a citizen of La Salle County, I implore you to respond to the people whose rural lives you propose to change.
Specifically, I call upon your responsibility as elected officials to acknowledge and take into account the concerns of all La Salle County residents. I ask that you carefully consider your plans for a 500 - 2,000-bed correctional facility to be built outside of Encinal. If this project is completed, it will more than triple the current population of the southern part of the county. I call upon you to recognize that this plan will fundamentally change the way of life for over 600 people who now live in a neglected, poor, underserved, rural community. As an elected, decision-making body, you are obliged to allay fears that may be grounded in a lack of information and openly to discuss your plans for the county.
I gathered the attached questions and concerns by means of informal conversations with Encinal community members and at a meeting held in Encinal on the evening of October 9, 2002. I have divided the questions into 6 main areas of concern. In addition to the prevalent concern about the lack of information readily provided to the Encinal community, a recurring theme of these questions is concern about adequate representation -- and, importantly, opportunity for input -- at the County level.
I offer these concerns to you in an effort to increase the dialogue between the people and their government. I purposely bring these concerns, on behalf of ordinary citizens, to be included in the public record regarding the La Salle County Regional Correctional Facility. I would like to thank you in advance for your cooperation in responding to the concerns of the citizens of La Salle County."

Sincerely,
Donna Lednicky

Questions Presented to the
La Salle County
Commissioners Court
Regarding the La Salle County
Regional Correctional Facility
The following questions and concerns were gathered by Donna Lednicky through informal conversations with Encinal community members and a meeting held in Encinal on the evening of October 9, 2002.
While many of these questions were addressed by either Adrian Lopez or Andy Landrum during the meeting on October 9th, concerned citizens specifically request that the answers to the italicized questions be made in writing. You may send your response to:

Citizens Concerned about
the La Salle County
Regional Correctional Facility
c/o City of Encinal
P.O. Box 120
Encinal, TX 78019

General Questions
La Salle County already has a correctional facility, why would we want to build another one?
How does this contract differ from the failed prison contract of previous years in Cotulla?

Questions regarding
Public Participation
Why haven't the City of Encinal and southern La Salle county residents been more included in the planning for this facility?
How can the City of Encinal and southern La Salle county residents be more included in the development of this project?
In the future, can/will the county post meeting agendas in Encinal?
In the future, can/will the county solicit input from the residents of the Encinal community when making plans for the area?

Questions regarding
the non-profit organization,
the La Salle County
Public Detention Facility Corporation
Why was the non-profit organization formed?
Who initially proposed the formation of a non-profit organization in relation to this project?
When the new commissioners and new county judge come to office in January, will they be put on the non-profit board?
Can the non-profit include additional board members who represent the Encinal community?
Shouldn't the non-profit board consist solely of members who represent the interests of Encinal?
Can we get a copy of the by-laws for the non-profit organization?
Does the corporation meet apart from the commissioner's court?

Questions regarding
the process of securing funds
and building the facility
Who will put up money for construction?
For how much is the earnest money contract?
Who is the bidder?
What was the purchase price of the land?
How much will be borrowed through bonds?
Who is issuing the bonds?
How can we be assured that the county will not be held liable?
Why isn't the lease agreement for the facility filed at the county?
How can a non-profit with no assets issue bonds?
Who will actually own the land on which the facility is built?
What kind of bond certificates will be issued?
What are Certificates of Participation and how are these different from
Certificates of Obligation?
If this doesn't work, who is going to pick up the cost?
How will the $3 million cap grant be used?
Who is taking the financial risk?

Questions about the facility
and its operations
Why was Emerald awarded the contract?
How financially solid is Emerald?
What is the turnover rate for employees at other Emerald Correctional Facilities?
How will it be possible to build a 2,000 bed facility and maintain a rural ambiance for Encinal?
How can we ensure that the lights will not glare into the sky?
Will the operation of the facility provide any income to the City of Encinal?
Why does the facility need to be right next to the city?
Why did the current landowner oppose having the proposed facility site be annexed by the city?
Where exactly is the proposed site?
Can we see a block diagram of the proposed site?
Who is going to own the facility?
What is the relationship between the county and the non-profit organization?
What is the relationship among the private prison operators, the county, and the non-profit organization?
Can we see the plans (both proposed and finalized) for financing, engineering and architecture of the facility?
Where are US Marshals currently housing prisoners?
What types/classes of prisoners will be housed in the facility?
What is the meaning/significance of "detention"?
Will this be a detention center or a prison?
Can the types/classes of prisoners change?
Who else (besides US Marshals) will have access to the facility?
How many escapes has the Emerald Corrections Company had?
How long has the Emerald Corrections Company been operational?
What size and type of facilities does Emerald operate?
How will the county guarantee the safety of the Encinal community?
How will the facility affect the water supply and its quality?
Will the facility recycle gray water?

Questions about economic
development benefits
How will this facility provide economic benefit to the people of southern La Salle county?
How can the county insure that no negative economic consequences (loss of property value, loss of hunting income) will occur for Encinal community residents?
Who in Encinal is qualified to work at a prison?
What type of jobs will be available?
What are the qualifications for these jobs?
How many of each type of job will be available at the prison?
Where is training available for these jobs?
How much does training cost?
How much will these jobs pay?
How does this pay compare to state or federal wages for similar prison positions?
Has the county evaluated the impact upon economic development in other communities with similar facilities (i.e. Dilley)?