published: Friday, December 19, 2008
Fill dirt flap results in call to police
By TREY CHRISTY
trey.christy@newssun.com
SEBRING -- As the Clerk of Courts office starts to audit the Road and Bridge department, questions are still being asked about the alleged illegal dumping and usage of county services to the tune of $113,000.
When local resident Preston Colby asked the Department of Environmental Protection to investigate the matter, they did, but closed the case and didn't find any wrongdoing.
But when Colby asked to see the public files on the case Wednesday, DEP employees provided him with a virtually empty file, he said.
He called police dispatchers and had officers from the Sebring Police Department sent to the DEP office to investigate a public records violation.
Colby was outside with one of the two officers dispatched to the complaint, and found a handwritten note that was part of the file he had just looked over on the ground.
"I said this is part of the file I was just shown; (the officer) got real quizzical," Colby said. "(The officer) showed it to the engineer and he said, 'It never left my office.' I said, 'Apparently it did, it's outside on the ground.'"
Commander Steve Carr of the Sebring Police Department said once the report is done it will be sent over to the State Attorney's Office for review to see if there was a violation.
On Thursday, Colby received 40 pages from the DEP, but he is still not satisfied.
"There are scores of unanswered questions on the thoroughness, completeness and accuracy of what they did," he said. "There are no investigative reports in here."
Colby said he has an idea of what should have been done as part of the investigation, but he could find no evidence that it was done.
"There should be some kind of statement from (property owner Charles) Howerton (and) from the county (about) where they put things, why and under whose authority," he said.
Allegations of illegal dumping by the county Road and Bridge department were initially raised in October of 2007 in a report by Director of Compliance and Internal Audit Mary Wilson.
The allegations are currently under investigation by the Clerk of Courts office through the audit of the Road and Bridge department.
"We feel this issue should be presented to the county administrator and forwarded to the proper regulatory agencies for their review," the report outlining the allegations by Wilson said.
The report stopped in the hands of retiring Clerk of Courts L.E. "Luke" Brooker, who decided to let it sit in line and wait to be audited as part of the entire Road and Bridge Department audit.
When the report surfaced after a public records request by Colby in early November of this year, the clerk's office decided the Road and Bridge audit should take a higher priority.
"Road and Bridge was scheduled to be the third audit from now, but due to the fill dirt issue that ... bumped the Road and Bridge audit to a higher priority," said Bob Jamison, senior director of business services for the clerk's office.
The county has not looked into the incident, which allegedly involved six county trucks hauling an estimated 977 loads of fill material to fill in craters in a property owned by Howerton off of Farm Road in Sebring.
According to county records and officials, this was a county practice.
Property owners would fill out a form that gave "permission for entry and dumping."
The form states the signer authorizes the county "to enter and dump approximately (blank) cubic yards of material described generally as (blank) on my property."
In a sample form filled out by a resident and provided by Public Information Officer Gloria Rybinski in a pubic records request, the blanks were filled out with "unlimited" and "ditch dirt," respectively.
County Administrator Michael Wright said he found out about the practice shortly after he was hired by the county in June.
"A Road and Bridge employee brought it up at a group meeting," he said. "He asked me if we were going to continue the practice."
Wright said he stopped any future disposal of fill dirt, but has not looked into the allegations stemming from the material dumped at the Howerton property.
"I didn't think it was good public policy to dispose of fill on private property in a discretionary way," he said.
He directed all questions about dumping on the Howerton property to the clerk's office.
In an internal letter sent to Brooker via Jamison, Wilson states the disposal of the fill material "was performed without proper permitting or approval from regulatory agencies and violated Florida Statutes, administrative codes and county ordinances."
This all depends on what was in the material, called "construction and demolition debris" in the report, which names asphalt roofing material and concrete, among other substances.
"I'm told by the assistant administrator the reason they disposed of it was that it was contaminated -- with what?" Colby asked. "If it's contaminated they should have done further testing as to what it's contents were. (The dump site) is next to a body of water. That's a violation of the Clean Water Act. That's a federal offense."
It is illegal to use asphalt products as fill material because petroleum products are used in its manufacturing.
Earlier this month Rick Helms, assistant county administrator, discussed the fill material that was dumped.
"It had things like wire, broken concrete, shell, just a trace of asphalt," he said. "That could be something as simple as edges of roadway."
He said the loads were from various road projects over a two-year period from across the county.