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published: Friday, December 19, 2008

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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.




Fill Dirt / Junk  (by: Preston H. Colby  -   12/30/2008)

Dear Ray: As I said before, if you know what the composition of the dumped fill dirt is, then I know some state investigators who want to talk with you. Of course, they will want to know HOW you know what it consisted of and what qualifications you have to determine the contents of the materials. It appears that the Howerton C&D land fill was closed in 1996 and ineligible to receive anything except topsoil. All environmental crimes are felonies and 977 truck loads of fill dirt certainly exceed the 1500 lbs limit for "commercial dumping". Why not come forward and offer all your "facts"? If you know what happened and don't come forward you might just be an accessory after the fact... Thank you for your concern about my employment, but right now my dance card is booked solid. Regards... PHC

Prston Colby  (by: I'll tell you if I run in to you.  -   12/25/2008)

Maybe if you had a job you would'nt have to find things to worry about. All you are is a loud mouthed blow-hard. I have seen the "Fill" personally, and I can assure everyone that it is very much in fact "Junk". Grow up, at least its not in in our county landfill taking up space. Hey, next time if you want the debris, ask for it and they can dump it in your living room. MORON.

Germain campaign issue  (by: Preston H. Colby  -   12/24/2008)

Dear ???? I've been debating if I should add a few comments and think it best if I do. From the information I've received this week, I don't think the Jamison allegations to FDLE are over. No charges were filed so no "jeopardy" has attached. If new evidence comes forward then charges can be filed out to the statute of limitations. My colleague and I were in Miami Monday. We had a meeting where a number of things came out and from what I know, and speculate, there is far more known about events at the Highlands County Courthouse and Government Center than I would have ever known. Questions asked and questions not asked will often disclose what the questioner knows or is confirming. Certain people know about things happening in the Clerk's office going back years. You know that the Fed's ran an intercept warrant in Levy County (6 years), Dixie County (4 years) and St. Johns County (3 years) before bringing charges. I'm told the FBI has moved Official Corruption from down the list of priorities up to their #2 priority (behind anti-terrorism). Just informed speculation, based upon experience, but it would not surprise me if many of the offices in the Courthouse and Government Center had intercept devices placed years ago, back when the initial abuse of office allegations were published in the news media. I think that the Jamison allegations will re-surface in the form of Federal corruption complaints/indictments. Anybody who testfied falsely to FDLE is likely to be confronted with their own words on CD to compare to what they testified to in deposition to FDLE. Any alleged "promises/rewards" testified to by Bob Jamison are likely off the table, since that would be virtually solid proof that the promise's were made. I like and voted for Bob Germaine but this really doesn't look good, if the Fed's make various cases against the people who Jamison named, if they testified falsely. We could be looking at Clerk of Court employee charges years down the road. It's going to be tense times in the new COC administration. Regards... PHC

Who Seriously Is  (by: Preston H. Colby  -   12/23/2008)

BillB: I just figured out who and why "Seriously" posted that comment. Who is Ray Napper and why I'll tell you when I see you.

Fill dirt / Junk  (by: Preston H. Colby  -   12/23/2008)

Dear Seriously: You apparently don't "get" that what happened was unlawful. Seriously unlawful. Violation of County, State and Federal laws. There are serious consequences when you give away public property and make the public pay to give it to your buddy's. There has to a some example made of this so clear unlawful act or next we will see the County Administrator giving away Zoning, favorites getting county services fee, other county property being given away - oops, that's happening NOW. This might stop it. Nothing like a good example. You can't pollute public waters and get away with it. How do you know what the composition of the material? I know for State and Federal people that would like to talk with you. State and Federal violations... Merry Xmas... PHC

junk  (by: Seriously.........  -   12/23/2008)

People, why is this getting hashed over and over again when it was literally junk. The county dumped 977 loads of junk. It was busted up concrete and other JUNK. The average citizen would NOT have wanted this in their own back yard. Howerdton took these loads instead of these loads being taken to the land fill! Bottom Line!

To ???  (by: Bill B  -   12/21/2008)

Perhaps your argument would hold more substance if you provided some type of fact instead of pure opinion. Oh, and used a name.

FDLE/Jamison/Clerk Election  (by: Preston H. Colby  -   12/21/2008)

Dear ???? : I don't know what happened that prompted Mr. Jamison to report what he knew concerning the Clerk's Election. I do know that had he NOT reported what he knew he would be committing a felony (under a 2003 statute requiring public officials and officers to report suspected criminal conduct). I also know that had he tried to "consult" with others that might be involved, he would be subject to "conspiracy" or "witness tampering" charges. I know "...that's not the way we have always done it...". But the legislature changed and tightened up the law back in 2003. Far too many cases of what you describe in your post, as what you think Mr. Jamison should have done. SHAME ON YOU !!! Regards... PHC

Running out of Steam  (by: ?????  -   12/21/2008)

Hmmmm....is this the same Jamison that RAN to the FDLE via the State Attorney's office with complaints that merited nothing? Is this the Jamison that named Clerk employees without once soliciting the input of these employees? Is this the Jamison that spoke for these same employees without ever actually speaking to these employees? Making allegations on behalf of others merits an actual discussion with these same people...am I not right? Seems to me that there IS more to this story than meets the eye....unfortunately, I don't happen to believe the SOURCE of the information.

Keep Up the Good Work  (by: Bill B  -   12/21/2008)

Preston- I am one of what I feel are the many in the community that do appreciate what you have done and are continuing to do for the TAXPAYERS in Highlands County. The thing that I really feel is forgotten by some of those in office is that they really do answer to us, the citizens. Your efforts are appreciated, sir.

Running to the Press  (by: Preston H. Colby  -   12/21/2008)

Kevin: Don't you see that the use of the term "... running to the press..." is a means of trying to stigmatize Bob Jamison and anybody else that isn't part of the "in crowd". It's a highschool way of depicting them as "tattle-tale's" and an attempt to discredit or minimize what they do have to say. Kevin, Kevin, you aren't supposed to ask these type of questions, you have to "go along to get along" (you know, your supposed to buy into group think) and if it mistates facts, oh well, "... that's the way we have always done it...", right Guy? Regards... PHC

"Something To Gain"  (by: Preston H. Colby  -   12/21/2008)

Dear In With The Truth: I noted on re-reading your comment that I failed to address one of your relevant suggestions. YES, I have something to gain by disclosing this, and other, what I see as official misconduct. I and everybody else gains a level playing field, where the merit of an idea, task, project, etc. is the main element in the decision to implement it or not. I want to extinguish the "Code of Buddyhood" that now controls what and who gets the benefit of public projects. Everybody, qualified, should have equal opportunity to limited government resources. No more spinning facts to benefit friends and supporters. Life in Highlands County will then be better for those who have merit and ability and those from the contaminated gene pool will end up following Darwin's Law. Regards... PHC

All Comments Posted  (by: Preston H. Colby  -   12/21/2008)

Dear "In With The Truth": I agree with you 100%, post all comments. That includes those that some may find insulting, rude and off-point. Only by letting everybody "vent" will we get to sift the fact from the fiction. As far as there "... being other sides to this story..." I agree with you again 100%, same reasons as above. I researched the known facts, and I've found some errors, but 99.8% of what's in the Internal Audit Report has checked out with supporting data. If you know other FACTS, that have not been reported, PLEASE feel free to add them to this commentary. If all you have are "opinions" or "beliefs" please don't waste anybody's time reducing them to any written form. If you need clarification of any of this comment, feel free to call me, I'm in the telephone book. This issue is NOT going to just fade away. I'm getting new leads every week and, while it's slow, I'm checking them out and finding more and more "...but that's the way we've always done it..." answers for illegal public offerer conduct. I see from the "Grapevine" comment below that I have to be more careful when I talk in a public place, where I think nobody is listening or paying attention. Another lesson learned, thank you "Grapevine". Regards... PHC

definitions, please  (by: Shutt  -   12/21/2008)

I'm curious as to one's definition of "running to the press." In my experience, Jamison never ran to the press. However, he always answered my questions, provided whatever documents he was legally obligated to provide and never speculated on something he didn't have direct knowledge of. I spoke to him on several occasions in his office or during breaks during BCC meetings. He never tried to hide the fact that he was talking with me. Now, there are some people who do "run to the press." In my experience, they have come from almost all departments of county government from people who have direct knowledge but can't risk exposure for sake of their livelihood. In my time here, we have seen some quit, retire or change agencies to get away from the dishonesty they work around. We'll see more in the months to come. We all know and, to a certain extent, expect some people to be dishonest sometimes. But, what causes outrage and calls for accountability are the apparent coverups that follow in an attempt to avoid embarrassment. Look at AP for example: You have the Mayor's property being cut by the prison despite the objections of her own staff. You have a reluctance to provide public records in an apparent attempt to allow city council the information first. We have had several important deep, internal audits at county that have resulted from minute, surface audits that revealed cause for greater concern.

More censorship or program bug?  (by: Preston H. Colby  -   12/20/2008)

Editor and/or Publisher: Where are the comments going? They are disappearing from this site. PHC

Agreed  (by: Concerned Citizen  -   12/20/2008)

This is far from a "dead horse", I believe it is simply the beginning. All you have to do is look at how things appear to be developing as of late. Dan Andrews arrested and charged with embezzlement, theft, and fraud. And now, the fill dirt issue possibly leading to federal involvement, if the "rumor" that is posted here is true. Preston Colby may be a thorn among roses at times, but even thorns have a purpose. Kudos to Preston Colby

Another Side  (by: In with the Truth  -   12/20/2008)

Newsun: Tell me this.....why are comments subject to your approval? Are your readers not subject to the same "freedom of the press" as you? Just curious. I know of some who have posted their thoughts only to have them not posted. Seems to me that there are other sides to this story than Colby, Jamison's and Wilson's. Seems to me that they have something to gain by again, running to the press with allegations. I'd like to hear from everyone....not just the few you select.

Much ado about nothing  (by: Let it go.....there's nothing there  -   12/20/2008)

Here we go again. Colby chasing after allegations made by both (departing (thank goodness) Business Svs. Director) B. Jamison and "would be" (in her pipe dreams) Clerk Mary Wilson. They are hardly "auditors" but people with a penchant for pointing a finger at a County that is "oh sooo tired" of their b.s. My suggestion is this: B. Jamison - resubmit your resume to the City of Dundee (if you can) and Ms. Wilson - join some law enforcement agency...maybe you'll do some good in one of them. As to Mr. Colby.....really....go get your air checked....I imagine it's all hot anyway. Many have seen the comings and goings of yours in the Government Center with one Mr. Jamison. I imagine Mr. Jamison is suffering his sour grapes through you Mr. Colby. It must be devasting for an ego so large to not be begged to stay in their current position. My question is this - How much information is B. Jamison providing to Colby about a so called "on going" investigation? Is Mr. Colby paying for these public records? Seems to me that where ever there is Jamison and Wilson smoke, there is no fire.

Good Work Colby  (by: Fed up with gov't thieves  -   12/20/2008)

It always happens. If i steal a candy bar I go to jail, but if a government steals 977 truck loads, some jerk says it's a dead horse. Don't move on, get to the bottom of this and get those thieves out in the open. Any anyone who does not know the difference between a private citizen's records and the government in sunshine are too stupid to even own a computer. Give it back Tired.

Giving away county property  (by: Keep digging Colby  -   12/20/2008)

Can anybody explain to me how this is a "dead horse" when nobody knows who or why the Howerton's ended up with 977 truck loads of county property. The only person in county government that could authorize the use of the county trucks, county personnel, county equipment. county fuel and give away county property all without Board approval is the county administrator or should I say former county administrator. Has the present county administrator done ANYTHING to find out what happened and why? Not according to this news article. Ask yourself, does that make sense or is there a cover-up at work? I vote for cover-up and hope Colby gets to the bottom of it. We need accountability in county government. Has any County Commissioner asked the county administrator what's going on? Nope, they certainly don't want to know, if they did find out they would have to do something about it. We all know where this is going, or rather who's going to prison. News-Sun, PLEASE keep this story on the front burner.

Colby's Job  (by: Heard it on the Grapevine  -   12/20/2008)

Last night (Friday) at Caddy Shack I overheard Colby tell one of our local attorney's that he has to testify in Federal Court Monday on behalf of the USA, that he and his colleauge have been working some federal case for two weeks on the west coast of Florida. I saw the Notice of Hearing he had been e-mailed and sure enough it's set for Monday morning. He was also telling the attorney about the recent go around with DEP and that after the hearing Monday he has an appointment with the FBI on the fill dirt case. He said they told him to bring all his files and were very "interested". Maybe there is an end in sight for this matter, that doesn't allow the "good old boy's" to influence the outcome. We sure need somebody with a big broom to come in, cleaning up the dirt (pun intended).

Reply to Tired  (by: Concerned Citizen  -   12/19/2008)

Do you have any PROOF that his records are sealed? Or are you just bloviating?

Preston Colby is an idiot  (by: Tired of the ignorance.  -   12/19/2008)

After this is over, and it will be soon, let's ask Mr. Colby why HIS records are sealed. Seems like someone who has something to hide would'nt run his gator all the time about nothing, or maybe he just needs a job(yeah working man).

You must be in on it.  (by: Tim Johnson  -   12/19/2008)

Thank God for Preston Colby. He is "the working man's watchdog".

You must be in on it.  (by: JD  -   12/19/2008)

How is it a dead horse when nothing has been done about it. Sounds to me another case of the good ole boys covering each others a##.

You must be in on it.  (by: JD  -   12/19/2008)

How is it a dead horse when nothing was done about it. I pay taxes, I want to know why the good ole boys keep getting away with dirty work.

still???  (by: heard it all before  -   12/19/2008)

yawn. dead horse. nothing there, move on.


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