Dirty Deeds

Former Commissioner challenges county giveaways, Current Commissioner says it's a tradition
DA will look into it

The previous county commissioner last Friday filed a formal complaint alleging the current commissioner is breaking the law by hauling dirt to private citizens at no charge, using county equipment.
In reporting the case to the Sheriff's Office, Bill Newton unearthed dirty deeds Robert Jones says have been unspoken county policy for at least 25 years, including the years Newton was commissioner.
Current Commissioner Jones said he doesn't believe there is anything wrong with the county hauling "about 100 loads" of excess dirt from the jail site to several private residences, some as far away as the Gilmer County line, but did suspend the dirt giveaways until the legalities are checked.
Former commissioner Newton, who was defeated by Jones in the 2004 election, said he believes Jones is guilty of theft by taking and giving away county property. And those who received the dirt are guilty of theft by receiving, Newton alleges.
District Attorney Joe Hendricks said Monday the sheriff's office called him about the complaint, but he is waiting for them to file a written report before he begins an investigation.
"We'll review it when we get documentation from the sheriff's office," said Hendricks.
After Jones heard about the allegations Friday afternoon, he drove two Progress reporters to the sites in question, where county dump trucks hauled earth taken from the jail site at the corner of Camp Road and Industrial Boulevard.
The dirt ended up nine miles away on Old Whitestone Road, at the residence of Joe Painter and The Bible Way House of Worship nearby. The dirt at Painter's house was still in piles, but at the church it had been roughly graded for parking, but not by county employees or with county equipment.
He said the dirt had to be "liquidated" in order to proceed with construction on a parking lot for the new jail.
"We were on a strict timeline for the parking lot, which is part of the contract for the new jail," said Jones, explaining the county was in a hurry to find somewhere to get the dirt out of the way. They would have had to take bids in order to sell the dirt, which they did not have time for.
The practice of giving away excess soil from county construction projects to private citizens on a "first come, first serve" basis has been a traditional unspoken policy in Pickens County dating back many administrations, said Jones.
Typically in the past, any time the county has embarked on a project requiring dirt removal, they would give away what they did not have room or time to store, according to Jones.
He noted he was aware of the policy before he was elected, and no previous commissioner has ever been charged for carrying out the practice.
But as of Friday morning, after first hearing of the complaint, Jones halted the unofficial policy and began storing the dirt at the county airport.
Because of the longstanding nature of the practice, Jones said he assumed it was above board until he heard there was a complaint. He said the program will be suspended until he receives a determination from either the district attorney or county attorney.
Jones said he discussed the matter with the county attorney, who according to the commissioner could not find anything illegal with the dirt giveaway.
"We can't find a statute we're violating if it's illegal," said Jones. He said he did not know of a state law forbidding county vehicles being used on private property.
He noted the county does not use its equipment to spread or otherwise move the dirt once it is delivered.
Jones said hauling it is fine, but spreading or grading would be wrong.
While there is still no written policy, Jones said there have always been conditions limiting who gets the excess dirt.
The requested delivery site for the dirt must be where the county's dump trucks can easily get in and out; it may only be delivered inside Pickens County; it may not be given to anyone who will sell it or use it for any commercial purpose including building spec homes; and the dirt cannot be dumped where it may cause erosion problems or environmental concerns.
"The EPD says you can disturb less than one acre without a permit," said Jones.
There is no sign-up process for the free dirt. It is given away only when it becomes available, according to Jones.
Jones said all citizens are eligible for the free dirt program if they satisfy those conditions. But it is "first come, first serve," and he acknowledged that usually the employees or their friends are the first to know when a load is available.
He added that, in general, giving away the dirt benefits the taxpayers. If the county did not have its own storage site, the dirt would have to be hauled to the Cherokee County landfill, where tipping fees would have to be paid.
Jones said the dirt would have to be hauled to a regular landfill. When asked about using inert landfills or other dumping spots which are closer, Jones said he isn't aware of any.
Jones called the allegation "frivolous" because so far there is only one person complaining.
"I really don't see what's wrong with it as long as we're not breaking any laws," said Jones, adding he was surprised to hear it was Newton making the complaint because he practiced the same policy when he was in office.
But Newton said, "That's a lie," and he never allowed employees to take county equipment onto private property.
"What [Jones] gave away belongs to the citizens of Pickens County," said Newton Tuesday morning.
Newton said fill dirt under normal circumstances costs money. Most citizens have to pay for dirt if they need it, he said. Jones, on the other hand, hauled loads of dirt to private property "all day long with six county dump trucks."
A report in last week's Progress where Jones said the concrete and marble from the old jail were crushed into "fine gravel" before being delivered to private property, also raised Newton's suspicions.
He said the county does not own a mechanical rock crusher, which he suggested would be the only way to break up the material fine enough for use as filler.
The Progress asked Jones Friday about other possible soil storage sites that are county-owned. He said those are not suitable for the high volume of dirt that has to be removed from the old jail.
Large amounts of fill dirt are needed at the airport for future construction.
However, Jones said he would need a permit to place the dirt there, and the specific area still has trees and other vegetation which must be moved first.
Another site at the airport where the dirt could be dumped is covered with brush and storm debris dumped by Newton when he was commissioner, Jones said. This site was being used Friday as a "temporary site."
The county work camp, where piles of gravel are visible from Camp Road and Industrial Boulevard, lacks room to store all the dirt that has to be moved from the old jail, said Jones. He said during Newton's administration there were erosion problems found at the work camp by the EPD and he didn't want to risk further problems with a nearby stream.