Dear Mr. Eckles,
I am writing on behalf of my client, Dwayne Conley. As you know, I recently spoke on Mr. Conley’s behalf at a Dodge County Board of Commissioners meeting about some concerns he had with the boat landing project.
Although the meeting was not reported in the next paper, I compliment you on reporting the issue last week.
Concerns with the boat landing project
In rural areas such as ours, the legal organ and sole newspaper of the county plays an invaluable role in reporting the activities of our county officials to local citizens.
I noticed in your story that you used a portion of the letter in which Mr. Harrington as county attorney answered the questions I posed at the first meeting. However, you did not print the entire letter. I believe to fully report the issues to the citizens of the county it is necessary to publish the entire letter along with the exhibit summarizing the amounts expended on the project thus far. On behalf of my client, I am requesting that the entire letter along with the exhibit be published. I have attached both to this letter. My client has considered using media outlets outside of the county to publish this information. However, I urged him to let me first make this request.
Thank you for your time and consideration in this matter. Should you have any questions, please do not hesitate to call.
With kindest regards,
Lee Cannon,
Smith & Cannon, P.C.
Members of the Dodge County Board of Commissioners
Kelly Bowen, County Manager
Linda Lowery, Clerk
As per your direction I have been told to investigate the facts and situations leading up to current disputes about the proposed county landing and certain specific questions asked by the public. And the following in the matter in order to comply with said direction.
History
After the floods of 1994 a small channel developed connecting two portions of the Ocmulgee River together which left a loop or oxbow which each year received less and less water to the loop of the river which contains the Dodge County Landing. As the years went on the channel got larger and wider and the amount of water flowing in the larger loop got smaller and smaller and eventually this began to affect the ability of people to use the Dodge County Landing to get their boats in and out of the river during low water times. The Dodge County Sportsman’s Club headed primarily by Curtis Peacock began approaching public figures such as Van Street and the Dodge County government in an effort to resolve this problem. After the death of Curtis Peacock, Durwood Graham stepped in as an individual citizen who attempted to get some solution to this problem.
Apparently an opportunity presented itself when the Heart of Georgia Regional Airport Authority was required to purchase some lands in mitigation of wetlands that they had disturbed in extending the runway for the Heart of Georgia Regional Airport. As a result of this, the Airport Authority had to buy some wetlands from Southern U.S. Timber Properties (Albert Glass) and as a condition of sale for the mitigated wetlands, Southern U.S. Timber Properties required them to buy and additional 25 acres of land adjoining the river. Graham became aware of this transaction and approached the Airport Authority directly with the idea of conveying a portion of the additional lands not involved in the wetland mediation to Dodge County for the purposes of a boat ramp.
I have consulted with the attorney for the Heart of Georgia Regional Airport Authority, C. Michael Johnson Esquire, and he confirms that the Heart of Georgia Regional Airport Authority approved said request provided nothing that it did would violate the mitigated wetland site.
In the January 21, 2008 minutes, the Dodge County Board of Commissioners has a notation in the minutes where it was discussed that Jessie Bearden of Carter and Sloop had expressed an interest in helping out on the boat ramp at a nominal fee but in minutes from February 4, 2008, Bearden determined that he did not have the time and recommended that the county proceed with a bid from Statewide Engineering of $3,500.00. The board of commissioners voted unanimously to accept said bid.
There appear to be no further notations in the minutes of the Dodge County Board of Commissioners until such time as a mention was made in May of the boat ramp project and whether it was complete. At that time, copies of all materials were to be provided to the county attorney for him to review to determine if we had all the permits that we needed. In the August 16, 2010 meeting of the Dodge County Board of Commissioners, the county commissioners voted to go forward with the project in spite of the request by Walthall to withhold construction and thereafter a suit was filed.
At varies times since he took on his civilian interest in this, Graham was apparently contacting directly Redwing Environmental, Statewide Engineering, the Army Corp of Engineers, and Carter Engineering in order to move the project forward. Graham says that he reported from time to time to Dan McCranie as Chairman to the board of commissioners but that he did not attend and directly inform the entire sitting board of commissioners of what progress may or may not have been made.
From various correspondence in the files provided to me by Durwood Graham, it would appear that Graham has been the point man in getting information to and from Redwing Environmental, Statewide Engineering and Carter Engineering and has been the primary contact since at least 2007. This apparently began when Graham was working for the Dodge County Sportsman’s group and continued to the point that he eventually was directing Danny Williams to begin work on the county site.
It’s certainly a common practice for small towns and counties, which do not have a lot of money to accept the assistance of volunteers wherever possible. However, Graham should never have been given any ultimate control over any aspect of this project and the proper method would have been to have him report back to the county commissioners or the county manager and have them make the ultimate decision and direct the application of county efforts. While it is unquestioned that Graham saved the county money by taking on many of these projects, it is always inappropriate for any governmental entity to convey governmental authority to private individuals.
Costs to the county
I’ve also been asked to investigate what actual costs have been paid out of pocket by the county and I would show that the following have been paid by the county by date, amount, and who paid to. See exhibit A at end.
Clearly under the state law, anything over $3,000.00 should’ve had competitive bidding before any contract was awarded. The two payments to Red Wing Environmental may not have had to have competitive bidding because the two of them together were less than $3,000.00. Fees to the Department of Natural Resources-EPD would not have had to have competitive bidding because they are set by governmental ordinance and there would be no competitive bidding in that. Fees to Carter Engineering should’ve been let for competitive bidding as well as that of J & B Landscaping and Danny Williams. I have inquired individually and determined that the bill that Carter Engineering was incurred by Dodge County as the request and under the direction of Durwood Graham. J & B Landscaping was contacted by Kelly Bowen, county manager, and asked to prepare for the erosion control. Danny Williams Contracting did not return my call but apparently was requested to do the work by Durwood Graham. With the exception of the 8-25-2010 payment to Danny Williams, all the bills were submitted to the county manager either directly or by Durwood Graham and pain in that way. On the Danny Williams bill, the bill on 8-25-2010 was apparently brought into the office and left at the desk of Vickie who writes the checks for the county commission. Vickie then asked the county manager if she knew what it was about, she did not. Apparently, McCranie explained that it was to be paid because of the county boat landing project and it was paid.
I’ve been specifically asked to investigate whether Graham made any money from any of the people contracting the jobs and I have found no evidence that Graham is receiving any kickbacks or quid pro quo from any of the service providers.
Improper acts
After examining this project, it would appear that although we do have permits from the Army Corp. of Engineers and environmental releases that the bidding process and control of this project should’ve been presented on a regular basis to the board of commissioners so the board of commissioners could’ve made a clear and appropriate decision on how to spend funds in this regard. This would’ve prevented private contractors getting a ‘no bid’ contract and would’ve assured public participation in every aspect of this project. As a curative measure, all contractors doing business with dodge County should be put on written notice that they will not be paid unless any bill goes through the office of the county manager and is approved in writing by the county manager prior to being paid. Likewise, the county manager should have control of all files and plans and they should be on record in her office so that they can be open for inspection by any group or individual that might be affected by public works projects.
While it is clear that this county landing project took on a mind of it’s own, I believe with these corrective measures that Dodge County can go forward in full compliance and not allow such mistakes.
Sincerely,
John P. Harrington
Exhibit A
Red Wing Environmental on 6-6-2008 was paid $652.00 for site visit, wetland delineation and coordination with Statewide Engineering.
DNR-EPD on 6-13-2008 was paid $240.00 for land disturbance fees.
Statewide Engineering on 6-25-2008 was paid $3,500.00 forerosion and sediment control plan.
Mike Kondracki on 4-24-2009 was paid $5,700.00 for pipe and hauling.
Red Wing Environmental on 8-21-2009 was paid $1,560.00 for preparation of Corps PCN and state buffer variance.
Carter Engineering on 8-15-2009 was paid $4,859.96 for permitting documents for boat ramp.
J & B Landscaping on 7-21-2010 was paid $10,000.00 for erosion control.
J & B Landscaping on 8-25-210 was paid $5,000.00 for erosion control.
Danny Williams on 8-25-2010 was paid $4,150.00 for dirt work.
Danny Williams on 9-2-2010 was paid $1,720.00 for dirt work.
I noticed in your story that you used a portion of the letter in which Mr. Harrington as county attorney answered the questions I posed at the first meeting. However, you did not print the entire letter. I believe to fully report the issues to the citizens of the county it is necessary to publish the entire letter along with the exhibit summarizing the amounts expended on the project thus far. On behalf of my client, I am requesting that the entire letter along with the exhibit be published. I have attached both to this letter. My client has considered using media outlets outside of the county to publish this information. However, I urged him to let me first make this request.
Thank you for your time and consideration in this matter. Should you have any questions, please do not hesitate to call.
With kindest regards,
Lee Cannon,
Smith & Cannon, P.C.
Members of the Dodge County Board of Commissioners
Kelly Bowen, County Manager
Linda Lowery, Clerk
As per your direction I have been told to investigate the facts and situations leading up to current disputes about the proposed county landing and certain specific questions asked by the public. And the following in the matter in order to comply with said direction.
History
After the floods of 1994 a small channel developed connecting two portions of the Ocmulgee River together which left a loop or oxbow which each year received less and less water to the loop of the river which contains the Dodge County Landing. As the years went on the channel got larger and wider and the amount of water flowing in the larger loop got smaller and smaller and eventually this began to affect the ability of people to use the Dodge County Landing to get their boats in and out of the river during low water times. The Dodge County Sportsman’s Club headed primarily by Curtis Peacock began approaching public figures such as Van Street and the Dodge County government in an effort to resolve this problem. After the death of Curtis Peacock, Durwood Graham stepped in as an individual citizen who attempted to get some solution to this problem.
Apparently an opportunity presented itself when the Heart of Georgia Regional Airport Authority was required to purchase some lands in mitigation of wetlands that they had disturbed in extending the runway for the Heart of Georgia Regional Airport. As a result of this, the Airport Authority had to buy some wetlands from Southern U.S. Timber Properties (Albert Glass) and as a condition of sale for the mitigated wetlands, Southern U.S. Timber Properties required them to buy and additional 25 acres of land adjoining the river. Graham became aware of this transaction and approached the Airport Authority directly with the idea of conveying a portion of the additional lands not involved in the wetland mediation to Dodge County for the purposes of a boat ramp.
I have consulted with the attorney for the Heart of Georgia Regional Airport Authority, C. Michael Johnson Esquire, and he confirms that the Heart of Georgia Regional Airport Authority approved said request provided nothing that it did would violate the mitigated wetland site.
In the January 21, 2008 minutes, the Dodge County Board of Commissioners has a notation in the minutes where it was discussed that Jessie Bearden of Carter and Sloop had expressed an interest in helping out on the boat ramp at a nominal fee but in minutes from February 4, 2008, Bearden determined that he did not have the time and recommended that the county proceed with a bid from Statewide Engineering of $3,500.00. The board of commissioners voted unanimously to accept said bid.
There appear to be no further notations in the minutes of the Dodge County Board of Commissioners until such time as a mention was made in May of the boat ramp project and whether it was complete. At that time, copies of all materials were to be provided to the county attorney for him to review to determine if we had all the permits that we needed. In the August 16, 2010 meeting of the Dodge County Board of Commissioners, the county commissioners voted to go forward with the project in spite of the request by Walthall to withhold construction and thereafter a suit was filed.
At varies times since he took on his civilian interest in this, Graham was apparently contacting directly Redwing Environmental, Statewide Engineering, the Army Corp of Engineers, and Carter Engineering in order to move the project forward. Graham says that he reported from time to time to Dan McCranie as Chairman to the board of commissioners but that he did not attend and directly inform the entire sitting board of commissioners of what progress may or may not have been made.
From various correspondence in the files provided to me by Durwood Graham, it would appear that Graham has been the point man in getting information to and from Redwing Environmental, Statewide Engineering and Carter Engineering and has been the primary contact since at least 2007. This apparently began when Graham was working for the Dodge County Sportsman’s group and continued to the point that he eventually was directing Danny Williams to begin work on the county site.
It’s certainly a common practice for small towns and counties, which do not have a lot of money to accept the assistance of volunteers wherever possible. However, Graham should never have been given any ultimate control over any aspect of this project and the proper method would have been to have him report back to the county commissioners or the county manager and have them make the ultimate decision and direct the application of county efforts. While it is unquestioned that Graham saved the county money by taking on many of these projects, it is always inappropriate for any governmental entity to convey governmental authority to private individuals.
Costs to the county
I’ve also been asked to investigate what actual costs have been paid out of pocket by the county and I would show that the following have been paid by the county by date, amount, and who paid to. See exhibit A at end.
Clearly under the state law, anything over $3,000.00 should’ve had competitive bidding before any contract was awarded. The two payments to Red Wing Environmental may not have had to have competitive bidding because the two of them together were less than $3,000.00. Fees to the Department of Natural Resources-EPD would not have had to have competitive bidding because they are set by governmental ordinance and there would be no competitive bidding in that. Fees to Carter Engineering should’ve been let for competitive bidding as well as that of J & B Landscaping and Danny Williams. I have inquired individually and determined that the bill that Carter Engineering was incurred by Dodge County as the request and under the direction of Durwood Graham. J & B Landscaping was contacted by Kelly Bowen, county manager, and asked to prepare for the erosion control. Danny Williams Contracting did not return my call but apparently was requested to do the work by Durwood Graham. With the exception of the 8-25-2010 payment to Danny Williams, all the bills were submitted to the county manager either directly or by Durwood Graham and pain in that way. On the Danny Williams bill, the bill on 8-25-2010 was apparently brought into the office and left at the desk of Vickie who writes the checks for the county commission. Vickie then asked the county manager if she knew what it was about, she did not. Apparently, McCranie explained that it was to be paid because of the county boat landing project and it was paid.
I’ve been specifically asked to investigate whether Graham made any money from any of the people contracting the jobs and I have found no evidence that Graham is receiving any kickbacks or quid pro quo from any of the service providers.
Improper acts
After examining this project, it would appear that although we do have permits from the Army Corp. of Engineers and environmental releases that the bidding process and control of this project should’ve been presented on a regular basis to the board of commissioners so the board of commissioners could’ve made a clear and appropriate decision on how to spend funds in this regard. This would’ve prevented private contractors getting a ‘no bid’ contract and would’ve assured public participation in every aspect of this project. As a curative measure, all contractors doing business with dodge County should be put on written notice that they will not be paid unless any bill goes through the office of the county manager and is approved in writing by the county manager prior to being paid. Likewise, the county manager should have control of all files and plans and they should be on record in her office so that they can be open for inspection by any group or individual that might be affected by public works projects.
While it is clear that this county landing project took on a mind of it’s own, I believe with these corrective measures that Dodge County can go forward in full compliance and not allow such mistakes.
Sincerely,
John P. Harrington
Exhibit A
Red Wing Environmental on 6-6-2008 was paid $652.00 for site visit, wetland delineation and coordination with Statewide Engineering.
DNR-EPD on 6-13-2008 was paid $240.00 for land disturbance fees.
Statewide Engineering on 6-25-2008 was paid $3,500.00 forerosion and sediment control plan.
Mike Kondracki on 4-24-2009 was paid $5,700.00 for pipe and hauling.
Red Wing Environmental on 8-21-2009 was paid $1,560.00 for preparation of Corps PCN and state buffer variance.
Carter Engineering on 8-15-2009 was paid $4,859.96 for permitting documents for boat ramp.
J & B Landscaping on 7-21-2010 was paid $10,000.00 for erosion control.
J & B Landscaping on 8-25-210 was paid $5,000.00 for erosion control.
Danny Williams on 8-25-2010 was paid $4,150.00 for dirt work.
Danny Williams on 9-2-2010 was paid $1,720.00 for dirt work.
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