Tony Wilkins is going to have lunch with David Parrish and Zack Matheny before he votes for DGI's contract on the 7th

"If you can read this you are invited to lunch on Wednesday (25th) at TunaZilla, 223 S. Elm St. between 11:30 and 1:00. Just a gathering to help promote a new business downtown and we can talk politics or food or whatever. Scheduled to be there- Councilmembers Nancy Hoffmann and Justin Outling and Tony Wilkins- Asst. City Managers David Parrish and Chris Wilson, DGI President Zack Matheny, and others will be posted as they confirm attendance."

Tony Wilkins

News and Record's Margaret Moffett; "Council halts discussion on downtown contract amid allegation"

"The City Council abruptly ended a discussion Tuesday about who should run downtown’s business district after a bidder accused the city of giving an unfair advantage to Downtown Greensboro Inc.

Zack Matheny and DGI obviously had an unfair advantage

as Zack's cronies pay City Council members in exchange for taxpayer funded largess

It happened as council members were listening to a presentation from downtown developer Eric Robert. His company, Qub, submitted a bid to manage the district — and get the $600,000 a year that comes with the contract.

Zack Matheny's proposal for Greensboro's downtown improvement district proposal 

has become a great example of how corrupted the City's staff and Council have become.

...DGI, lead by former City Councilman Zack Matheny, also submitted a bid to manage the downtown business district.

Zack is City Council and City Council's donor paymaster's pawn and lobbyist.  

In previous years, the council didn’t have to let other groups compete with DGI to get that contract. But a vote by the General Assembly changed that last September.

Now, via a clearly rigged RFP process, as Zack came in with a $999,771 proposal 

when the limit was $600,000, 

the game's outcome appears clearly predetermined and rigged for the inside elite crowd.

During his presentation, Robert said he learned Tuesday that city staffers let DGI modify its bid after the process had been closed.

Zack Matheny had a direct financial interest in applying for a job he voted to fund, 

and now Tom Philion and David Parrish and the rest of Council 

are in on getting Zack a new contract with an incorrect and overpriced proposal 

which violated the RFP rules of engagement, without consequence.

Assistant City Manager David Parrish explained that the modification didn’t change the substance of DGI’s bid.

After listing Assistant City Manager David Parrish as a reference, 

who is said to be involved in determining who gets the contract, 

Matheny also listed ArtsGreensboro's Tom Philion, 

whose organization has is and continues to gain from City Council votes, 

making Tom a 'yes man' along with Parrish for references 

as Tom serves on DGI's board and takes money from taxpayers with Zack's help 

and the News and Record's complicity and profitability, 

as ArtsGreensboro pays the paper, literally, 

for positive press with the help of Margaret Moffett, 

who is in Mike Barber's back pocket, and has been for years. 

Councilman Tony Wilkins started questioning city staffers. He said he knows someone connected to a third group, the lowest bidder on the project, that didn’t get such special favors.

Councilman Mike Barber then asked for a recess...  Barber told council members they needed to stop the discussion until the city’s legal staff could investigate the matter.

Mike Barber is a known liar 

who tried to extort the DGI job for Zack Matheny out of Cyndi Hayworth 

after Zack leaked Hayworth's lack of education credentials, leaving her ineligible for the job 

after Matheny helped get Jason Cannon fired to get the same job 

and the News and Record and the Rhino Times didn't report it 

and endorsed Mike Barber as he personally profits from taxpayer owned properties

and has City of Greensboro employees fix and deliver golf carts to his residence

so his kids can play on them.

The council returned to open session a few minutes later, then voted to postpone its decision on who should get the contract.

Barber said afterward that he stopped the meeting after “hearing an allegation from one of the legal bidders that completely put the process in another context.”...

Mayor Nancy Vaughan said the council needed to stop the meeting to make sure there is no hint of controversy when the council finally does vote on awarding the contract...

Zack Matheny, Nancy Vaughan and Mike Barber 

put their own interests of power, income and reelection in front of the best interests of City of Greensboro taxpayers, 

and the News and Record and the Rhino Times didn't report it, as they are in on the pay to play.

Vaughan said the council will talk about it at the next meeting. That’s scheduled for June 7, but Vaughan said the date likely will change since it is election day for Congressional races."

Mayor Vaughan and Zack Matheny are Roy Carroll etc...'s pawns, along with most of council

as declared by multiples of high ranking City of Greensboro employees behind the backs 

of their crooked/fucked up/corrupt/crony leadership who are sick of being abused with lies told to the public

Contact Margaret Moffett at (336) 373-7031, and follow @MargaretMoffett on Twitter

http://www.greensboro.com/news/council-halts-discussion-on-downtown-contract-amid-allegation/article_b0dc63cc-a825-5901-8437-f9ed5e561e33.html
.
.
Something is very wrong with Zack Matheny's DGI proposal, which just won approval by the City of Greensboro

http://greensboroperformingarts.blogspot.com/2016/05/something-is-very-wrong-with-zack.html

DGI proposal crookedness personified by conflicted references and connected cronies

http://greensboroperformingarts.blogspot.com/2016/05/dgi-proposal-crookedness-personified-by.html

DGI At Any Price? Or Blackmail?

http://greensboroperformingarts.blogspot.com/2016/05/dgi-at-any-price-or-blackmail.html

Something is very wrong with Zack Matheny's DGI proposal, which just won approval by the City of Greensboro

On May 4, 2016, the City of Greensboro approved the selection of DGI's proposal as "the sole Vendor of Choice" to manage downtown with City of Greensboro taxpayer monies;

. .
From the Request for Proposals;

Says the budget is to be $600,000, and "Activities proposed in excess of the program budget will not be accepted;

The budget is $600,000;

If 80% of the total budget is supposed to go to "program expenditures", only 20% is supposed to go to "Administrative and Maintenance Operations"; 

From Zack Matheny's DGI proposal submitted to the City, which David Parrish is said to be directly involved in the selection process.  Note Nick Piornack, who was in on Revolution Mill's incentive take and the South Elm parking lot loss etc...;

Zack's references, which includes David Parrish, the Greensboro Assistant City Manager involved in the selection process for the RFP = Conflict of Interest;

Zack's proposed budget is more than $600,000;

$81,157 + $84,805 = $165,962 for Admin and Maintenance, is supposed to cover all the employees salaries and rent etc...?

David Parrish and Jim Westmoreland have some questions which need answering.

Why was the proposal accepted if it was more than $600,000?

How is DGI going to be able to pay all it's ongoing overhead with $165,962?

Greensboro's Other Landfills: Part 5

The City of Greensboro, Guilford County and North Carolina Department of Environment and Natural Resources haven't been very talkative of late concerning Greensboro's Illegal Landfills. I think getting flushed down their own loophole in Part 4 really took its toll on all of them. Imagine being in the business of regulating landfills and not knowing that the State removed the loophole 7 years ago? That's what happened to NC DENR and Guilford County as they scrambled to do political favors for the City of Greensboro.

Are they really just covering for a $40,000 a year truck supervisor? Now the question becomes: are State and County regulators considered accessories after the fact? I'll let you, Dear Readers, decide for yourselves. If any of these agencies would send me a statement I would gladly post it. Sadly, they've all stopped communicating with me.

I've gotten no reply from Jim Westmoreland, David Parrish or anyone else on my request to sit in on a  Employees--Managers meeting. I'm thinking they're scared I'll learn more and make more contacts than I already have. Next think you know they'll be having their offices swept for bugs.

On Wednesday, May 28, 2014 I made mention of another illegal landfill, this one located in a residential neighborhood at 513 Brae Burn Lane inside the Greensboro City Limits. I learned that this landfill was owned by Francis (Frank) R. Lato and Lato Holdings, a Greensboro real estate development company which operates out of Mr Lato's home across the street from the landfill. And I learned from reading their e-mails that despite the fact that the Greensboro City Council knew all about this landfill it continued to operate seemingly legally. Or was it?

On June 25 I submitted a public information request to the City of Greensboro asking what had been done about the Lato Holdings landfill, if anything had been done and how it had been done? On Jun 26 (5 days ago) I received the following reply:

"Your public information request for documents related to Records relating to Greensboro Landfill have been referred to the proper department for response. Thank you for your request.

If you have any questions, please call 373-CITY (2489) or at the above email address and reference request number 3605."

According to the City of Greensboro's new PIRT tracking system, "Staff compiling information." as of July 1, 2014.

As an aside: To test the City's new PIRT tracking system I entered a PIRT request for Sarah's Birthday (PIRT #3625) and it came up automatically almost as quickly as I entered it. I don't think that's something the City is actually allowed to release but like I said it is just a test.

I don't know why closing the Lato Holdings landfill would be a problem. After all Greensboro is located in Guilford County and according to Guilford County Chapter 15.5 - SOLID WASTE:

"Sec. 15.5-1. - Definitions
Promiscuous dump means a solid waste disposal site which is not a permitted landfill.

Sec. 15.5-2. - Public nuisance
(1) A promiscuous dump of any kind, including, but not limited to:
a.An open place of concentration of combustible items such as mattresses, boxes, paper, tires, garbage, trash, refuse, yard debris, old clothes, rags or any other combustible material or objects of like kind;
..... 

(3) The dumping, placing or other disposal of solid waste, trash, garbage, refuse, land-clearing debris, demolition debris, yard trash, scrap tires or white goods upon the land, unless such land is a licensed and permitted disposal facility. "

Looks to me like it should be pretty easy to close down the Lato Holdings landfill unless, of course, Guilford County had previously issued a landfill permit. But would a permit in a residential neighborhood be valid considering City and County zoning regulations against the operation of light and heavy industrial uses in residential zones? Somehow I don't think so. I'm betting no such permit was ever issued and therefore Lato Holdings' landfill just like Simmons Hauling landfill were both illegal from day 1.

No word yet on if the Lato Holdings landfill has been shuttered yet but as you can see its very existence violated the very same rules Danny Simmons violated in operating his landfill but no one from the City of Greensboro is talking or Guilford County is about inert debris or "Beneficial Fill" as a loophole and I have their e-mails to prove it: PIRT #3471.

So what was being dumped at Francis Lato's landfill? Word is, wood chips but again, like Danny's landfill it was unattended so anything could be in the bottom of the hole.

In Greensboro's Illegal Landfills: Part 6 I'll make available some very troubling e-mails.

Greensboro's Other Landfills: Part 4

If you haven't read the rest of this story I highly recommend you begin with Greensboro's Illegal Landfills: Part 1 and follow the linked articles back to here. Also, I've added a link to the left side bar to make the series easier to find.

Why was Water Resources using Danny Simpsons' landfill? Assistant City Manager David Parrish and some in the Water Resources Department would have you believe there was a need for it but was there? The following e-mail was sent by Kristine Williams to Chris Payne, Ron Goodwin and Bobby Summers on October 06, 2011:

"Chris,
I learned that Amy is Danny's wife.  He says it's really his wife's company.  He works as an Equipment Operator under Eric Gauldin, mostly operating a backhoe.  Eric says that occasionally he assigns Danny to a dump truck, and in those cases, Danny makes a decision where to haul stuff and could choose his wife's company to haul to.  We also use Fryar as a dump site, and the truck drivers are told to haul to the nearest of the two.

 This company was chosen after Viewmont closed and A-1 charged us higher rates than specified on the contract and we dropped them.  We are willing to use another vendor, but seem to be having trouble finding one ever since we lost Viewmont.  We need an alternative to Fryar because they close when it rains, from what I've been told.  We think FOD uses the same two companies.

I also heard from Eric that Danny gets picked on by some of the guys because we use his wife's company.  It doesn't sound like there are any bad intentions, but I can see how this would look bad.

 Please let me know how you wish for us to proceed.  I didn't speak to the employee myself, and would be happy to ask more questions if you need me to.  I am concerned that he gets to choose where to haul on occasion. Worst case scenario is that he might have the opportunity to turn in a bogus dump ticket every now and then. Again, no reason to believe he has or would, but that's the extent of his involvement from what I can tell.

Please advise.
Kristine"

Danny got picked on? From what I'm hearing the rank and file were expressing concerns with Danny's conflict of interest and environmental concerns. Water Resources isn't the only construction oriented City division. Storm Water Maintenance, Right of Way (mowing and street sweeping) and Street Maintenance in Field Operations all dump daily. Parks and Recreation has a grading crew. They all dump as well. Building Maintenance also hauls debris to landfills. So why wouldn't these other departments dump their inert debris at Simmons Hauling Landfill if Danny's hole in the ground was a better deal for the City? If the City of Greensboro was in such dire need for another place to dump "Beneficial Fill" then why was Simmons Hauling Landfill kept a secret from every other construction department in the City of Greensboro?

Could it be because Danny's supervisors feared reprisals from the supervisors of these other departments should the word get out? Why were they going out on a limb to keep Danny in business? And might I remind you this arrangement paid Danny and Amy Simmons $27,000 in Greensboro Tax Dollars above and beyond Danny's regular wages as an employee of the Water Services Department of the City of Greensboro.

You know, in case you're new to the series, Greensboro's Illegal Landfills.

Here's something else that might be of interest: Water Resources construction and maintenance, along with the entire Field Operations Department are among a very few municipal organizations state wide that have achieved a Safety Star certification from NC OSHA. There are other private companies locally that have this certification. Namely Syngeta,  Sherwin Williams, and Pike Electric to name a few. This certification comes with the idea that your organization is exemplary on all levels but with focus on safe work practices daily. Safe work practices includes safely disposing of waste materials.

Wouldn't it surprise these outside companies that the City of Greensboro has a department that operates on the surface as by the book while actually doing exactly what it wants when it wants. I believe companies like these that abide by strict local and federal mandates about their disposal needs whether it be liquid or solid would frown knowing there exists a double standard which forces private companies to cross a higher bar than local governments. Wouldn't you agree?

According to the Guilford County Municipal Code Chapter 15.5 - SOLID WASTE the definition of a 

"Land clearing inert debris landfill means a facility for the land disposal of land clearing waste, concrete, brick, concrete block, uncontaminated soil, gravel and rock, untreated unpainted wood, and yard trash.

Land-clearing waste means solid waste which is generated solely from land-clearing activities such as stumps, trees, limbs, brush, grass, and other naturally occurring vegetative material."

The same section also states:

"Promiscuous dump means a solid waste disposal site which is not a permitted landfill."

And then there's this:

"Sec. 15.5-2. - Public nuisance. 

The creation, maintenance or failure of any responsible party or landowner to abate a public nuisance is hereby declared unlawful. The following enumerated and described acts and conditions are found, deemed and declared to constitute a detriment, danger and hazard to the health, safety, morals and general welfare of the inhabitants of the county and are found, deemed and declared to be public nuisances wherever the same may exist:

(1) A promiscuous dump of any kind, including, but not limited to:

a. An open place of concentration of combustible items such as mattresses, boxes, paper, tires, garbage, trash, refuse, yard debris, old clothes, rags or any other combustible material or objects of like kind;

b. An open place of collection of solid waste, garbage, food waste, animal waste, or any rotten or putrescible matter of any kind; or

c. An open place of collection of furniture or white goods.

(2) The dumping, placing or other disposal of solid waste, trash, garbage, refuse, demolition debris, scrap tires or white goods upon the land or in ditches, creeks, lakes, ponds or other open areas.

(3) The dumping, placing or other disposal of solid waste, trash, garbage, refuse, land-clearing debris, demolition debris, yard trash, scrap tires or white goods upon the land, unless such land is a licensed and permitted disposal facility.

(4) The open burning of solid wastes.

(5) The open burning of yard trash or for land-clearing operations without a permit issued by an authority or source approved by the Guilford County Department of Emergency Services and authorization from the Guilford County Department of Public Health.

(6) Open burning before 10:00 a.m. or after 4:00 p.m..

(7) Open burning with the use of accelerants.

(8) Open burning of brush or tree trunks or branches of a diameter equal to or greater than four inches.

(9) Throwing, scattering, spilling, placing, dumping, depositing, causing or allowing to be blown, scattered, spilled, thrown or placed, or otherwise disposing of any solid waste upon any property with or without the consent of the property owner which is inconsistent with proper and lawful solid waste management and disposal practices; the occurrence of any of the forgoing acts resulting from transporting solid waste in a vehicle shall also constitute a violation.

(10) Any violation for a commercial purpose or a flagrant and willful violation.

These ordinances were adopted Feb. 3, 2011 and there is no mention of the 2 acre or less exemption City and County officials have been tossing around privately. (What, Ya'll thought I didn't know what you've been telling each other in your attempts to play me?) So what's the fine for illegal dumping? $75 first offense, $150 second offense and $300 for each additional offense. How many loads did the City of Greensboro dump in almost 3 years? Dozens? Hundreds?

As for State Regulations:

 15A NCAC 13B .0565 APPLICATION REQUIREMENTS FOR LAND CLEARING/INERT DEBRIS (LCID) LANDFILLS

Like Guilford County, the State of North Carolina has no definition for "Beneficial Fill" as part of its waste management rules. That's because "Beneficial Fill" is a construction term and is not used in waste management. From 15A NCAC 13B .0201       PERMIT REQUIRED:

"(a)  No person shall treat, process, store, or dispose of solid waste or arrange for the treatment, processing, storage or disposal of solid waste except at a solid waste management facility permitted by the Division for such activity, except as provided in G.S. 130A-294(b).

(b)  No person shall cause, suffer, allow, or permit the treatment, storage, or processing of solid waste upon any real or personal property owned, operated, leased, or in any way controlled by that person without first obtaining a permit for a solid waste management facility from the Division authorizing such activity, except as provided in G.S. 130A-294(b).

(c)  No solid waste management facility shall be established, operated, maintained, constructed, expanded or modified without an appropriate and currently valid permit issued by the Division.  It is the responsibility of every owner and operator of a proposed solid waste management facility to apply for a permit for the facility.  The term "owner" shall include record owners of the land where the facility is located or proposed to be located and holders of any leasehold interest, however denominated, in any part of the land or structures where the facility is located or proposed to be located.

(d)  The solid waste management facility permit, except for land clearing and inert debris permits, shall have two parts, as follows:

(1)           A permit to construct a solid waste management facility shall be issued by the Division after site and construction plans have been approved and it has been determined that the facility can be operated in accordance with Article 9 of Chapter 130A and the applicable rules set forth in this Subchapter, and other applicable state, federal and local laws.  An applicant shall not clear or grade land or commence construction for a solid waste management facility until a construction permit has been issued.

(2)           A permit to operate a solid waste management facility may not be issued unless it has been determined that the facility has been constructed in accordance with the construction permit, that any pre-operative conditions of the construction permit have been met, and that the construction permit has been recorded, if applicable, in accordance with Rule .0204 of this Section.

(e)  Land clearing and inert debris facilities may be issued a combined permit to construct and operate the facility.

(f)  Land clearing and inert debris facilities subject to Rule .0563 Item (1) may construct and operate after notification as provided for under Rule .0563 Item (2).

(g)  Permits, including those issued prior to the effective date of this Rule, shall be reviewed every five years.  Modifications, where necessary, shall be made in accordance with rules in effect at the time of review for those areas of a permitted sanitary landfill site which have not previously received solid waste.

(h)  All solid waste management facilities shall be operated in conformity with these Rules and in such a manner as to prevent the creation of a nuisance, unsanitary conditions, or potential public health hazard."

The only exemption, G.S. 130A-294(b) was repealed in 2007.  This was the so called "Beneficial Fill" loophole. Danny and Amy Simmons were operating an illegal landfill no matter what David Parrish, Hugh Jernigan or 2 inspectors from Guilford County might have told you.

Since everyone from the City to the County to NC DENR has talked about an exemption for "Beneficial Fill" I thought we should talk about that issue. According to Guilford County Zoning Ordinances:

"D=Development Standards Apply, See Article 6 S=Special Use Permit Required"

This is for all zoning areas in Guilford County. Did Danny get a permit? Any kind of permit? Why have none of the 3 government agencies I've been attempting to work with presented me with a copy of Danny's permit?

So I found Article 6-4.24. - Beneficial Fill Area 

"(A) Where Required: All districts.

(B) Maximum Area: Two (2) acres.

(C) Maximum Duration: The Beneficial Fill Area shall be in operation no longer than one (1) year."

One year? The City of Greensboro hauled this so-called "Beneficial Fill" to Danny Simmons' dump for almost 3 years and paid him $27,000 to put it there. Did Danny's bosses think to cover their own asses and get a copy of Danny's permit to have on file? Media types might want to ask.

By the way, in case you're wondering, Beneficial Fill, commonly called fill dirt or back fill except that it has other stuff mixed in, is when you fill up a hole where you're planning some sort of construction in the near future. Thus, the one year limit, to keep people like Danny Simmons from operating illegal landfills which the City of Greensboro, Guilford County and yes, even NC DENR appear... Appear hell, they are all covering up for someone and now I've proved it. 

And as a rule you pay for Beneficial Fill rather than charging for accepting Beneficial Fill. Yeah Danny, I've operated backhoes and drove dump trucks too. I know how the game works.

And here we have Guilford County Landfill Regulations:

"6-4.54. - Landfills, Construction or Demolition/Land Clearing and Inert Debris 

.1 Construction or Demolition Debris Landfill (C-D)-Minor

(A)Where Required: All districts.

(B)Area, Siting, and Location Requirements:

1)Waste disposal area cannot exceed one (1) acre and must be at least four (4) feet above the seasonal high groundwater table.

2)The landfill must be located at least one-quarter (¼) mile from any other landfill of any type.

3)The perimeter of the landfill must be at least fifty (50) feet from the boundary of the property and five hundred (500) feet from the nearest existing drinking water well at time of approval.

(C)Closure and Post Closure:

1)Within thirty (30) days of the completion or termination of demolition activities, the landfill must be closed pursuant to NCGS 130A-301.2.

2)The site must be covered with at least two (2) feet of compacted earth, graded to minimize erosion, and planted with suitable vegetation.

3)No building may be build or located immediately above any part of the landfill and no construction on any part of the site may in initiated before the landfill is closed.

4)The property owner is responsible for filing with the Guilford County Registry and with the North Carolina Department of Environment, Health, and Natural Resources a survey of the site and proper notice for disclosure purposes pursuant to NCGS 47-30 and NCGS 130A-301.2.

.2Land Clearing and Inert Debris (LCID) Landfill

(A)Land Clearing and Inert Debris Landfill (Minor):

1)Where Required: All districts.

2)Maximum Area: Two (2) acres.

3)Maximum Duration: Landfills are limited to a maximum period of operation of three (3) years from the date of issuance of the Certificate of Occupancy by Guilford County, provided that the Planning Board may upon request grant one (1) or more three-year renewals.

4)Use separation: One hundred (100) feet minimum from any property line to the edge of the fill area and three hundred (300) feet minimum from any residence not on the same tract as the landfill.

5)Buffer: Where possible a minimum fifteen (15) foot tree buffer shall be retained around the exterior property line.

6)Access: Access to the landfill shall be from a state maintained paved road, provided that the Planning Board may grant a waiver to the paving requirement upon reasonable conditions and shall be controlled with gates, chains, fences, ditches and/or trees to prevent unregulated dumping.

7)Dust: All unpaved areas shall be maintained in a manner which prevents dust from leaving the property.

8)Operation:

a)No filling is permitted in the 100-year floodplain of any stream. Filling to the edge of the 100-year floodplain is permitted only if the back slope is stable and no steeper than 3:1;b)No filling is permitted in minor drainageways unless the drainage has been piped or otherwise diverted in accordance with approved plans; and

c)No filling is permitted in utility easements, except electrical transmission easements for 44kv or greater lines.

9)Closure: Landfills shall be closed with a minimum of one (1) foot of clean soil, graded to a maximum slope of three to one (3:1), and stabilized with vegetation or by other approved means.

(B)Land Clearing and Inert Debris Landfill (Major):

1)Where Required: AG and HI districts.

2)Use separation: One hundred (100) feet minimum from any property line to the edge of the fill area and three hundred (300) feet minimum from any residence not on the same tract as the landfill.

3)Buffer: Where possible a minimum fifteen (15) foot tree buffer shall be retained around the exterior property line.

4)Access: Access to the landfill shall be controlled with gates, chains, fences, ditches and/or trees to prevent unregulated dumping.

5)Dust: All unpaved areas shall be maintained in a manner which prevents dust from leaving the property.

6)Operation:

a)No filling is permitted in the 100-year floodplain of any stream. Filling to the edge of the 100-year floodplain is permitted only if the back slope is stable and no steeper than 3:1;b)No filling is permitted in minor drainageways unless the drainage has been piped or otherwise diverted in accordance with approved plans; and

c)No filling is permitted in utility easements, except electrical transmission easements for 44kv or greater lines.

7)Closure: Landfills shall be closed with a minimum of one (1) foot of clean soil, graded to a maximum slope of three to one (3:1), and stabilized with vegetation or by other approved means."

 Danny Simpson ran a landfill. He charged for his services. Greensboro taxpayers paid for his services. Calling what was dumped there "Beneficial Fill" or "Inert Debris" does not change the fact that Danny Simpson ran a landfill that failed to comply with County, State and Federal regulations. And to add insult to injury, Danny Simpson also failed to comply with the rules of the  "Beneficial Fill" loophole Greensboro, Guilford County and inspectors for the North Carolina Department of Environment and Natural Resources are giving him. Of course Had Danny Simpson been properly trained to operate a landfill he would have been aware of the following:

"§ 130A-309.25.  Training of operators of solid waste management facilities.

(a)        The Department shall establish qualifications for, and encourage the development of training programs for, operators of incinerators, operators of landfills, coordinators of local recycling programs, and other solid waste management facilities.

(b)        The Department shall work with accredited community colleges, vocational technical centers, State universities, and private institutions in developing educational materials, courses of study, and other such information to be made available for persons seeking to be trained as operators of solid waste management facilities.

(c)        A person may not perform the duties of an operator of a solid waste management facility after 1 January 1998, unless he has completed an operator training course approved by the Department. An owner of a solid waste management facility may not employ any person to perform the duties of an operator unless the person has completed an approved solid waste management facility operator training course.

(d)       The Commission may adopt rules and minimum standards to effectuate the provisions of this section and to ensure the safe, healthy, and lawful operation of solid waste management facilities. The Commission may establish, by rule, various classifications for operators to address the need for differing levels of training required to operate various types of solid waste management facilities due to different operating requirements at the facilities.

(e)        In developing training programs for incinerator operators under this section, the Department shall establish and consult with ad hoc advisory groups to help coordinate the requirements under this section with other training programs for incinerator operators.

(f)        This section does not apply to any operator of a solid waste management facility who has five years continuous experience as an operator of a solid waste management facility immediately preceding January 1, 1998, provided that the operator attends a course and completes the continuing education requirements approved by the Department. (1989, c. 784, s. 2; 1993, c. 29, s. 1; 1995 (Reg. Sess., 1996), c. 594, s. 19; 1997-443, s. 15.49(a).)"

Take a look at the 5.0 Action Plan the City of Greensboro uses at the White Street Landfill if you want to know what is necessary to run a safe and effective landfill that protects the air and the water for centuries to come. Danny Simpson didn't do any of those things and the Water Resources Department of the City of Greensboro became his accomplishes... Or lead him down the road to ruin.

It could have been as simple as Danny's bosses in Water Resources picking up the telephone and calling over the the folks at the City owned White Street Landfill who have taken all these classes but for some reason when Danny said you can dump in my yard they thought it a good idea. A good idea to operate an illegal landfill-- really?

So I ask you again, who are they covering for, Danny Simpson, a $40,000 a year truck supervisor or someone higher in the management of the City of Greensboro? Too bad I don't have the power to look into Danny and Amy's financial records, I bet we could clear this up rather quickly.

So what's up for Greensboro's Illegal Landfills: Part 5? Tune in Wednesday and I'll tell you if Greensboro, Guilford County or NC DENR have anything further to say. If not I'll expose a few more problems they'd all rather you not know about like more illegal landfills as the shit has hit the fan and their loophole is just another hole that just happens to be standing in the watershed of the Randalman Reservoir draining off into the drinking water supplies of Greensboro, High Point, Randalman, Asheboro and much of the rest of North Carolina's Piedmont Triad region.

Greensboro water resources polluting the very same water they must treat before we can drink it? I guess you call that job security. I don't know about you, but If I were Jim Westmoreland, David Parrish and the wheels from Water Resources I would already be loading backhoes on trailers and hooking them to dump trucks to haul to Danny's house ASAP!

Please continue reading Greensboro's Illegal Landfills: Part 5

Greensboro's Other Landfills: Part 3

I got the following reply from Hugh Jernigan of the NC Department of Environment and Natural Resources (NC DENR) concerning Part 1 and Part 2:

"Billy,
Thank you for forwarding the postings.

 I received a phone call on June 23rd from the City of Greensboro regarding the hauling of beneficial fill materials to Mr. Simmons’ site.   We discussed beneficial fill rules and state Solid Waste requirements.  These conversations indicated the City of Greensboro, Water Resources has hauled beneficial materials to Mr. Simmons’s site, and the city has provisions/policies for determining what constitutes waste materials and where to dispose of the waste materials.

You are correct in stating the Department of Environment and Natural Resources, Solid Waste Section does not require a permit for the use or soils and other materials classified as “ inert debris” under State Solid Waste Rules 15A NCAC 13B .0562 “BENEFICIAL FILL”.

The investigation conducted by Guilford County Code Enforcement found no violations at the Simmons’ site concerning the beneficial fill area.

 Hugh Jernigan
NC DENR Winston-Salem Regional Office
Division of Waste Management - Solid Waste
585 Waughtown Street
Winston-Salem, NC 27107
Voice: (336) 771-5093
FAX: (336) 771-4631
hugh.jernigan@ncdenr.gov
http://portal.ncdenr.org/web/wm/sw"

I think what you just read was Mr Jernigan's way of backing out of the discussion and leaving the City of Greensboro to hang themselves. I wonder if Hugh remembers this e-mail from Jason  Watkins, Western District Supervisor - Field Operations Branch, North Carolina Dept. of Environment and Natural Resources dated May 29, 2014:

"Mr. Jones,
The Solid Waste Section does not have records of an approved disposal activity at the referenced address.   That said, depending on the type of material(s) being used as fill, the activity may not require a state level approval as NC law does allow certain materials to be used as fill without a permit.

 We have engaged Guilford County planning staff on this matter as there are also county level approvals that may be required for such an activity and that office also has regulatory jurisdiction on illegal dumping matters based on county ordinances.

 If you would like to contact our office and provide any additional information you have regarding the site including waste types, etc., please contact Hugh Jernigan at (336) 771-5093.
Jason

Jason Watkins
Western District Supervisor - Field Operations Branch
North Carolina Dept. of Environment and Natural Resources
Division of Waste Management - Solid Waste Section
585 Waughtown Street
Winston-Salem, NC 27107
Tel: 336-771-5092
Fax: 336-771-4631
http://portal.ncdenr.org/web/wm/sw"

The line "the activity may not require a state level approval as NC law does allow certain materials to be used as fill without a permit" is what NC DENR, the City of Greensboro, Danny Simmons and apparently Guilford County are all hanging their hopes on but in-fact: that one line will be their downfall. More on that in Part 4.

Speaking of Guilford County Inspectors, take a look at the e-mail I sent to  lhill@co.guilford.nc.us on May 16, 2014:

"Howdy,
I'm a resident of Greensboro and it has recently come to my attention that a Pleasant Garden resident, a Mr Danny Simpson has been operating an unlicensed and unpermitted landfill believed to contain hazardous materials dumped there by the Water Resources Department of the City of Greensboro.

The location is Simmons Hauling, 3807 Fieldview Road, Pleasant Garden State: NC  27313

The City of Greensboro has been informed as has been NC DENR but I wanted to make sure you were kept in the loop as well.

Mr Simpson is a high ranking employee of the City of Greensboro Water Resources Department.

Should you require documentation I will be happy to e-mail records from PIRTs (Public Information Releases) sent to me by the City of Greensboro.

I might also have information the City of Greensboro might try to withhold from you as I also have contacts working inside the city.

Thanks -Billy Jones"

Guilford County has yet to reply to my e-mail and it's been almost a month and a half. The e-mail address I sent it to belongs to Lee Hill, Solid Waste Enforcement, Guilford County, but I get the impression these people really don't give a shit as long as they get their paychecks and "some blogger" doesn't rock their dingy garbage scows.

I never got another reply from my Wednesday e-mail to Assistant City Manager David Parrish but that's okay as I'll be happy to speak on behalf of the City of Greensboro as that's obviously what they now intend for me to do.

Take a look at the Google Map of 3807 Fieldview Rd, Pleasant Garden, NC and tell me what you see there. Directly to the west of Randy and Amy Simmons' former landfill site is a stream. Directly to the south is a pond. To the north west is a pond and another to the north east. Are Danny's neighbors' ponds safe from possible runoff or groundwater contamination caused by what was dumped in Danny's landfill? Are their wells safe? Will toxins turn up in 10, 20 or 30 years?

If not for me and some unnamed heroes employed by the City of Greensboro would anyone have ever known how it came to be? We don't know the answers to those questions and lots more. And therein lies the problem.

According to Danny Simmons' Personnel Action History Report, Danny was hired in October of 2008 as an equipment operator at a salary of $27,000 a year. Danny received several raises and was promoted in June of 2013 with his pay then raised from $30,714 to $35,876. Then amazingly, over the course of the next 8 months Danny's pay was raised 3 times to $40,038 per year!

When was the last time your pay check increased almost $10,000 in just 1 year? How often does that happen for other City of Greensboro employees? The answer: almost never, Greensboro employee salaries have been almost flat for almost a decade. Ask any City worker you know.

I promise you, as this blog post gets passed around the rank and file in places like Water Services, Field Ops, Parks and Rec, the White Street Landfill and a few other places where people work for their paychecks the folks downtown are going to wish they had worked with me over a month ago when I offered not to blog this story if they would only work to resolve the issues. Win, loose or draw the City of Greensboro looses this fight right now! Will Guilford County and NC DENR chose to fall with them?

So how is it that Danny Simmons got fast tracked when so many others with more experience, training, qualifications, education and time on the job are still waiting? Maybe there are some hints in some of the e-mails sent from department to department? For example, in the e-mail Assistant City Manager David Parrish wrote to City Council and myself (Part 2) Mr Parrish wrote:

" At the time of the hauling activities, Danny Simmons was a heavy equipment operator for the water resources department. His wife was listed as the owner of the hauling service. As a heavy equipment operator, Mr. Simmons sometimes operated dump trucks and hauled materials to landfills.  Due to the concern of a conflict of interest involving a City employee involving in operations owned by his wife, the Legal Department was consulted on the issue.  Legal advised that it was not a conflict of interest because Mr. Simmons, in the position he held, did not have a role in selecting the companies the City used for hauling, nor in deciding where to take the materials."

But this e-mail from Thomas D. Carruthers, Associate General Counsel, City Attorney's Office, dated October 18, 2011, seems to be in direct contradiction to the statements released by Mr Parrish:

"I understand that Danny Simmons  wife is the owner of Simmons Hauling and Services.( The analysis is the same if Danny is part owner of this business)  This business accepts hauled fill and other debris from the City and the general public.  Water Resources currently uses two business to receive its debris. The second business, Fryar, is used when it is the closest location to the construction site. This policy is directs the employee to go to the closest site.  Apparently these businesses  rates are lower than the City can offer at its dump sites.

 It is clear that Danny Simmons has a direct financial interest in this company that contracts with the city. It is also clear Danny has not role in selecting these companies.  As such he does not develop the specs, the contract terms, or make decisions about interpreting the contract, or preparing or awarding the contract.  Therefore this contract does not violate the state or local conflict of interest prohibitions.

 The only question is the discretionary role he plays in deciding when to deliver fill to the dump site.  He should not pay any role in deciding where the debris is delivered.  This would be unfair to the competitor. I recommend allowing Dannys supervisor to decide where he shall take the loads on those days he is assigned  as a truck driver rather that a back hoe operator.  These decisions would follow the policy already in place as described above."

Did Danny's supervisor make the decision to haul to Danny's landfill on the days when Danny was driving a dump truck? Some drivers say the decision is left up to the individual driver and Mr Carruthers' e-mail seems to support that contention. And why did David Parrish claim there was no conflict, "Legal advised that it was not a conflict of interest" when Tom Carruthers clearly wrote: "It is clear that Danny Simmons has a direct financial interest in this company that contracts with the city." Mr Parrish, would you like to explain the contradiction?

It's okay if he doesn't explain it as I'll get around to it.

And just to twist the rusty knife I'm stabbing David Parrish with, the business privelige liscense Amy Simmons filed with the City of Greensboro listed the corporation name as Amy & Danny Simmons T/A with the business type as a partnership with Danny as the contact person.

Which begs the question: Who are Assistant City Manager David Parrish and City Manager Jim Westmoreland covering for? Don't you find it interesting that Jim Westmoreland issued his gag order immediately after I contacted him concerning Danny Simmons? Perhaps some of you in the news & information business would like to submit a public information request for my e-mails to Mr Westmoreland. What's that? His replies? Jim Westmoreland never replied. Instead he had Donnie Turlington and later David Parrish do it for him.

You know, so I can't quote him on the lies he's forcing them to tell. Hey Jim, you left me to do the talking. If you don't agree then by all means speak up. Just as before I'll be e-mailing this post along with Part 1 and Part 2 to the City of Greensboro, Guilford County and NC DENR in the hope they will respond before I post Greensboro's Illegal Landfills: Part 4 on Tuesday. Maybe by then they'll feel more like talking.

Greensboro's Other Landfills: Part 2

I'll begin with the e-mail I got Monday from Assistant City Manager David Parrish in reference to my post Greensboro's Other Landfills: Part 1:

"Mayor and Members of Council,

Below is a brief summary of the issues raised by Billy Jones over the weekend.  Please let me know if you have additional questions regarding this issue.

Simmons Hauling Response

The City has been reviewing its relationship with Simmons Hauling and Services since May, 2014, when information was presented by Billy Jones that raised possible conflicts and concerns. After the initial review, the City was satisfied that its use of the hauling company and the involvement of its employee were not in conflict. Based on the latest allegations offered by Mr. Jones, below is a recap of the City’s review along with feedback offered by NC DENR representatives today (June 23, 2014). Based on the City’s understanding of this issue, NC DENR’s opinion, and the fact that the landfill in question is no longer being used by the water resources department, the City is not considering any additional action at this time.

 Overview

The City began hauling to Simmons Hauling and Services in March of 2011, and hauled its last load to Simmons in May of 2013. During that timeframe, approximately $27,000 in payments were paid to Simmons Hauling and Services.

 At the time of the hauling activities, Danny Simmons was a heavy equipment operator for the water resources department. His wife was listed as the owner of the hauling service. As a heavy equipment operator, Mr. Simmons sometimes operated dump trucks and hauled materials to landfills.  Due to the concern of a conflict of interest involving a City employee involving in operations owned by his wife, the Legal Department was consulted on the issue.  Legal advised that it was not a conflict of interest because Mr. Simmons, in the position he held, did not have a role in selecting the companies the City used for hauling, nor in deciding where to take the materials.

 In June of 2013, Mr. Simmons was selected for a promotion to a crew coordinator position for water resources, where he would have oversight over what hauling services the City used. At that time, the City discontinued its business with Simmons Hauling and Services because of the conflict of interest.

Today (June 23, 2014), the water resources department contacted Hugh Jernigan with NC DENR to further inquire about the landfill itself. Mr. Jernigan stated the type of landfill the City used via Simmons is classified as “beneficial fill,” and the owner of such a facility is not required to obtain a landfill permit.  Mr. Jernigan had already referred the case to Guilford County and two inspectors visited the site and confirmed that the material observed at the site does not require a landfill permit.  Mr. Jernigan further stated that he believed the City had done its due diligence in this matter.

This information is being provided to Mr. Jones. The City also responded to Mr. Jones’ public records request in May outlining similar concerns and issues. At that time, the City also contacted NC DENR and was informed that there were no concerns with regard to the type of debris the City had sent to the landfill, and confirmed with Mr. Jones that no conflict of interest was evident.

Please feel free to give me a call if you have additional questions.

Regards,
David

David Parrish
Assistant City Manager
City of Greensboro
336-373-2002
PO Box 3136
Greensboro, NC 27402-3136"

From the North Carolina Department of Environment and Natural Resources website:

"Dispose of all wastes at a permitted disposal facility – it’s the law. Improper disposal can be considered a Class 1 felony crime. You must take your waste to the proper disposal facility. To learn where they are located, contact your local solid waste office."

So there you have it, the City of Greensboro is responsible for having committed a Class 1 Felony according to NC DENR. And this in reference to “beneficial fill."

"Inert debris is made up of unpainted concrete, brick, concrete block, uncontaminated soil, rock, and gravel. Inert debris may be used as beneficial fill material so long as no excavation occurs. Beneficial fill improves land use potential when all pertinent laws, rules and regulations are followed."

Did excavation occur? Were all all pertinent laws, rules and regulations followed? Simmons Hauling is not registered with the North Carolina Secretary of State as a legal tax paying entity, what makes you think Danny and Amy would be any more inclined to follow the rest of the rules? I'm being told some of the soil was contaminated with solid waste from Greensboro's sewers. I'm told it included asphalt and metal pipe. And what about that Asbestos that was on those pipes the City of Greensboro dumped into Danny and Amy Simmons' backyard? Er, I mean landfill.

From the North Carolina Department of Health and Human Services  website:

"Landfill Operational Requirements
( 10 N.C.A.C. 10G .0505)
These rules regulate the disposal of asbestos waste in permitted solid waste landfills. Approval of waste to be disposed in North Carolina landfills is regulated by the NC DENR. Division of Solid Waste Management, Solid Waste Section. Final acceptance of the waste is the decision of the local landfill operator who should be contacted directly."

That's right, final acceptance was up to Danny and Amy Simmons but before they were allowed to make that decision they were required by law to have a landfill permit from NC DENR. And as you read above in the e-mail from assistant City Manager David Parrish,

"Mr. Jernigan stated the type of landfill the City used via Simmons is classified as “beneficial fill,” and the owner of such a facility is not required to obtain a landfill permit."

According to the North Carolina Department of Health and Human Services, the State of North Carolina has adopted Federal Guidelines for dealing with asbestos:

"The AHMP Rules adopt the National Emission Standards for Hazardous Air Pollutants (NESHAP) relating to asbestos demolition and renovation by reference. These regulations may be found at 40 CFR Part 61, Subpart M - National Emission Standard for Asbestos (40 CFR 61-141-157)"

The Federal Guidelines can be found by clicking Federal Guidelines  and scrolling down to § 61.145 Standard for demolition and renovation and § 61.154 Standard for active waste disposal sites. As you will note there is no way in Hell Danny Simmons or the City of Greensboro complied with those rules. Is there Mr Parrish?

Had Danny Simmons been trained in landfill operation he would have known these things but Danny Simmons operated a backhoe and drove a dump truck until becoming a supervisor over people with more experience, training and years on the job.

I sent the following reply to the City of Greensboro on Monday in response to the e-mail Mr Parrish sent me:

"So this is all the City of Greensboro intends to do? I guess at least some of you really don't understand the issues involved. A careful reading of the e-mails that were sent to me might enlighten some of you. What might be in that hole other than what was dumped by the City of Greensboro and if future remediation is required who will pay for it? Is anyone familiar with the Deep Pockets Theory as is commonly used in remediation efforts? Which of Danny Simmons' customers stands to have the deepest pockets? If you guessed the City of Greensboro you are correct!

Danny also never listed his business with the NC Secretary of State so chances are there are no records of at least some of his customer transactions-- cash money under the table. How many times have I caught the City of Greensboro doing business with non entities? A dozen or more?

There were also violations of Greensboro employee policy that forbid using one's position to one's economic advantage. It's in the employee manual. Danny Simmons, even as a backhoe operator, opened a landfill with the intent of profiting from his position with the City of Greensboro.

Danny is a bad boss. He even weighs in on matters outside of his jurisdiction causing problems for other employees who do not work for him and uses such things to his advantage.

Did they tell you of the pay increases Danny has received? Much higher than most. And why is he supervising people with more experience, training, qualification and years on City payroll than he has?

Why did Danny's bosses allow this to continue AFTER the legal department advised against it? Was there something in it for them as well? Why else would they put their own jobs at risk if there wasn't something in it for them?

Rank and file employees tell me Danny brags about how much money the landfill earns, rubs their noses in it.

They went over Danny's head expressing concerns and were told it wasn't a problem. Remember: Most of you have never set foot in a waste disposal facility but I have. As a matter of fact; I'm certified by the State of North Carolina and worked with Hugh Jernigan of NC DENR as a Transfer Station Operator. I took my classes with many City of Greensboro employees. (How do you think they knew me?) Your people are among the best trained in the nation-- I envy them. When your drivers drive into a landfill they usually see signs with permit numbers and information about what can be dumped there. They didn't see that at Simmons' Hauling.

Your drivers are also used to seeing landfills that are attended during business hours. As a matter of fact: State and Federal laws require that landfills be attended any time they are open for business to prevent the dumping of hazardous materials. But at Simmons' Hauling there was no attendant-- just an open gate and a drop box where drivers filled out a ticket and dropped it in the box so Danny could bill his customers including but not limited to the City of Greensboro, after he got home from work.

There was Asbestos on some of the pipe dumped by the Water Resources Department. Was that Asbestos Friable? If yes then it is considered hazardous materials. Are you prepared to answer those questions?

Now I ask you, do you believe Hugh Jernigan or those 2 Guilford County inspectors have X-ray vision? Can they look through the earth to see what is buried underneath? 'Cause I don't think they have any idea what might be leaching out of that landfill and into nearby wells. And having witnessed people attempting to dump everything from waste oil to hospital waste to radioactive junk with me standing there shouting at them, "No way in hell!" I can only guess what they might dump when no one is there to stop them.

The problem is the good ol' boy system is crushing the rank and file who are better trained and better motivated to do the right thing. So out of pure frustration they seek out someone like me.

Enjoy the free publicity... Or stop the attempts at PR and talk about what we must do to SOLVE the problems at hand. Your call. Keep me posted.

-Billy"

As of this posting no one from the City of Greensboro has replied to my last e-mail. As you can see, I knew more than I was telling them. I always do. I guess I'll be contacting the North Carolina Department of Health and Human Services to talk about violations of § 61.145 Standard for demolition and renovation and § 61.154 Standard for active waste disposal sites. This could get very ugly for the City of Greensboro.

You see folks, while I'll go into more detail later, the “beneficial fill" loophole that Assistant City Manager David Parrish is crediting to Hugh Jernigan of NC DENR simply doesn't apply.

As you can also see, the City opted for the free publicity over solving the problems. And there's more I've yet to share including several lies told by Mr Parrish above. In the interest of fairness I'm e-mailing this post and Part 1 to the City of Greensboro and to Hugh Jernigan of the North Carolina Department of Environment and Natural Resources-- Western Division-- so that they might clarify before I post Greensboro's Illegal Landfills: Part 3 on Friday.