| Cosby says: Grand Jury
Findings Support Citizens’ Call for Commissioners Resignations*
Carolyn Cosby, leader of
the Citizens’ Committee that exposed the Bobo Boondoggle, called today’s
report of the Grand Jury regarding the actions of the BOC “highly disturbing
but expected.” Cosby continued,* “This
Grand Jury is uncovering the same highly questionable actions of County
Manager, Jerry Cooper, and the county Commissioners that the citizens have
found.”*
“It was a 'sweetheart deal'
from the beginning that demanded answers," said Cosby. "The
Grand Jury is confirming that no logical explanation exists for the setting
up of the recycling plant to begin with; and, the Grand Jury confirmation of
the $3.5 M land purchase in which the county paid more than twice its value
is enough to call for the Commissioners to be indicted," *said
Cosby. Cosby continued, “This is the
same criminal activity that took place in Gwinnett County that led to the
prosecution of their Commissioners.”
Earlier in the citizen investigation,
Cosby raised the real possibility that money laundering was
taking place, particularly when evidence was brought forward of campaign
donations given to Commissioner Karen Bosch by Jimmie Bobo but never
reported.*
Cosby continued, “The call for
discipline of County Manager Jerry Cooper and the deeper investigation of the
county Commissioners confirms the citizens’ call for the three remaining
BOC/RRDA members to resign.”
Cosby stated, *"It is
now clear that county manager, Jerry Cooper, failed to follow the law as
cited in the Grand Jury findings. That
alone should warrant his firing. The
three remaining Commissioners, Chairman Leavitt Ahrens, Harry Johnston and
Jason Nelms should immediately resign and save the county the cost, time and embarrassment
of a drawn-out criminal investigation that should result."*
Cosby stated she is proud
the Grand Jury is investigating the highly suspicious actions of the
county leadership with the same determination as their fellow citizens.
END
FMI: Read Grand Jury
Presentment #14 Below
Jury Book 2 Pg 326 Filed ,Jnd Recorded 12!1812012 1:21 53 p
28-2012-000071 Patty Baker Clerk
of Superior Court Cherokee Cty. GA
CHEROKEE COUNTY STATE OF
GEORGIA
GRAND JURY PRESENTMENTS TO:
The Honorable Frank C.
Mills, III Chief Judge, Superior Court
Cherokee County, Georgia
The Honorable N. Jackson
Harris Judge, Superior Court
Cherokee County, Georgia
The Honorable Ellen McElyea
Judge, Superior Court
Cherokee County, Georgia
We, the members of this
Grand Jury, chosen and sworn to serve the September 2012, term of the
Superior Court of Cherokee County, hereby submit the following report and
recommendations.
We, the September 2012,
Grand Jury heard 227 bills of indictment, returned 227 true bills and 0 no
bills.
PRESENTMENT 1
The September 2012, Grand
Jury commends Superior Court Chief Bailiff Jane Johnson, Bailiff Johnny
Champion and all bailiffs for their diligent assistance in arranging
materials for Grand Jury proceedings, managing the schedule for cases to be
presented, coordinating Grand Jury payroll, and ensuring that proceedings run
smoothly.
PRESENTMENT 2
The September 2012, Grand
Jury commends District Attorney Garry Moss for his 30 years of selfless and
faithful service to the citizens of Cherokee County and we wish him many
healthy and happy retirement years.
PRESENTMENT 3
We, the September 2012,
Grand Jury commend District Attorney-Elect Sharmon Wallace, each Assistant
District Attorney and each law enforcement officer and investigator
associated with the cases brought before the Grand Jury.
PRESENTMENT 4
The September 2012, Grand
Jury sincerely expresses its appreciation to the directors and staff of the
Anna Crawford Children's Center in recognition of the tremendous assistance
and comfort provided to at-risk and victimized children in our community.
PRESENTMENT 5
The September 2012, Grand
Jury sincerely expresses thanks to Cherokee County Chief Financial Officer
Janelle Funk for her well-planned and professional explanation of the
Homestead Option Sales Tax.
PRESENTMENT 6
The September 2012, Grand
Jury sincerely expresses thanks to Clerk of Court Patty Baker for a thorough
and knowledgeable overview of juror and bailiff compensation.
PRESENTMENT 7
The September 2012 Grand
Jury sincerely expresses thanks to Cherokee County Sheriff Roger Garrison,
Captain Karen Johnson, and the staff of the Sheriffs Office and Adult
Detention Center for hosting an informative tour. The Detention Center was
found to be well-lit, clean and effectively managed.
PRESENTMENT 8
The September 2012, Grand
Jury sincerely expresses thanks to Investigator Randy Reagan for his
assistance with the Grand Jury's IT requirements.
PRESENTMENT 9
The September 2012, Grand
Jury sincerely expresses thanks to Judge Ellen McElyea for her professional
and informative empanelment and orientation of this Grand Jury.
PRESENTMENT 1 0
The September 2012, Grand
Jury sincerely expresses thanks to Mr. Lamar Barton for his many years of
service on the Cherokee County Tax Equalization Board.
PRESENTMENT 1 l
We, the September 2012,
Grand Jury, recommend pay for Petit (Traverse) Jurors and bailiffs be
maintained at its current level. The Grand Jury recommends pay for Grand
Jurors be reduced from the current rate of $50.00 per day to $45.00 per
day. This reduction is intended to
bring Cherokee County in line with other counties in Georgia and to practice
fiscal responsibility in light of current economic conditions.
PRESENTMENT 12
We, the September 2012,
Grand Jury, recommend that the Cherokee County legal organ be changed to
include both the Cherokee Tribune and The Cherokee Ledger *I *News to ensure
the widest possible dissemination of the official business of Cherokee
County.
PRESENTMENT 13
We, the September 2012,
Grand Jury, appoint a liaison committee consisting of the following current
Grand Jury members to meet with the January 2013 Grand Jury for a continuance
of knowledge of the RRDA *I *BGR matter. The Liaison Committee members are:
Val Frazier, Pete Dean, Jon Flaig, Clark Blackwell and Michael Ameye.
PRESENTMENT 14*
We, the September 2012,
Grand Jury, in a previous interim presentment appointed Val Frazier, James
Rigsby, Pete Dean, Gerald \Vright and Jon Flaig to a special Committee for
the purpose of investigating and further reviewing the status of the Resource
Recovery Development Authority of Cherokee County (RRDA) in the aftermath of
the May 2012, Chapter 11 bankruptcy of the tenant Mr. Jimmy Bobo, et al I
Ball Ground Recycling, LLC (BGR).
The Committee interviewed
the following county officials: County
Commission Chairman L.B.
'Buzz' Ahrens, Commissioners Harry Johnston, Karen, M. Bosch, Jason Nelms,
and Jim Hubbard (BOC). The above individuals also comprise the current board
of the RRDA. The Committee interviewed
Cherokee County Manager Jerry Cooper.
The Committee also interviewed fom1er County Attorney Mark Mahler,
private citizen Steve Marcinko, and former Development Authority of Cherokee
County I Cherokee Office of Economic Development (DACCICOED) member Larry
Lusk.
The Committee reviewed and
abstracted all available documents related to the dealings between the BOC I
RRDA I County Management and Mr. Jimmy Bobo, et alI BGR.
*The Committee reported to
the Grand Jury. Based upon the Committee's report the Grand Jury Found:
Findings
The Grand Jury found no
evidence of another RRDA in the state of Georgia having been created for the
purpose of relocating a private business from one location to another, nor
has this Committee found an example of another RRDA established for the
purpose of "recovering" a waste substance that did not adversely
affect public health.*
The Grand Jury found the
circumstances surrounding the original
discussions and agreements
between the BOC and Mr. Bobo which led to the formation of the RRDA and the
establishment of the new recycling facility to be murky and virtually
undocumented.
The Grand Jury found that
in 2006 Mr. Bobo, et al had purchased 61.21
acres of contiguous
property on Ball Ground Highway at a total cost of
$3,531,537. This acreage
was to be used as the new operations site of BGR.
The Grand Jury found that
in 2007 the BOC I RRDA purchased a 35.85 acre portion of the aforementioned
61.21 acre assemblage at a price of
$3,684,999. The
unencumbered ownership of the remaining 25.36 acres was retained by Mr. Bobo,
et al.
The Grand Jury found that
at the property sale closing Mr. Bobo et al, was reimbursed for the interest
carry on the original 2006 loans to purchase the property in the amount of
$323,763. Mr. Bobo et al, was further reimbursed $239,446 for the closing
costs associated with those original loans.
The Grand Jury found
language in the Bond Documents between the RRDA and BGR I Mr. Bobo, et al
that appointed BGR I Mr. Bobo, et al to be the "true and lawful
agent" for Cherokee County in this arrangement, such appointment being
accepted by Mr. Bobo' s signature.
The Grand Jury found
language in the Bond Documents between the RRDA and BGR I Mr. Bobo, et al
that arguably prohibited the lessee (BGR I Mr. Bobo, et al) from realizing a
profit on the sale of land to Cherokee County I RRDA. This is the position
taken by the BOC I RRDA in its current civil lawsuit against Mr. Bobo, et al.
The Grand Jury found that a
verbal request from the BOC I RRDA to the County Manager Mr. Jerry Cooper
established Mr. Cooper as the de facto project administrator on behalf of the
RRDA for the construction oversight of the BGR facility. The Grand Jury further found that the
County Manager was solely responsible for validating the criteria for the
disbursement of funds for the BGR construction. The Grand Jury found that the
County Manager disbursed the construction funds on the basis of the design architect's
signature alone. The Grand Jury found that the design architect was hired by
Mr. Bobo et al and was not contracted by Cherokee County.
The Grand Jury found that
there was a free resource available (the
Association of County
Commissioners of GA (ACCG) Construction Guidelines) to the BOC I RRDA and
County Manager that outlined step by step the way to set up and manage a
construction project of this scope. However, it appears that the BOC I RRDA
and County Manager did not use this resource in developing and managing the
project.
The Grand Jury found that
the BOC I RRDA and County Manager in managing the construction draw process,
failed to adhere to the Association of County Commissioners of GA (ACCG)
Construction Guidelines which follow O.C.G.A.
§§ 36-91-1-36-9-2, §§ 36-91-20-36-91-22, §36-91-40, §§ 36-91-50-36-91-54,
§§ 36-91-70-36-91-72, and §§ 36-91-90-36-91-95, the Georgia State laws
governing Local Government Public Works Construction.
*The Grand Jury found that
the assets of the RRDA were not carried on the Cherokee County ledger books
from 2007 until present and thus were not subject to audit. The Grand Jury found that in 2009 the
Cherokee Office of Economic Development (COED) purchased from Mr. Bobo et al,
a 53 acre site at Highway 92 & James Dupree Road at a cost of
$5,273,730.*
PRESENTMENT 15
The Grand Jury was informed
by law enforcement agencies that no
investigation of the RRDA and
Ball Ground Recycling matter would be
possible without a forensic
audit of the concerned parties. The Grand Jury was further informed that
after the completion of the forensic audit any subsequent investigation by
law enforcement agencies would not be automatic.
*Recommendations*
Recommendation 1: The Grand
Jury recommends that Cherokee County Board of Commissioners (BOC) not limit
the cost of the forensic audit of the RRDA *I *BGR matter. A comprehensive
audit may require more than the $75,000 currently authorized.
Recommendation 2: The Grand
Jury recommends that the BOC pay the cost to publish the full and complete
results of said audit in the county legal organ and in the Cherokee Ledger
News as soon as the results are presented.
Recommendation 3: The Grand
Jury recommends that any investigation conducted pursuant to the
aforementioned forensic audit be pressed to the fullest extent.
Recommendation 4: The Grand
Jury recommends that the BOC continue its civil suit against Mr. Bobo et al.
Recommendation 5: The Grand
Jury recommends that the BOC *I *RRDA continue the previous May 2012 Grand
Jury recommendation to add equal number of nonelected citizen members to the
RRDA who are not county employees.
Recommendation 6: The Grand
Jury recommends that the County Administration include the complete assets of
the RRDA on the county books and subject those assets to complete and routine
audits.
Recommendation 7: The Grand
Jury recommends that the January 2013 Grand Jury continue the investigation
and fact finding into the RRDA *I *BGR matter.
Recommendation 8: The Grand
Jury recommends that the January 2013 Grand Jury investigate the
circumstances surrounding the Cherokee Office of Economic Development's
purchase of 53 acres at Highway 92 & James Dupree Road from Mr. Bobo et
al.
Recommendation 9: The Grand
Jury recommends that those recommendations of the previous May 2012 Grand
Jury that have not been accomplished be continued.
Recommendation 10: The
Grand Jury recommends that BOC employees be held accountable and or
disciplined for their actions in the RRDA *I *BGR matter.
Recommendation 11: The
Grand Jury recommends that the citizens of Cherokee County be diligent in
their oversight of their elected officials.
Recommendation 12: The
Grand Jury recommends that before any new real estate is purchased by any
entity of Cherokee County government that an appraisal, by a licensed
appraiser independent of purchaser or seller, be performed to assure that
Cherokee County is paying market prices.
Recommendation 13: The
Grand Jury recommends that *ALL *new capital assets purchased by Cherokee
County be immediately added to the county ledger books.
Recommendation 14: The
Grand Jury recommends that research be done to ensure that all current county
capital assets are presently carried on the county ledger books.
Michael Ameye, Grand Jury
Foreman
CHEROKEE COUNTY STATE OF
GEORGIA *ORDER*
It is ordered that the
within and foregoing Grand Jury Presentments having been read and considered,
the same be filed.
It is further ordered that
a copy of the Presentments along with a copy of this Order be sent to the
Cherokee Tribune for publication and the usual fees paid thereon.
This the 18th day of
December, 2012.
Ellen McElyea, Judge,
Superior Court, Blue Ridge Judicial Circuit
|
Source: Cherokee Tribune, Cherokee
County Public Records, Press Release from Carolyn Cosby Date: Dec 20, 2012: Carolyn Cosby is Canton GA Tea Party Leader.
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