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HomeMy WebLinkAbout1999/01/21 - Board of HealthMason County Board of Health Health Officer Bill Petty Appeal Hearing '\ ) January 21,1999 Page 1 of30 MASON COUNTY BOARD OF HEALTH HEALTH OFFICER Bill Petty Appeal Hearing January 21,1999 ATTENDANCE: Dr. Mark Trucksess, Health Officer Brad Banner, Health Services Director Steve Kutz, Personal Health Director Andrea Unger, Solid Waste Department Tami Griffey, Building Department Betty Wing, Supervisor PAC Bill Petty Ray Coleman Mrs. Ray Coleman Loretta Demianiw John Springer Jean Springer Sybil Jones Donald D. Jones James A. Wolf Earnest A. Mann, E&E Shellfish Nancy Plews, Clerk Sonja Rau, Transcriptionist The meeting began at 11:03 a.m.. Dr. Mark Trucksess: ...hear appeal. Unknown woman: Where are the Commissioners? Dr. Mark Trucksess: Commissioners aren't first. Nancy Plews: This is just before the...Health Officer. Dr. Mark Trucksess: I...I am the Hearing Officer. Nancy Plews: Beyond that then its.... Mason County Board of Health Health Officer Bill Petty Appeal Hearing January 21,1999 Page 2 of 30 Brad Banner: A lot of chatter. Nancy Plews: Ray Coleman: Brad Banner: Mrs. Ray Coleman: Ray Coleman: Mrs. Ray Coleman: Loretta Dominue: Ray Coleman: Brad Banner: Mrs. Ray Coleman: (Garbled)...hearing board. Thank you! They aren't going to be here? The process is on solid waste appeal, they go to Dr. Trucksess and then from Dr. Trucksess, if they were appealed beyond that, it would be to the Pollution Control Hearing Board. Why didn't the Commissioners tell us that? Yes! I was told they would be here, I set a meeting up with them. ...that they were going to be here. That is what she told him last week, that she would be here today. In fact she's the one that made the date. It was postponed from the 11t to today. (Garbled). Because of her. (Several talking at once - hard to hear.) Ray Coleman: Dr. Mark Trucksess: Ray Coleman: This is an issue that has been going on for 5 year and I wanted the Commissioners, all three here, and I asked for it and they've made their point! They generally don't these issues. Well, it doesn't do me very much good if my own politicians that's elected to work, instead of me having to go to court for a hearing. This is why I come here to them. And I am very disappointed that they aren't here. Mason County Board of Health Health Officer Bill Petty Appeal Hearing January 21,1999 Page 3 of 30 Brad Banner: Ray Coleman: Brad Banner: Ray, we had to move the meeting because it was too... ...No! Mary (Cady) may not even know where it is at, so we are going to contact her now. Ray Coleman: Ok. Brad Banner: Just remember, the purpose of the hearing is for Dr. Trucksess...you know, I mean.... Loretta Dominue: Yeah, but we were just lead to believe... Ray Coleman: I was lead to believe that my hearing would be today too. Both of them in connection. Brad Banner: I will go ahead and call Mary and...go ahead and do your thing here. Andrea Unger: I apologize! I am not familiar with this facility. Does anyone know where the phone is or does anybody have a cell phone? Nancy Plews: Tami? Tami Griffey: I don't have it with me, Nancy! (Several talking at once. Garbled.) Ray Coleman: My hearing Doctor is ah...against Bill Petty and the clan he has moved in on his property and my front door. Dr. Mark Trucksess: Well...that's all.... Ray Coleman: It is all solid waste and Mary Cady has worked with the Health Department since last April... Dr. Mark Trucksess: Well, you...you've signed in to testify and... Ray Coleman: Yes! Mason County Board of Health Health Officer BM Petty Appeal Hearing January 21,1999 Page 4 of 30 Dr. Mark Trucksess: Ray Coleman: Dr. Mark Trucksess: Ray Coleman: Dr. Mark Trucksess: Ray Coleman: Dr. Mark Trucksess: Ray Coleman: Dr. Mark Trucksess: Unknown lady: Dr. Mark Trucksess: Unknown lady: Dr. Mark Trucksess: Ray Coleman: Dr. Mark Trucksess: ...you'll be given and opportunity to testify. But I would sure love to have them Commissioners here because they promised they would be here. Ah...and they were as a committee present for, whatever you thought the change ah.... You was suppose to have Bill Petty's Appeal of his solid waste and his trailer's that's up there and she said this would be a good time to move my case ahead and have them both at the same time. I have asked all of my neighbors out here, that live out there to know what is going on. They were here to testify too. And we can't do it without the commissioners being here. Is all over the same things? All over the same property, but it's... A single hearing then and ah...we are looking to an appeal ah...of Mr. Petty, but...people will be able to testify on both sides of the issue. Ok! Ok! The... Please open the door. There is a lady out there. The fist thing that will happen is that we will have... Oh, here she is. Who is going to speak here? I am. The first thing that is going to happen is that we will get the chronology of the event from Andrea, up in the Health Department, perspective of what the chronology of the Mason County Board of Health Health Officer Bill Petty Appeal Hearing January 21,1999 Page 5 of 30 Nancy Plews: Dr. Mark Trucksess: Ray Coleman: events have been, and then we get to hear from the appellant. And we can hear from your side and then the appellant will have an opportunity to rebut and then you'll have an opportunity to rebut. And then the hearing will be over. I don't know...have you heard from the Commissioners? No sir! I didn't understand that they were going to be here so.... The Commissioners do not hear these appeals. I hear the appeals and then...aw...if there is a further appeal it goes to the Anti -Pollution Control Board in the State Office. The courts don't become involved and the Commissioner's don't become involved. I wish they would have made that plain, instead of sitting me up for this, but then I will go ahead with this too. I'll hear it and then I will testify. Dr. Mark Trucksess: Are you ready to start or do you want to wait and see if a Commissioner will show up? Ray Coleman: I think ah...the Commissioner's should be here. Let's wait...you can go ahead and start with Bill Petty's party over here, if he is representing Bill Petty. Dr. Mark Trucksess: Yeah, will start with Andrea. Andrea, would you go ahead and give us a chronology of the events? Andrea Unger: Is this thing...like...I am actually on? Nancy Plews: Just move it around. Andrea Unger: My name is Andrea Unger and I work for the Mason County Health Department in the Solid Waste Division for am...solid waste. And I ah...investigate solid waste complaints. Lets see.... There is some background that started before I was here regarding the property at 1701 Agate Loop Road. It is owned by Mr. William Petty. Mason County Board of Health Health Officer Bill Petty Appeal Hearing January 21,1999 Page 6 of 30 And...there have been numerous complaints regarding ah...septic and solid waste issues. Um...lets see...but the main appeal that Mr. Petty is talking about was the...the decision that the mobile home listed on...located on that property is ah...solid waste. Ah...ok. Some chronological information. I will pass out a few of these so everyone can have one. Two. Pass them around so that everybody could follow along. I try to beg your indulgence while I read through them. (Refer to the "Petty Chronological Profile On Mobile Home). On 5-25-93 a complaint was received that a travel trailer was moved on -site and being dismantled. Ah...on 5-26-93 was moved onto the property without permits. On 5-26-93 I see the mobile home in question was moved onto the property without permits. Ah...on 5-26-93 there is a site inspection by the Mason County Building Department and all structures were posted for non -occupancy. Loretta Dominue: You know, I can't hear you at all! I am tired of reading your lips! Andrea Unger: Ok...well I will try speaking louder. Is that ok? Loretta Dominue: Please! Andrea Unger: Ah...I am just reading, basically, the chronological events that occurred. So if you missed something, it is basically that I am just reading for the record. Loretta Dominue: Ok! Thank you! Andrea Unger: Ok. Ah...Mr. Petty was informed over the phone that the mobile home was illegal and not block property and the lean-to was Mason County Board of Health Health Officer Bill Petty Appeal Hearing January 21,1999 Page 7 of 30 not permitted and the wood stove was a hazard. On 8-16-1993 Mr. Petty called and requested a meeting on the site to go over the mobile home deficiencies. Ah...on 11-5-93 a list was sent to Mr. Petty about the deficiencies on the mobile home, that needed to be corrected. Ah...on 11-18-93 a letter was sent to Mr. Petty. Ah...um...a letter sent to Petty to inform us of his intentions to bring the mobile home into compliance by 12-01-93. Ah...there was a structure on the site that was a burnt garage, um... and the demolition of the garage occurred. And that was paid for by Mason County funds, wasn't it? Unknown Person: Building Department! Andrea Unger: Yeah, by the Building Department because it was a dangerous structure. There was a complaint um...regarding the mobile home that was being occupied. I assume at this time, it still was in a... ah, in compliance with regulations. On 12-13-94 there was suppose to be no -occupy the mobile home and refer to Environmental Health, as they had the original poster on it because of septic problem on the site. Ah...on 8-14-97 um...there was a noncompliance. A new enforcement case was started on it. Ah...on 8-29-97 a site inspection by Tani Griffey. Tami Griffey or Betty Wing: I was there. Andrea Unger: (J ...Tami Griffey and Betty Wing, to review the unit as a 1997 Abatement Project. Mason County Building Department has very few funds to abate dangerous structures. Um...the deficiency to the time, where a chimney had fallen through and tipped out the section of roof. The shed in the back Mason County Board of Health Health Officer Bill Petty Appeal Hearing January 21,1999 Page 8 of 30 was deteriorating, showing the mobile home as caved in. Window were broken. Um...there is also sides to the unit being used as a party location. On 8-22-97 ah...they received a call, wanting to know why the inspector was on -site. Ah...the Building Department on 8-29-97 received a bid on the demolition from a contractor ah...for the abatement of this mobile home. Um...just the following information: wanted to get the County an approximate idea of the cost involved and Wilson made a formal bid when opening was announced. Meet with Mike Green of the fire district...the Building Department...Mason County Building Department meet with Mike Green of Fire District 5 for the possible use of the structure as a training fire...for a training fire, the process of performing the abatement. 10-01-97 they received a call wanting to know why I was there with the fire district. 10-19-97 a Notice and Order for Abatement on the mobile home was sent to Bill Petty for action for...ah abating the problem by 12-07-97. By 10-09-97 um...Certified Notice and Order for the demolition, returned unclaimed after three attempts. On 11-04-97 letters requesting appeal to discuss a resolution. Appeal was not filed for guidelines in the Notice and Order. On 11-04-97 Fire District 5 contacted and can do the burn in 2 weeks. We need to have the trees trimmed and they will send us a form granting authorization from the Olympic Air Pollution Control Authority. Ah...at this time the building department...the mobile home had deteriorated to such a state that Tami Griffey and I um...Andrea Unger had ah...discussed the issue and it had y-� Mason County Board of Health Health Officer Bill Petty Appeal Hearing January 21,1999 Page 9 of 30 deteriorated to such a state that it failed a Solid State issue, so it was turned over to the Environmental Health section ah...for a solid waste abatement. That is when I came on. The third page ah...will have ah...for my chronological events for the Health Department. On 9-15-(98) I did a site inspection ah...for sewage problems and solid waste complaints. Ah... during the site infec...site inspection I found the solid waste issues. I also have pictures that I will submit when I am done with this. Ah...there are appliances - there were six of them, there was furniture, there was a couple of mattresses, a couch. These were all outside. There was a couple of tires, there was two actual trailers, ah...pulled behind trailers and a mobile home with broken windows. The interior walls were mostly gone, chicken wires strung everywhere in the mobile home and moss is drying inside the mobile home. On 10-02-98 a site •inspection was done with Pam Denton, another ah...sanitarian with Mason County Health Department, because she had a history with the property. She knew about the septic issues and ah...at that time it was found that one of the septic systems was still working, so we allowed the people to hook up to that one septic system. I talked to the renters at the property, it was Bob and Georgia Lee, about septic and solid waste issues. I gave them about 20 days to get rid of the solid waste violations. Ah...m I talked to them about the mobile home and he said he could and would dismantle it. Ah...m you know basically I just discussed it with him, saying it was a dangerous structure, it needed to be taken care of. At the time he said he could dismantle it, cause he could sell it...sell the parts for aluminum. Dr. Mark Trucksess: Was he the renter? Andrea Unger: Well...I...I am unsure of the actual relationship. It is my understanding that he might be buying the property from Mr. Petty but the property is still listed in Mr. Petty's name due to the tax records, Mason County Tax Records...you Mason County Board of Health Health Officer Bill Petty Appeal Hearing January 21,1999 Page 10 of 30 know. They are living onsite in a little travel trailer. Um...they actually have done some cleanup work. They have gotten rid of the couch and the mattresses um.... So, at the time the mobile home was just kinda sitting there. I didn't know if he had the authority or not. But I talk to the people onsite when I do and inspection if they are there. Ok, on 10-12-98 We did a site inspection with Jodi Holdcroft and a sheriff's deputy. Um...there was a trailer behind the mobile home - this is a little pull behind trailer - and we found someone was sleeping in the trailer. There is solid waste around...all around the trailer. And I...we woke Mr. Brown up and ah...told him that he had 3 days to remove all the solid waste from around the trailer. Um...and I would reinspect. I reinspected...ah...I didn't write down about...almost a week later and some of the solid waste had been abated, but not much of it. I...I will submit pictures. Ah...the mobile home was still there I...when I...when I was doing the site inspection the mobile home was still there. I took a peek inside and all the moss had been removed but all the chicken wire and everything was still there. On 10-26-(98) we posted the small travel trailer because there was no proper sewage facilities and someone was living in there. The small travel trailer behind the mobile home in question, and some...some of the solid waste had been abated but not all of it. On 11-12-(98) I mailed a Notice and Order to Mr. Petty for the Solid Waste Violation. I gave him until December 21 to abate the •violations. On 11-23-(98) I sent an Amend Notice and Order to Mr. Petty, because the first Notice and Order that I mailed out lacked a um...one of the parcel numbers, for the property out there. And on 11-24-98 I received an appeal request from Mr. Petty debating the issue that the mobile home is a solid waste issue. Mason County Board of Health Health Officer Bill Petty Appeal Hearing January 21,1999 Page 11 of 30 Ray Coleman: Andrea Unger: Ah...during this time I have discussed the issue with Mason County Prosecutor Mike Cliff and the mobile home can be considered a solid waste. At this time I am going to submit pictures to Dr. Trucksess, so he can see them. With a history on those. I also did a site inspection this morning, which was 1-21-99 and the mobile home was still onsite. Ah...the renter or buyer, Mr. Bobby Lee, was out and he was dismantling a small travel trailer, Um...some of the solid waste violations had been abated and it also looked like the mobile home in question, was being taken apart, somewhat, because some of the pieces of metal are missing. Um...I cannot quarante that is what they are doing, they could just be using.... And also the appliance noted in the first inspection of 9-23 have been removed. The small travel trailer behind the mobile home is still in place and ah...and the ah...the solid waste violations were still in effect on those ones. I will now submit the pictures. If I may, as I suggested early, she should have been a half- hour early. The waste that she is talking about Doctor, that was hauled, Bill Petty was out there at 8 o'clock this morning with four guys and they loaded up a truck load of garbage there. The rest of it is grow'd over and I have pictures to give you too, since `93. That was today's inspection. That is the pictures of the mobile home in question, ah...to show actually it is ah...really beyond repairing. So that is how...that's how ah...the mobile home is started whether it is a solid waste issue, is that when it is beyond repair a decision made by the Mason County Building Department then becomes a solid waste issue. Here is some formal pictures of the previous site inspection. Like a through there. They go back to like `93. So I will make sure everyone digs through them all, but most of them are dated. This is the small travel trailer behind the mobile home, the one with... piled with.... Mason County Board of Health Health Officer Bill Petty Appeal Bearing January 21,1999 Page 12 of30 Ray Coleman: Loretta Dominue: (Cough!) That a mobile home right there? Mobile home doesn't leave things. Not that thing! (Garbled) Several people talking softly to pick up on the microphone and tape. Unknown Person: Dr. Mark Trucksess: Andrea Unger: Unknown Male Voice: Andrea Unger: Unknown Male Voice: Andrea Unger: Unknown Male Voice: Andrea Unger: Unknown Male Voice: Andrea Unger: Ray Coleman: Andrea Unger: There is a bunch of photo vents (?). (Asked a question - too soft to hear.) Yeah, that is the only ones that have been removed. There were a couple of couches and mattresses that had been removed. (Garbled due to others talking. - can't pick it up.) Excuse me ma'am. Is that travel trailer that is flipped in there on the ah...right off the road now? Is that the one that was in the back, or is it another one. That is another one. So there is three there? No, there is three travel trailers now. And that didn't look like it was in too good of shape either. When you say... Well, they were dismantling this morning. Ah... Were you there this morning? Yes, Mr. Lee was dismantling one of the mobile homes. And I am sorry, one of the travel trailers this morning - the one that is pulled right up on the driveway. I bet he didn't have a permit to dismantle it with his stuff, did he? I do not know. Ah...that's... Mason County Board of Health Health Officer Bill Petty Appeal Heating January 21,1999 Page 13 of 30 Ray Coleman: Dr. Mark Trucksess: Andrea Unger: Dr. Mark Trucksess: Andrea Unger: Dr. Mark Trucksess: Andrea Unger: Dr. Mark Trucksess: Andrea Unger: Dr. Mark Trucksess: Bill Petty: Dr. Mark Trucksess: Bill Petty: That is Bill Petty for you! Can you tell me about the Notice and Order...do you have a copy of those? Yes, I do! There is a...for the...this is for the Building Department and this is the Notice and Order that I sent out. This is November 1st• So it is still active? Yeah, that is the Amend Notice and Order. I had forgotten one of the parcel numbers. That was omitted. The other one below is exactly the same, except for I added the parcel number for the Amended Notice and Order. What is the timing? I had given him until December 21' to resolve the solid waste, including the mobile home. Ok, so that is the same ? No, it had not been removed. Now we will hear the appeal. Mr. Petty. Now what was you...? Ready to hear your appeal. Oh, ok! As you have well noticed that this goes back sometime, and unfortunately, and it is really unfortunate, that I depend on other people and it is very apparent that their word is not very good. And so I end up...you know, having to take the blame for it. And it is very...and also after careful observation...somebody, and who knows, who all is involved, used it apparently, as a dumping grounds. And I don't know...have the slightest idea where some of that even came from. And I am rarely ever out there and when there is a problem, I generally call or try and get a Mason County Board of Health Health Officer Bill Petty Appeal Hearing January 21,1999 Page 14 of 30 message to somebody that is there to...whatever the problem is to have them take care of it. And as I find out that...just is...a very sad situation is it? Can't be taken care of. So what I have done, and I think one of the main solutions, is going to ah...get rid of...or evicted this Mr. Lee that is supposedly going to buy the property; has always got this big song that he's got some big settlement coming and going to pay for it. Well, that hasn't happened and fortunately just...the problem continues to get worse. And so I have given him an eviction notice as of yesterday and hopefully, that will start the ball moving. But I have extremely little income, as far as, having to hire somebody to come in and do a...a major removal or disposal program. Dr. Mark Trucksess: Um...uh...what happen to the opportunity to burn down the... Bill Petty: That, I never knew about that at all. I don't know what the situation was. Dr. Mark Trucksess: You don't know why that never occurred? Tami Griffey: Ah...I am Tami Griffey with the Mason County Building, Department. At the time of that, Mr. Petty was such a long lingering violation. It had been going on for about 4 years. The Building Department reached the end of the year and we had a little bit of funding left in our abatement fund and had hoped with the fire district's cooperation that we would be able to take care of the problem and pay for it with what we had left in the fund. But after finding out we would have to have trees trimmed and the cost of debris disposal - we were unable to proceed with it. At that point it was actually a solid waste issue but knowing that Andrea and that Department did not have funding to abate those type of problems, we were hoping we could but as it turned out, financially we could not proceed. Second Unknown Male: I would have trimmed the trees for nothing, if I'd a known about it. I would have! Dr. Mark Trucksess: So the...your appeal is basically is that you can not afford to lylason County Board of Health Health Officer Bill Petty Appeal Hearing January 21,1999 Page 15 of 30 Bill Petty: Tami Griffey: Andrea Unger: abate the problem? Well...especially the mobile home. And I am not sure...I was totally unaware of the fire department solution. And ah...Mr. Lee had said something about tearing it apart and it is obvious today that ah...it, you know...it really is...his word is totally unreliable. So we are hoping with everyone cooperating in helping we could have helped take care of it...but, you know...it hasn't happened. Regarding the fire district? Mr. Petty was mailed a notice in order for abatement and within that, the building code allows us to do what ever deemed necessary to abate the violation. At that point, because of funding, we contacted fire district in hopes that they might use it as a practice burn. Mr. Petty did respond...he didn't pickup the certified mail, but he responded with a letter for mail that he would like to appeal our proposed Notice and Order demolish that mobile. Though...the reason he never heard about the fire is because that Notice and Order...the appeal was not filed properly and because the abatement code doesn't say how we are going to go about getting rid of something. Just that we have the ability to do so. However we deem necessary. The Notice and Order for abatement were sent October 6th with a final date by December 7th, 1997 and Mr. Petty letter appealing that was received by our office on November 41, 1997. And then the first part of 1998 is when we started ah...I believe when we started with the fire department or...the end of 1997. Tami Griffey: The end of '97. Andrea Unger: At the end of `97. Yeah, it was at the end of the year. Dr. Mark Trucksess: Do you have anything more to say? Bill Petty: Not at this moment. Dr. Mark Trucksess: (Too soft, can't hear.) Mason County Board of Health Health Officer Bill Petty Appeal Hearing January 21,1999 Page 16 of 30 Ray Coleman: Ok! Well, this goes back, like the young lady says to 1993. April the 5th, 1993 Bill Petty purposely moved in, had 18 living souls in two big trailers there. The people was honest enough to come over and tell me that the septic drain field is puddled 3 to 4 inches deep all over. The one trailer, that the lady here says that they found out works, was filling up with rain and pouring back into the bathroom. What the little boys told me, he said, "Grandpa, I'd like to spend Christmas with you. Are house is bad!" I notified the Health Department and here is the copies. Now, I made 83 copies, no 88 copies of violations that Bill Petty has allowed to go on out there and sent to the Commissioners and that is why I am very disappointed they're not here. They promised me they would be here. It says right here, "It was determined during the inspection that both drain fields have failed. I want to know what happen since then to now that they can come out and tell this clan that they can hook up back there on the drain field that flows. When I asked them about it with my attorney, we went over and talked to Brad (Banner) and we were suppose to meet and see some files and some papers they had on it and I was told then that they made a mistake back in '93. No, there was no mistake made! Bill Petty knows that ground won't hold it. He sold the place, purposely, to an elderly couple in '94 and the man come and ask me, introduced his'self, nice couple, going to be a neighbor and he is going to put a double -wide on that tract. And then a neighbor guy told him, "If I was you, I would go down and check with the Health Department. The drain fields are condemned." The man brought a backhoe two days later and dug drain field test holes. I had my friend James Wolfe over here was with me, it was determined by the inspector that there was only 20 inches of usable dirt and that it would not work by a regular drain field. They would have to put a top drain field, special. The man wouldn't pay it because Bill wouldn't lower the price on his property. He wanted to sell a pig n' a poke to the man. Now, go back to 1993 of November - talking about this trailer. Bill Petty moved this trailer in, your talking about right now, without any permits whatsoever. And here is a C Mason County Board of Health Health Officer Bill Petty Appeal Hearing January 21,1999 Page 17 of 30 whole list the County Inspectors come out and set him a copy to upgrade. The deck is wrong on it. Should have been put out of material.... The trailer is setting wrong. He didn't even get a building permit to put it in when he hooked up the septic tank. They also built a lean -two garage - about a 20 x 16 room. There was no permit for that. Bill Petty is the biggest violator of Mason County's permits or anything else. This property that he was talking about, that they hauled in and put their...know about their garbage - I purposely seen him, himself bring in a little blue trailer, it is made out of a truck bed, it was loaded with washing machines, dryers and whatsoever. Now, I have so pictures here that I want to show you of '93 that I was complaining about. It is all grow'd over all the way now. But, Bill Petty was out there this morning at 8 o'clock this morning with a truck, two to four men. He loaded a big load of stuff to get out. He is back there pulling metal out of that. That is machine cuttings from machine shop, a whole truck load of aluminum draining into the ground. There is a truck load of brass back there draining into the ground. If you'll notice this is Bill Petty's well, where all that garbage is up against. Most of it is grown over andI meant to get to'um. Brad and his people, the lady, you, and I appreciate her meeting with me. She was just getting through training this year, in April, I think, or May. She wanted to know what she had to do - go back and wade through the briars to see it? I told her no, that I had pictures of it. And this goes on and on. In 1994, Bill Petty was trying to pull the wool over the County's eyes again, he asked for a variance to change that piece of property to two to four acres into two lots. The County Commissioner's and them went ahead, and Brian, and they let him on the property line, 12 inches, about 20 x 16 garage, about 12 x 20. These new people he put in out there now, are nothing but a blinds. He figured he could get them hooked up to the septic system, now he can say I...the sep...the septic system works and it don't. I want to know what kind of double standard that the County Health Department is doing for that. That is a double standard. They are cheating the other honest residents in Mason Mason County Board of Health Health Officer BM Petty Appeal Hearing January 21,1999 Page 18 of 30 Andrea Unger: Ray Coleman: County that pays their taxes, get their permits, and so forth. Now, these people that move in there again, she says, supposedly buy it. You know we have a regulation that says build a house or build within 10 feet of the property line. I got some more pictures here. That says five feet from the property line? Ten feet from This is the picture of the trailer in concern now, that they are calling the 1701. See that whole thing was 1701 at that time. These people took part of round poles and they moved that section of the building and sit it smack dab on top of Bill Petty's property line. He knows this and was out looking at it this morning. There is not anything here in 88 pages that I sent to the Commissioners, each one of them. It is letters to Bill Petty from `93 all the way up and this is the last one that I got. It says: "The Mason County Department of Health Services is submitting three cases to the prosecuting attorney of Bill Petty's property of solid waste." Right down here, this is on July 22, 1994: "At this time Mr. Petty has been issued civil penalties, up to $25.00 a day until he cleans that up." Right now he don't own it. If Cliff would went ahead and put this sued and behaved like he wanted to, the County would own the property because Bill Petty's fines would go more than it is worth. They haven't done a thing. I have been trying to get something done out there for five year. I got other picture here. It was done back then. This is a picture of the garage that was built onto the house, that the demolition come out and burnt down. Instead of Bill Petty going ahead and getting a permit the way he was suppose and fix that garage up and make it safe; he come out there and nailed firewood over it one day. The next couple of days I looked out and there was com...demolition a truck. And pictures over here of the Health Department tearing it down. They should have tore down the garage while they was at it. This is what I lived with `93, '94 due to the fact that Bill Petty's property was too sore dots dumping out and running into county to hitch (?). That is the inside of that trailer right now. That was Mason County Board of Health Health Officer Bill Petty Appeal Hearing January 21,1999 Page 19 of 30 Dr. Mark Trucksess: Ray Coleman: Dr. Mark Trucksess: took in `93. He is trying to say it was for rent. This year in April, the travel trailer moved in. A week later two more moved in with no facilities for outside toilets or anything! They've been a using the brush there. You can see them, I've seen them. I got a neighbor here that seen `um. It is in violation all the way down and that is reported to the County Health Department down here. And I feel that they are running a double standard there yet. There is a big hole back there where the baby diapers were dumped in and they covered that over. They...numerous violations. He has not got one permit in Mason County on this property and he has a habit, as they said here...I went down to this...(cough)...excuse me...this prosecutor office in '94 and I was asked if I would be a witness for this county against Bill Petty and I told him I could be more than a witness. Back then the Health Department sent me a copy of every piece of paper that was done. You had good people. You had a different set of Commissioners in there and they sat down and they moved these people out and cleaned it up. And now I am right back like I was in `93, only, worse. I counted 20 people over there in that little garage that Bill Petty got a variance line to run close to it, 12 inches. That is right, the one man moved out of that little trailer. I've got five or six of `um living in that thing now and they cut a hole through the wall and put a stove in it. You...one lady stopped the other day and called the fire department, they thought it was on fire. The Health Department ain't done a dam thing! Excuse my language about it. It...it is considered by her at that time as dirty housekeeping. I want to ask you another question too, Dr., while we're here. Is it true that hepatitis and diseases can be carried by garbage rats that through human feces and failed septic systems? Not that I know of. I didn't understand it? Not that I know of. No! Mason County Board of Health Health Officer Bill Petty Appeal Healing January 21,1999 Page 20 of 30 Ray Coleman: You don't think it can do that? Dr. Mark Trucksess: No! Ray Coleman: Well, as far back as my school records that I went, there was diseases, blue plague and a lot of them scattered by rats and fleas... Dr. Mark Trucksess: There are some diseases... Ray Coleman: Yeah! What I want to show you what I am living with. (Ray Coleman reached in a bag and took out a plastic bag with a dead rat in it.) Ray Coleman: There is an eight inch rat and that is what is running all over Bill Petty's damn property out there. They get under my floor and they are trying to get up into the , they are chewing holes. This come up since April because these people over there are throwing all their garbage out and stuff and I want to know why? That is why I asked the Commissioner's and they set this meet'in up. She said I don't have to sell to get away from Bill Petty's garbage dump. I am an asking that Bill Petty move these people out like he claims he is going to. I want him to demolish that trailer and clean up the rest of the pollution back there and the solid waste and put in a proper system out there if he is going to sell it to people...come on be honest! Tell them that the drain field don't work. I was told that they could hook up to it, although, it will probably fail. Now don't that make sense? It took me 3 years to get the damn sewage cleaned out of my property, because it runs out over on me. I am putting up $4,000 in my pasture alone, with a Government Grant, to try and protect the water and stuff. Here's a guy fluting the whole damn . I am sorry if you think I am upset, but when you deal 5 years with a polluter and he gets by with it, just like he did this morning. He run out there before the lady took pictures, had these guys load up a big truck of junk and haul it out. It was right in the ditch line. They couldn't even see four months after complaining about our trailer there. They moved in a trailer, they brought the windows and guess what? There Mason County Board off Health Health Officer Bill Petty Appeal Hearing January 21,1999 Page 21 of 30 Mrs. Ray Coleman: was an explosion and there was a fire. The guy beat the fire out and two days later they come back and hid that same trailer, she is talking about, in behind. Two months later we had a narcotic's raid. I got up in the morning and sat on my front porch and watched. Five narcotic cops and Mason County. They took two of them with them when they left, plus the goat they had. And you think I could get any information on that? They said, Bob Lee's wife, Georgia Lee may pull time and she may not. That is what we're living with out there and I thank my God that the neighbors that is out here, they live with it, they drive by and they see it. I'm asking the County to do something about it. I am Ray's wife and I would just like to ask if the deal where you said the amount of appliances and household furniture that someone illegally dumped will be disposed of. All of that material was brought in by him or Bobby Lee. The furniture, the couch...the furniture that was sitting outside was brought out by Bobby Lee. I that I am a smoker and I usually sit out on my front porch to have a cigarette and I watched them do it. Earnest Mann: I got a question. I have a little shellfish operation down in Hammersly Inlet... Dr. Mark Trucksess: (Garbled) Earnest Mann: Mann, Earnest Mann. E&E Shellfish. And my concern is that failed septic system because the water runs right across the road from where they are parking right now. And I gather they are parking right on top of the drain field, right at this moment. There is about 6 inches of mud there and with the heavy rain the other day, it was actually running down the ditch and around the corner and through the culvert, where it normally don't go. Normally it goes across the road over to Rays and then it goes down about a... Loretta Dominue: (Garbled) Earnest Mann: Joh...John's property and then it runs into a creek down there, except it runs right out across my property, right out Mason County Board of Health Health Officer Bill Petty Appeal Hearing January 21,1999 Page 22 of 30 Brad Banner: Earnest Mann: Brad Banner: Earnest Mann: on my beach. Now if that is a failed septic system it is going to contaminate the whole beach. There is about 4 different clams and oysters coming in right along there, in that area. It's going to be affected big time! And a...we could have a real problem there with a...well, hepatitis, typhoid or anything else that comes down there. And this is a big concern. That has to be addressed! Could I real quick so that people can kind of get on with the main issue, what the appeal is about. I am Brad Banner, Health Services Director. Ah...we researched this and I talked to Ray and he doesn't agree with us, but he does mention that we talked about this and it has been explained a numerous times about these septic systems. There are two septic systems out there that were fairly close to and our Department at one time thought both of those were failing. Since that original time that we said that, a couple of things have happened. We have actually had the chance to dig down into that septic system and also down in the ground and see how much vertical separation there is. We determined a...that the system with that little trailer there with that little fence around it - that system is functional, that it is working. We feel that it is probably will work, in spite of the marginal conditions as long as it doesn't get heavy use. If it were to have like a...a lot of use it could fail. And what we have done is, we've said please let us know if you see any signs of scattering and we'll go out there and investigate it. But we...I've been out there myself. I don't see the thing is failing right now. There are a lot of septic systems in the County that are...are marginal. We don't go in there and bust people and make them fix them unless they are failing. That one is not failing! I completely understand that, and I appreciate that. But, I...is the drain field where they park? The drain field is a...down in front, closer to the road. It is outside of that. Are they parking on the drain field? Is the truck... Mason County Board of Health Health Officer Bill Petty Appeal Hearing January 21,1999 Page 23 of 30 Brad Banner: Unknown Female voice: Earnest Mann: Brad Banner: Earnest Mann: Brad Banner: Earnest Mann: Brad Banner: Earnest Mann: Brad Banner: Earnest Mann: Brad Banner: I am out of not....hand on that. Ah... That should be checked. Ok. ...because if this is resolved, out it comes! Yeah! (Garbled - can't understand.) We will check that again. And...and anytime... I can call the Department in town, where I get my health... Right! At the Department of Health. Has the...a bank come down there and check that down there and make sure we aren't getting anything in there, because I sure wouldn't want to get anybody sick. Right! I don't blame ya... All talking at once and can't understand. Earnest Mann: Brad Banner: Earnest Mann: John Springer: Brad Banner: John Springer: We had a little some of that in the early 1900's in Seattle. We'll look at that parking again. Yeah, there is a lot of...there's a lot of money involved down there. I mean a.... Can we get a print out of where the drain field is? Yeah, we can...we can do a...a...right we can do that. it's your own? Mason County Board of Health Health Officer Bill Petty Appeal Hearing January 21,1999 Page 24 of 30 Brad Banner: Ray Coleman: Loretta Dominue: Ray Coleman: And we got...let me a...your signed up on that sign up sheet? If we could...got a...if we could put a star by it. How about after the hearing? Give me your name, telephone number, address and I will send this off to you. I would like to answer back to Brad. It is a bunch of horse hockey what he is talking about. This drain field, where they are parking, the drain field runs out through and up in behind this, sir. They are within a few feet of it. But when it rains like it has been that ditch is for the drain field, it only has about 20 inches and it is hard pan. It fill up full and it backs right into the trailers. Now he said this little trailer is not being in as much. Where's he think these x fifteen or twenty of these people are going if there not using it or running out into the brush. That's predictable. It did fail! They kept it down and told numerous people that wanted to buy it, that it had failed for 5 years. Now he comes up with this horse monocky that they figured they made a mistake, that it didn't fail? I walked Mark, the past sitting Commissioner out there, and another gentleman with him and we walked right out by my well house, across to my drain field. When I come back I asked Mark, I said, "It's kind'a muddy, isn't it?" and he said, "Yeah!" I said, "You know what your walking in?" He said, "Will mud." I said, "It is human dung that they dug a ditch from these trailers where Bill Petty's drain field had failed, into the county ditch." It comes through a culvert and runs down then 30 feet of my well and down on these people's property. Now he can sit over here, this boy, and say they made a mistake on that drain field, but where they going to answer to decent people that is willing to buy and put beautiful homes there. He said it don't...won't perk. These people dug test holes! Had Petty and all of them there look. Jim was with her. She got in the hole and I was right there, and she said, "It do not pass for a system." Will that is not a special design that Brad is talking about. It is the same one that failed in '93. That is why I am upset! That is why the Commissioner's let me down. They was Mason County Board of Health Health Officer Bill Petty Appeal Hearing January 21,1999 Page 25 of 30 suppose to be here. I have been on this with Mary Cady since April. She said this is priority one, this septic system and this pollution out on Bill Petty's. I surely hell hate to let it be priority three. I would be dead. These people could not go and look. I said, there is something funny going on in that trailer that had the fire in it. It is in behind there. Four months! And finally I got mad and went to Mary Cady and she drove by one time and seen it. Now what do you think of that? Then they come out. Brad said he had been there. He come out the morning he was suppose to meet with me and my attorney and hash this out, but he wasn't there to meet us. There was no form showed. I was told then that I was full of horse monokey, that they made a mistake. They want to let him use this drain field. We11 my point was - I told Mary Cady I said, that's fine. It has already been proved that it failed. If it fails again, by the County has bought a farm because I will sue them. That's where the double standard. Mary Cady herself said, the Health Department is doing a double standard. You don't go five year on a hole till you rules your regulation and then turn around and say, oh well, I made a mistake. Now what I did do - this is a form filled out. I checked on it. Since I have been here working on my place, painting the fences and building it up and trying to be a decent man about it, and protect the water, I got a hell of a creek running through there in the winter time. These guys know it. It goes over their property. I was turned into the state and the government for dumping manure in a creek. I had a guy come out there and video tape me, he video taped the man that was working for me. But I was a working, thank God, under a government grant and all the forms then. I was put'n in a water stream. Why would I put water stream rocks... drains on one side of my property to take care of the buffalo manure that would keep it off the bay and people and have this guy move out 15 to 20 people out there and let them squat anywhere they want to and run over on my property. I don't understand it Brad, I don't understand it at all. I have asked the County to cut my property tax 50% - I filled the forms - due to the fact that Bill Petty, and the Health Department has let him to do it, and they have downgraded that property into a cesspool Mason County Board of Health Health Officer Bill Petty Appeal Hearing January 21,1999 Page 26 of 30 out there. Mark Trucksess: Do you have any further comments? Bill Petty: Ray Coleman: Bill Petty: Ray Coleman: Will its...I hope it is not totally out of line by saying it a....it is very obvious that some of these facts are totally misconstrued and possibly what you might call some personal feeling involved beyond the facts and if I was in Mr. Coleman's position, I'm sure I would feel the same but I hope I would get the facts a little straighter than what they may have been presented. But a...I am more than willing to do my share to make sure things are taken care of out there. But it...my problem is, it's going to take a little bit of time. I think the first priority to...be to get rid of the squatters that are on there and I have already started that. But I may need some help. But I don't know what exactly the regulations are or how you go about enforcing ah...an eviction. That is something I will have to look into and something I may need some help on because there is a li...a small child, a baby, involved and again I am not sure what regulations we have to go through to get them out of there. Why not use the regulation here that was written in '93 and `94? Says there is no septic system there. The County moved out the people that lived there before, because it failed. As I have been preaching since I have been here, it still failed. I think in that case and I think like Brad was saying, there are two separate systems and it is very obvious and agreeable that...yes one of them did fail because of the extremely heavy use. The other one was constructed according to County designs and is doing fine. This is what I am going by and if it's fine...I got papers there signed by at least seven people, all the way up to prosecuting attorney's. That says both drain field's failed. It don't say a damn thing about one. Every paper I got here, there is over a hundred of 'ern and every one of them was sent to me by the Health Department Mason County Board of Health Health Officer BM Petty Appeal Hearing January 21,1999 Page 27 of 30 Loretta Dominue: and everyone of them was signed! Since April I can't get squat out of them. You know why? Because there not doing their job. Paper show you do your job. I live just ah:..west of Coleman. My property joins Coleman,s or Coleman's joins mine. Umhu! I have had my neighbor and my brother set traps to catch rats along my east boundaries. My brother never counted them. He just got a... spites and picked them up, put them in a barrel and poured kerosine on them and burned them. Because when he had me contact the County to find out how to dispose of them, if we caught any. We waited 32 days before we set traps or before he even shot any and we never heard to this day from the County. So my brother said, by , enough is enough! If we can't go out and sit on a lounge with out these blankety, blanks chasing your dog; and my dog is on a chain when he is outside. He said his dog is a little terrier who would like to kill them, but like he said, they would probably poison her. So he took to shooting, and trapping and burning. Then finally, I never saw any sign of rats. I don't know whether Ray began to catch'm, otherwise or what. Then in July I went on Agate Loop to go to visit a friend on Sunset and here is a women dumping a bucket, of what looks like human waste, and a man and women holding their nose and going oh, my ! About two or three weeks later and here was a man, about 50 years old. Tall, slender, dark-haired man - dropped his pants, proceeded to have a bm, then he proceeded to have a urination. And jiggled himself and picked up his britches. Turn around and sort of waved at me as I drove by. I didn't think it was funny! And after all this is not done, usually by human beings. Even my dog goes out by a bush to poop! Then I went to stop and see Ray's baby buffalo. And I stopped, not quite, near their driveway. And I am looking at this baby out there that is new born, I mean it is new! My dog be...that is in the car with me, began to growl and I looked and here were three husky men coming that had pieces of 2 x 4's in their hands, raised up like this. And I said, "Oh, are you coming to see the baby too?" And the younger of the three men said, "Oh, your not spying onus?" And I said, "Oh, are you interesting? Gee, what is so Mason County Board of Health Health Officer Bill Petty Appeal Hearing January 21,1999 Page 28 of 30 interesting that I should look at you?" Now there intent was to damage or hopefully I guess, to damage me. And I was on County property, my car was running and I got so if I am going to look...whether Ray is home or not, I pull into Ray's driveway. It is not even safe to drive 20 miles an hour between the corner of Agate Loop and Crestview Drive and the drainage. Once your past there you can sit in the middle of the road, providing your not blocking it for other traffic. But not where those people are adjacent to you! Apparently they are doing something that is illegal or why would they take offence? And another thing - the other day I decided to open my bedroom windows on the eastside of the house, which faces that direction, not realizing there was a breeze coming from that direction. My whole house stunk of human waste, not of the buffalo waste, of human dung! And I had to spray my house, I had to burn vinegar water on the stove to get rid of it. The summer is worse! I can't open any window, at all! Only on the far westside of the house in the summer. And to have this...my home...I have been a widow now for almost 6 years. My husband was ill for 14 years before he died and I have tried to maintain this decently by myself, because I am on a very limited income. But, to have a man sit there, a physically fit man, obviously...maybe he has had cancer, I don't know. He's...looks like he's never had a heart attack. I am a cancer and a heart attack victim. I just had a heart attack Tuesday. And when I have some energy and I go out and pick up some limbs, that the winds knocked down. And I stack for burning. I don't think I should have anybody come and say, hey that has to be burned right away. But I keep my yard neat. Anybody that drives by in the summer will tell you, I am out there on my tractor mowing when I am physically able. I am almost 72 years old and to have a man, who looks perfectly fit, tell us that he is on the low income. Oh, I am on a low income! But nothing ever hurt sweating a little bit. If I can go out and pull limbs, he can clean up some of that garbage and he can get rid of the fecal material and get rid of the rats. We got a summer coming up, and this winter being as cold and wet as it is - we may have a very, very hot summer! I dread Mason County Board of Health Health Officer BM Petty Appeal Hearing January 21,1999 Page 29 of 31 Ray Coleman: the thought of not being able to open any window in my home because of his mess. This filed form here was filed November 18, `93. Mike Cliff, Prosecuting Attorney; Mike Brian, Building Officer; Dave, Fire Marshal; Pam Denton, Environmental Health (she is the one who had a nightmare out there and she would tell you herself.). Mike Tolkus come out there and Bill Petty had hauled in a large ton -an -half truck full of installation. We didn't know whether it was cancer causing or what. That is the only thing Bill Petty has moved off of his property since...ah...going on 6 years now. Laura Porter was Mason County Commissioner, Robert Wilson-Hoss, my attorney, and that was all... everyone of them agrees that what I told you this morning - Two sets of attempt sales, this garbage hauled in. I've seen Bill Petty haul...this other property when they's gets after him, like down on School House Hill - these papers in here, that was one of the three he was suppose to be paying $25.00 a day penalty since `93 and '94. He didn't clean it up. Now why would all these people sign this and turn around today and let one person say, we made a mistake, were going to let Bill Petty sit this thing over because it is a small trailer. We've got six or eight living in a garage there on a concrete floor. They live like moles. They moved down another trailer, the one she says they're going to tear down. They aren't going to tear that trailer down. They was taking things out of it this morning, true. There is a lady, three kids and a man that is going to move into that. It will probably be just like it was when they went four months and they couldn't see this other trailer. That is about all I got. There is no sense in sitting and going through all of this. It is documented proof and the Commissioner's should have not let me down. I didn't. I asked for one and I will find out from them why they didn't read their pamphlet, with 88 pages of violations in it and give me an answer on it. There was one did (or day) with Mary Cady she said, we can't be having Brad and her inspectors doing a double standards. And that is what they have done. Dr. Mark Trucksess: Ok, they get a copy of the minutes. Mason County Board of Health Health Officer Bill Petty Appeal Hearing January 21,1999 Page 30 of 31 Loretta Dominue: Now she told me on Wednesday, that she would be here today. Dr. Mark Trucksess: Anyone else? (Hard to hear, but think he said, "were done or were adjourned.") Hearing adjourned at 12:05 p.m. by Dr. Mark Trucksess. Respectfully submitted by: Sonja A. 'f , Transcriptionist Dr. Mark Trucksess, Health Officer