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HomeMy WebLinkAbout2026/09/29 - BOH Packet MASON COUNTY • COMMUNITY SERVICES Building,Planning,Environmental Health,Community Health MASON COUNTY BOARD OF HEALTH September 29, 2026 ■ 11:00 A.M. Z, Commission Chambers 411 North 5th Street % Shelton, WA 98584 DRAFT AGENDA 1. Welcome and Introductions Chair 2. Public Comments 3. Approval of Agenda—ACTION Board Members 4. Approval of Minutes (August 4,2026) ACTION Board Members 5. Health Officer Report Dr. Steve Krager 6. Administration Report Dave Windom 7. Environmental Health Report Vladimir Nekrutenko 8. Community Health Report Melissa Casey 9. Other Business and Board Discussion Board Members 10. Adjourn Mason County Public Health 415 N 6th Street, Bldg.8,Shelton WA 98584, Phone: (360)427-9670 ext.869 ❖ Fax: (360)427-7787 If special accommodations are needed, please contact McKenzie Smith at(360)427-9670 ext. 589 or at msmith@masoncountywa.gov. MASON COUNTY BOARD OF HEALTH PROCEEDINGS 411 North 5th Street,Shelton,WA August 4,2026 Attendance: Randy Neatherlin,County Commissioner;Pat Tarzwell,County Commissioner;Dr. Steven Krager,Health Officer;Pam Schlauderaff,Hospital District No. 1;Peggy VanBuskirk,Hospital District No. 2; Eric Onisko,City of Shelton Mayor; Sharon Schirman,City of Shelton Mayor;Desiree White, Skokomish Tribe representative;David Windom,Public Health Director;Mark Wilhelm,Community Stakeholder;Ian Tracy,Environmental Health Manager;Emily Hearn,Lewis-Mason-Thurston Area Agency on Aging;Melissa Casey,Community Health Manager; Sunny Evans Environmental Health Specialist,Alexandra Graham, Public Health,Cami Olson,acting Clerk of the Board; and Dedrick Allen,MasonWebTV(Constance Ibsen, Ryan Finn) 1. The Chair called the meeting to order at 11:00 a.m. 2. Approval of Agenda Pam/Pat moved and seconded to approve the as presentation. Motion carried. 3. Approval of Minutes None. 4. Public Comment Constance Ibsen requested a list of the current members of the Mason County Board of Health,the positions they fill and who they represent. Ryan Finn,representing Taxpaying Citizens of Golden Pheasant,provided suggestions regarding proposed amendments to the Mason County sanitation code.He recommended strengthening the enforcement language,retaining appropriate penalties for violations,and clarifying the appeals process.He also noted that recent changes to the needle exchange program appeared to have reduced discarded needles along the Golden Pheasant road-cleanup corridor. 5. Washington Cares Presentation Emily Hearn,Lewis-Mason-Thurston Area Agency on Aging,provided a presentation regarding the benefits of the WA Cares long-term care benefit program. 6. Administration Report David Windom reported that Mason County's Foundational Public Health Services funding was reduced by approximately$260,000(15%)for the current biennium. To preserve staff,the department eliminated or reduced several programs,including Hepatitis C,emergency response planning,and chronic disease prevention,while noting that future federal Medicaid funding changes could increase demand for local public health services and place additional strain on rural healthcare providers. 7. Health Officer Report Dr. Steven Krager shared information on the recent Cyclosporiasis outbreak,including symptoms and treatment, and reported that there are currently no local cases linked to the larger outbreaks.Although iceberg lettuce was recently recalled and several smaller outbreaks have been reported from unknown sources,residents are encouraged to continue practicing basic food safety,and there is no recommendation to avoid specific foods in Washington at this time. Dr.Krager reported smoke impacts in Western Washington from regional wildfires and reminded residents to monitor AQI levels and minimize exposure,particularly when AQI exceeds 150 and for vulnerable populations. Ian reported that recreational shellfish harvesting closures remain in place in several areas of the canal,while some commercial and recreational areas have reopened. Community concerns were noted regarding the differing reopening status and the need for clearer public messaging. 8. Community Health Report Melissa Casey provided May—June WIC program highlights,noting that the caseload exceeded 1,000 and commending staff for their work. She also highlighted the Charlie Cart Project and June Bike Rodeo& Safety Day. Melissa shared the final Point-in-Time homeless count results for Washington State and Mason County and announced two RFPs for Homeless Crisis Response System Services and the Acquisition,Development,or Preservation of Affordable Housing,with applications due August 7,2026. 9. Environmental Health Report Ian Tracy reported a partnership with the Sheriff's Department resulting in the first criminal search warrant executed for solid waste violations. He also announced the addition of a water quality staff member who will conduct pollution identification and correction activities and public outreach in the South Sound and Hood Canal. Two applications were received for the On-site Sewage Advisory Committee(OSAC)Designer position: Paula Johnson, seeking a three-year term extension,and Dale Tahja,a licensed designer with prior committee experience and a retired Environmental Health Specialist. The Board of Health discussed the applications. Pat/Peggy moved and seconded to the appointments of Paula Johnson and Dale Tahja to the On-site Sewage Advisory Committee.Motion carried. Ian presented draft revisions to Mason County Code Title 6,Chapter 6.04 for Board of Health(Board) review.Ian explained that Mason County Code 6.04 is an outdated regulation that is no longer used by Environmental Health and contains obsolete RCW references and significant potential liability related to property access and enforcement authority.He stated the proposed revisions are intended as a temporary measure to address major concerns while a more thorough review is completed. The Board discussed whether to repeal or revise the chapter and ultimately supported moving forward with the proposed revisions,with additional review and updates to follow. Peggy/Eric moved and seconded to recommend the Board of County Commissioners adopt the proposed revisions to Mason County Code Title 6,Chapter 6.04 as presented. Discussion:Randy stated he would vote against the revisions and did not believe they were appropriate at this time.Pat questioned the need to expedite the changes,while Ian cited a recent significant liability concern.Board members expressed a desire to have the County Attorney present. Randy directed staff not to proceed with the revisions at this time and requested further review.Pat agreed the matter would be reviewed again. Motion fails. The Board discussed additional changes to Title 6,Chapter 6.04,including language clarifying that the code does not restrict staff from exercising other legal options and that misdemeanor penalties would be governed by the applicable RCW. Randy/Pam moved and seconded to recommend the Board of County Commissioners adopt the proposed revisions with the addition two of the changes discussed, subject to legal review. Motion carried. 10. Break 11. Public Hearing for Food Establishment Appeal Ian Tracy provided an overview of the appeal hearing before the Board for La Poblanita#1 Food Establishment Permit Revocation. The mobile food establishment has had ongoing food safety compliance issues,including eight inspections and three closures between July 2025 and June 2026. The department revoked the establishment's permit effective July 6,2026,following additional concerns regarding an unpermitted commercial kitchen. The owner appealed the revocation,which was upheld by the Health Officer,and has now been appealed to the Board.The establishment remains open pending the Board's final decision. The establishment owners presented the corrective actions taken to address Health Department requirements and requested that they be allowed to remain in operation while completing any remaining corrections and undergoing further inspections to demonstrate compliance. Ian explained that the repeated nature of the violations was the primary concern,noting the establishment had been given numerous opportunities to correct the same issues. Staff also cited the unpermitted construction of a large commercial kitchen and ongoing lack of active manager control. Based on the repeated red violations and history of noncompliance, staff recommended upholding the permit revocation. Sharon/Randy moved to uphold the permit revocation,and the establishment is to be closed for a minimum of six months. Motion carried. 12. Adjourned at 3:48 p.m. ATTEST MASON COUNTY,WASHINGTON BOARD OF HEALTH MASON COUNTY,WASHINGTON McKenzie Smith,Clerk of the Board Prepared by Cami Olson Pam Schlauderaff,Hospital District#1 Peggy Van Buskirk,Hospital District#2 Randy Neatherlin,Commissioner Pat Tarzwell,Commissioner Sharon Trask,Commissioner Eric Onisko,City Council Sneha Gunda, Squaxin Island Health Director Mark Wilhelm,Community Stakeholder Mason County Public Health and Human Services Cash F 2023 - 2025 Cash Flow 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 Jan a Jul A g Sep Oct No Dec -500,000 -1,000,000 -1,500,000 2023 2024 -2025 2026 Fund Without Investments 2025 Fund Balance w/out investments 2500000 2000000 1500000 2025 Goal 1000000 2026 500000 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec $7,000,000 Fund Balance with Opioid and FPHS investments $6,000,000 $5,000,000 I ■ 2 2 $4,000,000 ■ 2 3 $3,000,000 ■ 2 4 ■ 5 $2,000,000 - - I - $1,000,000 $0 hi I Ii. Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Budgeted Revenue 2026 State Funding 52% Permits 10% FederalDollars 20% 1� Fees InvestmentLj Earnings ` TransferinMental 3% County Health Contri bubon 0% OpioidSettlement 0% 5% Revenue YTD YTD Investment Earnings Transfer in Mental Health Opiod Settlement Clean water district Federal Dollars County Contribution — fces� Permits State Funding Revenue Received Bugeted vs Received 2,500,000 2,000,000 1,500,000 1,000,000 F Ii 500,000 11 1i _ _ ._ Lo'��� C.° \�,eh Lea ■ Budgeted ■ YTD Expenses As Budgeted Internal EXPENDED Charges Intergovernmental 8% 0% � I Salary and Services Wages 30% 43% Supp 2% Benefits 17% Budgeted d VsYTD Expense Total Expense 4000000 3500000 3000000 2500000 2000000I1i 1500000 1000000 500000 0 TOTALSALARIES & OPERATING INTERNAL CAPITALOUTLAY BENEFITS ❑ Budgettotal ❑ total expense Environmental Health (EH) Report - Mason County Board of Health September 29, 2026 From Ian Tracy, Environmental Health Manager Water Quality Environmental Health staff will be manning an educational booth this weekend(Oct 3-4) at Oysterfest. Staff will highlight water quality work in Mason County, our Annual Report, and provide educational resources for how folks can reduce negative impacts to water quality on their property. Our 2026 Annual Water Quality Report is available now and can be explored at the following link: https://stolymaps.arcais.com/stories/ccccae7739604214b6aa2f01360953ea Solid Waste The Board of County Commissioners has agreed to allow the department to use $100,000 of funds from the Real Estate Excise Tax(REET) to conduct solid waste abatement activities on problem properties. The Code Enforcement Coalition met on Sept. 14th and selected the first property that the County will abate. This property was selected based on its risk to public health, length of time the case has been open, and lack of cooperation or forward progress by the property owner. On-site Septic The WA Dept. of Health is in the process of conducting a rule making to create a new section of the Washington Administrative Code (WAC 246-275) to regulate on-site non- potable water systems. A public hearing was held on September 22nd. For more information, visit: https://Iawfilesext.leq wa.gov/law/wsr/2026/16/26-16-075.htm Attachments: None CommunityHealth Report JULY - AUGUST 2026 WOMEN, INFANTS, AND CHILDREN (WIC) Monthly Caseload I • July: 1,030 • August: 1,029 Program Highlights • Fifteen(15)WIC families participated in the National Breastfeeding Month celebration, and every family left with a prize.A local photographer generously donated family portraits to each family that attended. • The August Produce Share Program served 52 WIC families, providing families with fresh produce. • Met with Jim Kopriva, Regional Outreach& Strategic Engagement Manager from the Governor's Office, to discuss food insecurity in Mason County and explore ideas and potential solutions to better support local families. • MCPHHS completed WIC educational videos in four languages: English, Spanish, Mam, and Q'anjob'al for local WIC families. The videos demonstrate how to install and use the WICShopper App and how to use the WIC card while shopping. • Community Health I Report JULY - AUGUST 2026 HOMELESS RESPONSE SYSTEM The Washington State Department of Commerce Data& Performance Unit released the SFY 2026 CHG Performance Monitoring Results for Mason County.The assessment evaluated performance across key housing interventions and reviewed equitable outcome metrics. Mason County achieved full compliance with all measured statewide performance standards, meeting or exceeding benchmark targets across evaluated programs without identified racial or ethnic disparities. Key Performance Highlights • Emergency Shelter Exits:Achieved a 60%exit rate to permanent housing, exceeding the 50% statewide target and improving from the 46%baseline in SFY 2025. • Rapid Rehousing(RRH): Reached a 94%exit rate to permanent housing, exceeding the 80% target and up from 91%in SFY 2025. • Homelessness Prevention(Informational): Recorded a 100%6-month housing retention rate, exceeding the 95%benchmark. • Equitable Outcomes: Statistical testing confirmed no racial or ethnic disparities across evaluated housing intervention exits Summary Performance Data Statewide Baseline(SFY Intervention Type Performance Metric Target 25) SFY 26 Result Status Exits to Permanent Compliant(Met& Emergency Shelter Housing 50% 46% 60% Improved) Exits to Permanent Compliant(Met& Rapid Rehousing 80% 91% 94% Housing Improved) Homelessness 6-Month Housing 95% 99% 100% On Track Prevention Retention Disparities Across Equitable Outcomes No Disparities N/A No Disparities Compliant Demographics Continuous Improvement&Next Steps While Mason County met all active compliance requirements, the Department of Commerce's feedback noted that small sample sizes for certain smaller demographic groups precluded statistical testing for those groups. Local Continuum of Care partners will use the Washington Balance of State Equitable Access Dashboard and CHG Tracker to review community-level intake data, target outreach to underserved populations, and maintain high program performance across the county. Community Health I Report JULY - AUGUST 2026 COMMUNICABLE DISEASE AND NOTIFIABLE CONDITIONS Chlamydia — 24 cases Tuberculosis Cases Two patients who have previously been treated for TB are being evaluated for possible recurrent/progressive disease. Samples from each patient have been sent to the Public Health Laboratory in Shoreline, WA, for additional testing. Our office continues to "rule out" 2-3 possible TB cases per month. Animal Bites — Post-Exposure Prophylaxis (PEP) Approximately 10 dog bite calls. Our office works closely with Environmental Health if the animal needs to be tested for possible rabies. When a dog's vaccination history is unclear or unavailable, we work with the healthcare provider to decide whether to recommend Post- Exposure Prophylaxis (PEP). Bat calls are at their peak during the summer months. Communicable Disease Cases We see many foodborne illnesses. Salmonella, Campylobacter, Shiga-toxin, and Giardia are the main bacteria and parasites found. As the weather improves, there are more cases of foodborne illnesses due to improper food storage and temperature control. HEALTH EDUCATION AND OUTREACH In the months of July and August, there were a total of 39 social media posts, with an average engagement rate of 5.80% We attended the Annual Overdose Awareness Events at the end of August.We engaged with hundreds of community members, provided resources, and provided Narcan. Ryan P. Finn, DO Taxpaying Citizens of Golden Pheasant 107 W. Story Rd Shelton,WA 98584 360-209-4513 September 17, 2026 Mason County Board of Health 411 N 5th St Shelton,WA 98584 360-427-9670 x 274 Board of Health: I wanted to thank you for incorporating some of our suggestions into the draft changes to MCC 6.04, including preserving the right to take intermediate enforcement steps before seeking judicial warrants and reestablishing an actual penalty for violating sanitation code. Since the Commissioners sit on this Board, I do want to point out a crucial fix that should be adopted when the Commissioners consider adopting the final draft in October. Cmr. Neatherlin correctly recognized that the originally proposed changes to MCC 6.04.050 eliminated penalties for violating the sanitation code, insofar as the referenced RCW no longer contains penalties for any situation other than a board member breaching their duties, a physician failing to report, or a patient refusing treatment for a reportable disease. Cmr. Neatherlin proposed a simple fix—state that violations of the code are a misdemeanor and then reference the RCW defining misdemeanor so that the Mason County code would automatically update whenever the RCW is updated by the legislature. Unfortunately, the current draft just references the RCW defining misdemeanor; it fails to state that violating sanitation code IS a misdemeanor. It needs to be affirmatively stated for Cmr. Neatherlin's fix to work. Finally, having multiple enforcement/penalty provisions in multiple sections of code is problematic — particularly if they conflict with one another. An enterprising attorney could use any contradiction to essentially nullify the enforcement and penalty provisions. It would be wise to ensure the provisions in MCC 15.13 do not conflict with MCC 6.04. It is also essential that you cross-reference each in the code. A simple provision in the draft updates to MCC 6.04.050 stating, "Additional enforcement provisions can be located at MCC 15.13." is necessary. The deficits in the initial draft, coupled with Mr. Tracy's correct analysis that multiple additional code sections require modernization, raise serious issues which this Board will need to confront. It is unreasonable to expect this Board to draft legislation without any member possessing a legal background, and even more unreasonable to push that burden onto Mr. Tracy. Future updates need to be conducted with legal consultation. It is the duty of the County's Prosecuting Attorney to provide legal counsel to the County. If that duty does not extend to drafting legislation, or if the Prosecuting Attorney is too overtaxed to provide that duty,then the County needs to hire a local lawfirm to oversee these changes. Currently, Mr.Whitehead is only reviewing these drafts as to form, not content—which is made clear by him failing to point out the issues with this draft. My suggestion would be to have staff identify codes which require updating, bullet list the suggested changes, then wait until a good fiscal year to hire counsel to codify those changes. During that time, staff should consult with neighboring jurisdictions — Ms. Schlauderaff is correct that 38 other counties have successful sanitation enforcement codes, so there is no need to reinvent the wheel. Commissioners Neatherlin and Tarzwellwere correct at August's meeting: these codes have been on the books for 50+years—they can wait a little longer to be updated to ensure those updates are legal and beneficial. Contrary to Ms. Van Buskirk's statement, it is actually better to get this done right, not quickly. It appears the Board will be joined by a new Commissioner post-election whose campaign is premised upon proper code enforcement. I am hopeful I will no longer need to attend these meetings to ensure code enforcement is prioritized in this County. But for those newer Board members who may not know why I got involved, I want to reiterate my experience as a reminder that the decisions you make on this Board can have catastrophic consequences for people in this County: A longer version was detailed in my November letter to Darrin Moody, which was never made public (I am attaching it as Exhibit A so it is made a public record now), but in short I purchased 6 acres in 2021 which shared a building envelope with a single other parcel. I proceeded to construct a home whereas the person who purchased the adjoining lot had done so under assurances from Mason County Environmental Health that she could live in an unpermitted trailer permanently without installing a legal means of sanitation. Eighteen months in, her camper had pallet walkways surrounding it (preventing it from being towed for pumping), her junked WSDOT office trailer (illegal to live in) had no means of sanitation, we witnessed her taking a wheelbarrow with 5 gallon buckets into the wetland on a regular basis, and,when asked, she stated she lined her toilet with cat litter and took the scoopings to Starbucks in town. She threatened us not to electrify the well, as she "needed"the $15 monthly remittance for being the "Well Master" under the old shared well recording. When we attempted to use the well easement to install a second well for an ADU, she blocked Arcadia's passage unless we either paid her $30k or deeded her the original well. We hired a weak law firm to try and negotiate with her, and she responded by improperly blocking the entire well easement and pursuing a civil case for harassment. She obtained written assurances from staff at Environmental Health (confirmed from a public records request) that they would shield her from any code enforcement complaint we filed. Accordingly, three code enforcement complaints filed by our attorney were dismissed as no violation once the neighbor obtained a porta potty — in violation of WAC 246-272A-0240. Environmental Health staff informed our attorney that the WAC did not apply — our attorney confirmed twice in writing that staff were actually telling an attorney that state health code did not apply in Mason County. We then hired a bulldog who shocked the neighbor off her rocker by suing for private nuisance and spite structures. She countersued, claiming we had shot up her trailer (despite no bullet holes or police reports) and claiming our home devalued her trailer. Several months later, after changing attorneys and likely receiving better counsel, she sold her property and we came into possession of it through a complex legal maneuver to avoid crossing any legal lines. She then proceeded to maintain her countersuit for an additional 6 months until she spent all the proceeds from the property sale. We alone spent $35k in attorney fees and $137,000 to purchase a property we had no use for. We were then informed by Environmental Health staff that the septic permits for that lot were on the verge of expiring and we needed to install a $40k septic system within a year or the septic permits would need to be redone and the viability of building on that lot reconsidered. We are not wealthy—we were severely financially destabilized and spent the past 3 years performing significant components of the work ourselves. Just because we are now walking away with two 900k+ properties does not absolve Environmental Health of the harm they caused by not enforcing code. But that alone would not have brought me to these meetings. During all this, I had to address significant crime along my Golden Pheasant frontage — gun shots at my property and into the neighboring fire station; drug dealing; prostitution; drug encampments; petty property crimes. I pushed this back into the shadows further down Golden Pheasant by installing a $6k security system and livestreaming the footage to the internet; installing streetlights covering 1/3rd mile of road frontage at an annual cost of$1 kin perpetuity; directly confronting those who walked through these security measures to ensure they did not do it again. The people causing all these problems were not coming from US 101 —they were coming from Golden Pheasant. My efforts led neighbors further down Golden Pheasant to approach me about where these problem residents lived and the harm they were causing. Without exception, they lived in unpermitted conditions sanctioned by Environmental Health. These neighbors live in justified fear of the problem squatters and had been both failed and abandoned by Mason County. Multiple Sherriff deputies informed me the Golden Pheasant situation was a failure of code enforcement, not law enforcement — law enforcement could arrest the squatters, as they have, for drug manufacturing and illegal gun sales, but new squatters constantly pop up secondary to Environmental Health turning a blind eye to the situation and even sanctioning it through policies propagated through this Board. So I created Taxpaying Citizens of Golden Pheasant, partnered with Friends of Delight Park, and brought those neighbors to tell their stories to this Board last September. You may hear their cries for help at the following link: https://www.youtube.com/live/ zxdBp M9Ao?si=0-XYUS1 EQggEzaau And ever since we have been battling for effective code enforcement in this County. Now, I understand that effectively no one joined this Board to get deeply involved in sanitation concerns. The Board is populated with medical professionals, public health officials, and representatives of the shellfish industry who likely envisioned themselves focusing on more glamorous aspects of public health, such as disease prevention,wellness promotion, and the like. Sanitation code is the "red-headed stepchild" of the duties overseen by this Board. Though state law requires sanitation concerns to ultimately report to the Health Director, as they are a fundamental component of Public Health (see Dr. Snow, London, cholera, 1854), state law does not dictate the management pathway via which sanitation concerns reach the Health Director. I would suggest that Environmental Health has much more in common with the Building and Planning Departments than it does with the remainder of what this Board oversees. It might be prudent to shift Mr. Tracy from reporting to Dave Windom to reporting to Kell Rowen, who manages the Building and Planning Departments quite effectively. That would free Mr.Windom to focus on the causes for which he sought his degree, according to his Linkedln profile, and leave management of Environmental Health to a Director who has better experience with Code Enforcement matters. And there are significant issues remaining to be addressed by whoever manages sanitation concerns in this County. There is a significant problem with open defecation. The United Nations, as part of its push to end open defecation worldwide, cites historic underdevelopment of sanitation infrastructure as a leading cause of persistent open defecation in sections of the world where it persists. That analysis is directly applicable to the situation here in Mason County, where sanitation infrastructure is severely underdeveloped. I can offer you anecdotal evidence from my 1/3rd mile of road frontage. Though there are public restrooms nearby in all directions, public urination and defecation are so culturally accepted here that we were experiencing it on our road frontage in excess of 10x daily. Our neighbors to the north,who have lived on their property for 40 years, inform us it has been ongoing for decades. We have significantly reduced the volume of human waste flowing off the roadway into our wetlands by livestreaming to the internet the cameras we installed to combat crime, posting signs stating to "View Live at www.tcgp.info". A 110 decibel horn which alerts people who loiter in the area that, "Loitering detected. Respect Private Property. Use a Public Restroom," has further reduced the volume of open urination/defecation. Yet,we still experienced 20 such episodes in August alone (see Exhibit B, pixelated for modesty). We even had a Sherriff's deputy respond to a complaint that our cameras were violating the privacy of the people defecating in our ditch. We provided the deputy with the multiple appellate cases determining that people have no reasonable expectation of privacy on a public roadway and that public urination and defecation are, in fact, crimes in Washington State—sex offenses in most other states. But these experiences highlight that this County and this Board have a long row to hoe to correct the County's sanitation woes. Thank you for your time, and I wish you luck in seeing the transition to full code enforcement come to fruition. Remember, your decisions on this Board have real world consequences for good people in this County. Your duties are not just to those who mistakenly believe they can live on rural properties without permitted structures or legal means of sanitation — which, again, do not include porta potties. Ryan P. Finn, DO Taxpaying Citizens of Golden Pheasant 107 W. Story Rd Shelton,WA 98584 360-209-4513 Ryan Finn From: Ryan Finn Sent: Tuesday, November 11, 2025 7:24 AM To: Darrin Moody Cc: dmklmoody@aol.com; Roderic Dohleman -RDC- Subject: Consolations, Hard Facts, and a Recommendation that the Mason BOH Consult with the County Prosecutor Attachments: 1 - Letter to State BOH.pdf Good Morning, Darrin, I wanted to wait until all votes were counted before emailing. The voters don't always get it right—you've obviously done a quality job as Commissioner if Mason General is poised to remain stable through this year's funding changes, given what I assume is a massive Medicaid population out here. I was surprised to hear that from you during the discussion at September's Board of Health meeting, and it directly influenced Roderic and Ito vote for you (overriding my typical position that healthcare management should remain in the hands of providers, not business majors or non-providers). Of course, you know what you accomplished and will be able to take that with you as your career advances down a new path. I noticed on your bio page at the hospital that you used to live in Monterey. My grandparents relocated from Sioux Falls to Salinas in the 70's and ran Scott Furniture over in Seaside. If you remember them at all, it would be for their awful commercials—and I starred in a few of them as a kid in the early 80's. If it's any consolation, at least you won't have to deal with me or my group as we ramp up our efforts should Ian's proposed policy deferral pass on Wednesday. Roderic and I have made the decision that building out here was a terrible mistake; we will take the next 5 years or so to finish developing the property and turning it into an attractive package for sale once the market improves. But we are unwilling to stick a future owner with the massive problems we encountered when moving here—problems which cost us over$167k due to County inaction. Though we solved a great deal of it by essentially buying the entire neighborhood, there is still a problem on Golden Pheasant and we will burn through anyone who stands between us and resolving that issue. This cannot be the County of trash squatting in illegal trailer encampments with porta potties in the front yard -- harassing quality citizens who move out, or never move here to begin with. I want to point out some red flags from Ian's comments at the September 23rd Board of Health meeting which need to be addressed on Wednesday. You must have noticed that he is painfully deliberate in his statements—and lies of omission are still lies. For example, with regard to the letter to the State BOH, a Board member asked Ian if holding tanks were only allowed for lots lived on seasonally(at most, 180 days). Ian's statement was not a simple "yes" but rather, "That is a requirement of the waiver." Environmental Health does not monitor whether the lots remain compliant (max 180-days of use per year), nor does it have the capacity to do so. In fact, Environmental Health has pre-filled the State application form for these waivers such that Ian has filled in the 180-day attestation under penalty of perjury—the applicant might never even read that section. The clear intent (and real result) is an abuse of this waiver system to allow for permanent RV living using holding tanks in violation of state law. Mr. Burke, who spoke in September, has a neighbor who is the posterchild for this—Ian granted her a waiver to have a seasonal holding tank for her RV lot,yet she has lived there permanently for the past 5 1 years. Rather than have her tank pumped, she directs the effluent down a steep hill, over a neighboring property and into a waterway. Ian has denied all attempts at code enforcement and this trash has filed serial false police reports/harassment lawsuits against the quality taxpayers surrounding her. If you want more proof of Ian's intent,just look at the wording of his letter to the WSBOH. He states that allowing more lots to qualify for the holding tank waiver will help with the housing crisis-this infers permanent use when the waiver is limited to a max use of 180 days per year. I have pointed that out to the WSBOH in my formal letter opposing Mason County's petition and have advised them to adopt a new rule requiring annual certification of seasonal use conducted at the county level and verified by the State. I will further highlight Environmental Health's deceptive petition statements when I speak directly in front of the WSBOH in December. A copy of my letter to the State is attached. Further, during discussion at the September 23rd meeting, Ian claimed the proposed Code Deferral wouldn't lead to negative consequences because it would only apply to lots with no other code issues. 1) The Board should not be comfortable overriding code and leaving enforcement up to Ian's discretion. 2) Ian's statement is meaningless because he finds a way to label everything as "no violation," as he did with the situation with our former neighbors. 3) Below is a very truncated recounting of all the code violations which Ian labeled as "No Violation" -- remember that I have emails, photographs, and deposition testimony to support every statement below: ■ Neighbors went over 1 year without trash service or any means of sewage disposal before we took action o They stated they were lining the travel trailer toilet with plastic, filled with kitty litter, and disposing the scoopings at Starbucks o We witnessed them taking their wheelbarrow into the wetland buffer with 5-gallon buckets o There was a hose connected to the outlet on the trailer, run along the side of the trailer, and disappearing into the attached lean-to which they used as a "cat patio" ■ They stated they used grey water to water their garden along the wetland buffer edge o They stated they checked with Mason County before buying the lot and were told it was legal to live permanently in an RV [it is not legal] o They paid $105k cash for the lot— meaning they were not poor or on hard times. There were cheaper lots available and $105k would have bought 20 years in an RV park o They installed their electric meter blocking access to a well access easement and refused to allow the well driller to drive around it unless we deeded them our access to the existing well(Environmental Health required us to dig a second well if we intended to have an ADU on the property) ■ We hired an attorney who specialized in conflict resolution to negotiate with the neighbors to remove their power stand from the well access easement and install a septic; simultaneously, a code enforcement complaint was opened o 36 hours later, without a site visit, the complaint was dismissed as "no violation" once the neighbors placed an order for a porta potty o Their chicken coop placed directly over our well head was listed as "no violation" [County and State code requires a 100' setback] 2 o We were told the RV could be lived in permanently despite the fact that Mason County code (and the international building code, which WA adopted) requires a permanently lived-in RV to be set up as a manufactured home—which in turn requires septic installation o We were told they could have the porta potty indefinitely[in violation of WAC 246-272A- 0240, which Ian now seeks to amend] ■ The neighbor then seized our well easement, chaining it off, and began threatening both us and our construction workers o She brought a commercial coach on site (a retired WSDOT office trailer) and began remodeling it to live in ■ One, it is illegal under county code and state law to live in a commercial coach ■ Two, it is illegal under state law to remodel any factory assembled structure (manufactured home, RV, commercial coach, etc)without obtaining permits directly from the Factory-Assembled Structures Division of WA State o Her attorney threatened to sue us for harassment if we filed any more code complaints ■ We hired a new attorney who advised us to file a nuisance lawsuit but agreed to file a renewed code enforcement complaint as a final effort before the lawsuit o Despite a letter from the Factory Assembled Structures Division advising that living in a commercial coach is illegal, remodeling it is illegal, and even placing it on a residential lot is illegal, Mason County stated their belief that it was an RV. The Factory Assembled Structures Division informed Mason County there is an insignia in the doorframe that would verify it was a Commercial Coach and, if the insignia were missing, the structure must be confiscated. Mason County refused to come on site and again declared it to be an RV, stated we could not prove they were living in it, and issued a "No Violation" letter o Despite providing Environmental Health with access to 26 continuous days of security footage recordings showing the porta potty was never used, Environmental Health refused to view the footage or the stills-collage we created showing snow on the ground was undisturbed. They refused to consider our photographs of the drain hose snaking off toward the wetland. They performed only a single onsite visit where the neighbor refused their request to look around so they stayed at their car. They accepted the neighbors' statement that she was using the porta potty while refusing to look at our footage proving otherwise. When we pointed out that they only had a 30-gallon porta potty being pumped twice a month-meaning at most the two of them could produce 60 gallons of wastewater per month without dumping, Environmental Health accepted the neighbors' statement that they were "waterwise." Note that even Ian's basic sanitation policy assumes the average person produces 60 gallons PER DAY. o During an electrical inspection of our home construction, LNI noticed that the neighbors had connected the WSDOT trailer to the electrical grid by cutting the end off of an extension cord and hardwiring to the breaker panel. This is a massive electrical violation which risked fire. They typically need the Agency Having Local Jurisdiction (AHLJ)to initiate enforcement before they can step in, but Jayme Martin at Mason County refused, labeling it as "No Violation." The violation was, in fact, so serious that the head LNI inspector for Thurston and Mason Counties escalated the matter politically in an attempt to override Mason County, but this effort failed due to a desire to defer to Mason County's "judgement." That was when we knew we needed to get politically involved in these decision processes. 3 o Ian directly told me I was concerned for nothing, as the clay around my well head would likely prevent contamination from any sewage dumping. o An Environmental Health employee directly threatened me with physical violence o Ian issued a notice of"No Violation" ■ We sued for nuisance and 9 months, $30k in legal fees, and $137k in real estate fees later we owned the neighboring property. o We pulled a public records request and obtained a communication between an Environmental Health employee and the neighbor where EH promised to shield them from enforcement by us o EH initially failed to produce this letter until after the original production when I confronted them with a section of the email thread I had obtained through other means; then they produced the email and claimed it was an oversight So, clearly anything can be considered by Ian to be "no violation"— Board members should know that before they vote for his policy change under the promise that he will only defer code enforcement on properties with "no violations." Ian has attempted to label me as "confused"—according to multiple contacts throughout the County, this is his go-to move. As you can see, I am hardly confused; Ian has a very strained relationship with the truth. Finally, Ian's policy change likely opens Mason County up to litigation. Typically, governmental employees are shielded by the Public Duty Doctrine from litigation over their decisions to act or not to act in specific circumstances. However, they cannot blanketly refuse to enforce a code without amending the code. Doing so opens them up to a lawsuit seeking a Writ of Mandamus—a Court order to enforce the neglected code. My attorney had advised we might have such a claim over the issue with our neighbors when a County employee stated they were not enforcing any codes which might increase homelessness. That was with just a verbal statement. Here, Ian is placing it in writing as a formal policy —a policy that clearly states the County will neglect to enforce code on an entire class of citizens. When people first approach Taxpaying Citizens of Golden Pheasant, they are typically angry over how the County mishandled their code enforcement complaint and want to sue. As you can see on my website, I have to-date advised them that a lawsuit would be expensive, they would not recoup their costs, and they would likely fail secondary to the Public Duty Doctrine—therefore, our organization recommends seeking a political solution. That dynamic shifts if this policy deferral passes. If it does pass,we will begin recommending that citizens seek legal counsel to determine whether a Writ of Mandamus might be more effective at achieving their goals. Back in 2023, the public records request I pulled revealed that Ian was covertly forwarding my communications to the Prosecuting Attorney. Both Roderic and I work with attorneys on a daily basis, I am confident in my positions, so I began directly cc-ing the Prosecutor. Those emails directly discussed the Writ of Mandamus concern. I strongly suggest you consult with the Prosecutor prior to passing Ian's policy deferral. It should concern you that Ian has not proactively brought up the issue. Ryan P. Finn, DO 103 W Story Rd Shelton,WA 98584 415-310-2648 www.TCGP.info 4