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Subject:
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Michael Barth
"Bruce Hopkins"; "Rob White"; "Carol Morris"
"Kunkel, Jeremy"; "Don Torbert"; "Lyle Hardin"; "Shane DeGross"; "Rochlin.kevin@EPA.gov";
"Blocker.Shawn@epa.gov"
Situation at Point Ruston Today
Tuesday, January 20, 2015 11:09:00 PM

Bruce, Rob and Carol,
Just FYI, below is a re-cap of the events of earlier today beginning upon my arrival at Point Ruston to
post notices of violation, as required by RMC 12.40.030:
January 20, 2015.
I pulled up to the main gate at the round-about on Ruston Way. At 1:58p.m, I called the gate
number, but received a busy signal, indicative of it not accepting the request. 25 seconds later, I
tried again, with the same result. I assumed my number had been blocked following issuance of the
stop work orders back on December 19 th , 2014.
At 1:59, I called Point Ruston project manager Rodney Campbell and asked him to open the gate so I
could deliver a notice of violation. Rodney stated he would call the attorneys and get right back to
me.
A vehicle pulled up behind me. Moments later the gate opened. I drove in and went directly to the
construction office trailer.
Dressed in my safety vest and safety shoes, and donning a hard hat as well as my Point
Ruston/Hazwoper identification badge hanging on a lanyard around my neck, I got out of my truck
and gathered the papers to post. I was not expecting a confrontation. Point Ruston’s Larry
Hutchinson pulled up and got out of his car. He asked what I was doing there. I stated I needed to
post notices of violation for the three instances of work being performed without building permits
and in violation of the stop work orders previously posted. The violation notices were for the
parking garage, Lot 17 foundation wall, and the LP-gas pipeline installation. I handed Mr.
Hutchinson copies of each notice and stated that I was going to post copies on the wall. He asked
me to not post them, stating that he would just tear them down anyway. I advised him that the RMC
classifies removal of notices and orders as a misdemeanor offense, and suggested he not tear them
down, at least not while I was present. (On December 19 th , 2014, I had witnessed Mr. Santory
removing the stop work order placards and notices that had been posted.) I posted the three
notices below the office sign that states “Construction Office, Buildings 1A, 11 & 9, Main Office.” I
took photos of the posted notices at 2:04 p.m.
Mr. Hutchinson told me that I needed to leave. I said I needed to post the notices at the job sites.
He stated that I needed to leave and could not go over to the job sites. I stated that it was a
requirement in the code for the notices to be posted at the job site, and that he could come with
me. He stated I needed to leave and would not be allowed to go to the sites.

 About that time, Loren Cohen pulled up and got out of his car. I went to my truck to retrieve
additional copies of the notices of violation in order to serve copies to Mr. Cohen. As I handed them
to him, I noted that I would not bring copies up to the office on Shirley St. as I had planned because
he was there to accept service. He acknowledged receipt of the three notices.
As Mr. Cohen proceeded to tell me I had no business there, and that I was in the City of Tacoma, and
therefore had no jurisdiction to put notices on the trailer, I pointed out that the trailer had a sign
indicating it to be the construction office for buildings 11 and 9, and I noted proper posting. Again,
he argued that we were in Tacoma and claimed I have no jurisdiction. I explained to him that I also
needed to go to the job sites on the Ruston side where the work was being performed in order to
properly post the notices at the job sites. I stated to Mr. Cohen that the code requires me to post
the job sites. Mr. Cohen, encroaching into my personal space, repeated that I had no jurisdiction
and that I had to leave the site, and that I could not post the job entrances. I specifically asked him if
he was going to interfere with my official duties requiring me to post the notices. He claimed that I
had no official duties there because they were building a remedial cap, and that I had no jurisdiction
to be there. I again specifically asked him if he was intentionally interfering with the performance of
my duties. He remained adamant that I leave the site and not return.
I went to get back in my truck and Mr. Cohen followed, again approaching closely, and asked “Mr.
Barth, how did you get in here in the first place?” He continued with “you’re not welcome here and
should not be here.” Though he was making it difficult for me to have opportunity to speak, I
explained to him that I approached the gate and called Rodney Campbell asking him to open it. (As
noted above, Mr. Campbell had said he would ask the attorneys, and said he’d get right back to
me.) I explained to Mr. Cohen that within moments, the gate swung open, and I drove in, going
directly to the construction office. Mr. Cohen kept repeating that I was not allowed to be there, I
was not authorized to be there, and I had no jurisdiction to be there and needed to leave.
While Mr. Cohen was repeating his arguments, I got in my truck, backed up to turn around, and left
the way I had come in. It was 2:11 p.m.
Pulling out of the site and onto the round-about and subsequently west on Ruston Way, I realized I
had not prepared my camera to take photos as I drove along the site. I also saw that Mr.
Hutchinson’s car was pulling out from the site and coming in the same direction. I decided to drive
up to the next round-about and circle back around in order to take photographs on another
approach. While heading back east, I passed Mr. Cohen who was now in his vehicle going west.
I circled back around the round-about by the Point Ruston gate and headed back west on Ruston
Way, snapping photographs out my truck window as I passed by the site. The first photo taken
along Ruston Way was at 2:14p.m. Traffic was behind me, so I did not slow much to take the
pictures. I pulled from Ruston Way and the western round-about onto Yacht Club road, where I
slowed and went to the edge of the road. I again took photos through my truck window holding my
camera across the passenger side. I see Mr. Hutchinson’s car ahead waiting on the temporary culde-sac, then turning around. Behind me approached a car I didn’t recognize, but as I waved out my
window for the driver to pass, he remained behind me. At this point I was stopped at the side of
Yacht Club Road, above the parking garage construction site. I continued taking photographs. I

 could see considerable activity occurring in the parking garage site.
2:17p.m. Larry Hutchinson came back (south) on Yacht Club Road and passed me. I waved and took
his picture as he passed. I also was aware that the car behind me did not pass, but continued to stay
near. I also saw Loren Cohen’s white Escalade pull up behind the Audi behind me. I attempted a
photo of the back of Mr. Hutchinson’s car along with the others around me, but was shooting into
the sun, so the picture failed. Through the back window of my truck however, I was able to capture
an image of, who I now realized was Mike Cohen in the Audi, and Loren Cohen behind him in the
Escalade. I was unsure of why they had all followed and gathered around me.
2:17:52, Mike Cohen passed me, Loren Cohen remained visible in my mirror. I continued taking
pictures of the site from inside my truck on the public right-of-way. 2:18, Mike Cohen turned
around in front of me, Loren Cohen passed me and Mike pulled up alongside my truck. I could see
Joe Harrison in his passenger seat. I put my driver’s side window down and turned off my truck (to
ease the noise). For the next six minutes, Mike Cohen and I spoke.
I explained that I had attempted to post the notices of violation, and that copies I had for him had
been given to Loren by the construction trailer. We briefly discussed the project, and how it would
be nice to see it move forward. We talked about the need for Point Ruston to obtain building
permits. I repeated what we had previously expressed to Point Ruston countless times, that the City
would not accept third-party inspection reports in lieu of the City performing required inspections,
and again noting that this was due to having no confidence in third-party reports as they only
inspect to the documents provided them by Point Ruston, which have proved to be critically
erroneous on previous circumstances. I reiterated that no portion of a cap constructed without City
inspections will be considered adequate to become a structural component of a building.
Mike and I talked about the gas pipe that was still in the ground, now covered up, which he claimed
to be abandoned, but which I stated needed to be removed. We talked about it remaining a
violation of code due to its improper construction and construction without permits. Mr. Cohen
stated that the problems were “really all political.” I disagreed and stated that violations of code had
a direct impact on people’s safety. Mr. Cohen continued by stating that it is all political, and that as
soon as the political winds change, everything would work out. This had followed a question of
mine where I’d asked him if they were intending to just continue doing whatever they wanted
regardless of what codes were ignored or violated. Though not directly stated, I understood Mr.
Cohen to be strongly inferring that everything would continue, and be resolved when they no longer
have to deal with the City.
I explained that the City has repeatedly tried to accommodate the project, for example by
performing the observations, but that at every turn, Point Ruston failed to do what they said they
would, and failed to address the identified issues. I explained that every avenue has been pursued
to try to encourage compliance without resorting to fines and criminal charges. The discussion
turned to Mr. Cohen stating that he didn’t want to see the City “harassing” workers working on the
buildings. I reminded him again that we’ve attempted to encourage compliance, but that working
against a stop work order was indeed a misdemeanor offense, and that everyone, from the workers
to himself could be prosecuted for the crimes. I said with all other attempts for compliance failing,

 that perhaps the City should pursue such actions. Half tongue-in-cheek, I asked him if he would
prefer his workers be arrested for working against a stop work order, or if he would prefer to be the
one charged. Again, half-tongue-in-cheek, he suggested another family member that he would
offer up. At 2:24, he drove off and I went back to taking pictures of the site.
2:25, as I started back up Yacht Club road to turn around at the end, Loren Cohen again passed me
going the other way.
2:30 I went to City Hall to provide copies of the notices to the City Clerk.
Michael J. Barth, M.C.P.
City of Ruston, Building Official
mbarth@codeproswa.com
360-801-0543