2010-05-03 HEX# 10-003 Exhibit GExhibit "G"
Earth Tech Industries, uc
�! CONSTRUCTION • LANDSCAPE • IRRIGATION • DRAINAGE
RECEIVED OY
Department of Community Development Services COMMUNITY DEVELOPMENT DEPARTMENT
C/O Lee Bailey
City of Federal Way, WA 98003 J U L O� 8� 2668
RE: #08-101739-VO
Dear Mr. Bailey,
July 7, 2008
I hope the spelling of your name is correct if not I apologize. I tried to reach you by phone this
morning and I am quite sure you are a very busy person. We received a code violation letter
# 08-101739-VO. I have begun to become compliant with the issues I have been asked to and
responded to Ms. Kiersey with two letters, the first on June 16'h and the second on June 301h After the
second letter was received by Ms. Kiersey she asked for a phone call to go over the details. After
talking with her on the phone she made it quite clear that I would not be able to come into full
compliance and that the only option is to move our operation off of our property. I agreed to this but
Ms. Keirsey cannot comply with the timeline that I have asked for. With that being said please allow
me to go into a little detail as to why we are out of compliance.
I have been a resident of Federal Way for twenty five plus years and have been in the landscape
industry in the city for approximately the same time, first with offices on 16`h Avenue then 9`h and
336th Street. We have and still maintain many commercial locations in the Federal Way area around
city hall and at one time including city hall. When the city council first originated bids were taken to
renovate all islands and roadways within the city I was one of the bidders. The council came back to
me and explained they could not afford the renovation process at that time and asked me to come up
with an innovative way to cut the three feet of ivy hanging over all of the islands in some cost
effective manner, so we came up with the idea of cutting and forming plywood behind the curb and
cutting the ivy with a K40 firemans saw and brought all of the islands into compliance. The landscape
maintenance industry is extremely hard to succeed in because of the disparity in the county because of
legal and illegal companies. There is a constant underbidding that takes place which makes it difficult
for the legal companies to survive. After fifteen years in the industry, not really succeeding but
surviving, I suffered a mild heart attack and decided at that time to go out of business. After a two
year break and reeducation, I decided to go back into the industry because I really do enjoy it. This
time I decided to do things very differently and cautiously to avoid prior financial mistakes that lead to
lack of success.
Operations were going extremely well working out of my home and being very successful, I had
purchased the property on 28`h Avenue as a retirement investment and so that my son in law could run
one of our trucks out of this location also due to that fact that we were growing. Then a very
unfortunate tragedy happened in that we lost our home, equipment and office to a home fire in August
of 2005. we were not able to use our business insurance to replenish our equipment because it would
have put us into a high risk category to insure, so my wife and I pulled our retirements and worked
feverishly day and night to hang on to what we have worked so hard to create. Somehow we did it, we
not only kept all contracts but grew in the process.
We just moved back into our home the first of June 2008, because of the fire I could no longer operate
out of my personal residence and I merged all activity to our investment property, not realizing that it
would cause concerns with the city inspector. It is a half acre lot with a private road access running
down the side of the property. The very little activity that takes place in the morning when the trucks
(253) 661-3663 • (253) 661-3900 FAx
1911 SW Campus Drive #288 • Federal Way, WA 98023 • earthtechllc@yahoo.com
pull out I did not see as an issue as all the neighbors have been quite happy with out moving here.
Crime has ceased in the cul-de-sac since we moved here and relations have been very good.
I realize now that my property cannot not be used for our business and I would be more than happy to
accommodate Ms. Keirsey°s request and move immediately but we are still recovering financially and
will not have the funds to do so until our winter profits arrive. Along with the debt load of covering
what the insurance company would not and the unexpected growth that has taken place, gives us just
enough to get by until our winter profits replenish our cash investment that we have made.
After talking with Ms. Keirsey I went to my key people, explaining the situation, and asked them to
look for work else where. I got a resounding Hell No from all five of them. I even explained to them
that because of their growth and expertise they have developed they are capable of going and making
more money not to mention a benefit plan that would help them. Again they responded that they
wanted to continue within this company because of the growth that had taken place in their personal
lives. With that being said I went to the city and explored a rezoning possibility and I see that
ultimately that would not be possible either.
I tried to put together a plan to temporarily move vehicles and equipment to employee residences but
it would not work due to theft and the fact that all key people have to meet a half hour to an hour each
morning for education training and directives. Not to mention with our work Load of six to seven days
a week and being booked out to October any deficiencies in the schedule would be financially
detrimental.
The reason I have written this long winded letter is to ask you to consider my request of allowing us to
operate on our property until Christmas of 2008 at which time all maintenance personnel are laid off
and we would be able to move during January and February of 2009 when there is no maintenance
activity, the construction side of our company does not operate from the property now and will not
need to in the future. All construction employees go to and from projects from their homes and do not
need to be on our property. When I asked Ms. Keirsey for this courtesy she explained how could she
know that I would keep my word, finally she said that my only option would be to contact you and
beg and plead my case.
Lee, I am not accustom to begging however to save the jobs of twenty five employees and their
families I am begging you for the chance to locate the commercial property needed when the time and
funds are available in the winter so we can move our company and continue to grow and thrive. I have
already been in contact with our leasing agent, Mark Freitas, at CCIM 206-947-3313, to assist us in
our location and relocation of new commercially zoned property. As for my character, Mark will be
more than glad to vouch for my word. I have known him for twenty five years. I also can immediately
lessen vehicles on the property by employee carpooling, which I believe is the main concern of Ms.
Keirsey. Again there is little to no activity throughout the day on the property, no commercial vehicles
loading or unloading. There are no clients or salespeople that come to property at any time. There also
is no activity at the front of the property at any time. There are four non-commercial trucks that leave
the property in the morning and return in the afternoon, one by one at different times. We have a good
relationship with our surrounding neighbors.
Please call me at your convenience so that we may discuss the issues along with any ideas or
advice you may have for me.
Sincerely,
Roy Swain