Tucci Witness DocumentWitness/Victim Statement Case No. 05-0600-05
Water Theft:
At approx. 1605 on May 15, 2005 I met John Ivey (Yelm Public Works) on the site of Mountain Sunrise Subdivision. When arriving at the subdivision we noticed a water hose and nipple
connected to the fire hydrant located in front of lot 33. We attempted to remove the unapproved connection from the water system but were unable to turn off the fire hydrant without
a hydrant wrench. A wrench was requested from another water department staff member and the hydrant was turned off. The water hose and nipple were removed and taken to the public works
yard. Both John Ivey and I observed Tucci and Sons removing unmetered water from this hydrant to fill up the water trailer they were using for the final grading of roadway “A”, prior
to this event. All city staff left the site at approx. 1630. We were not approached by any body from Tucci and Sons during this time.
On May 13, 2005 at approx 1030 Darrell approached me about the return of the water truck connection and I directed them to the public works department.
Zoning Violation:
On May 13, 2005 at 1025 I was contacted by Tim Peterson, Public Works Director. He asked me why there were traffic signs indicating that NP Road, Wilkensen Road and Canal Road were
to be closed or detoured. I responded to him that I did not know they were scheduled to be closed but I would investigate.
Upon arrival at the intersection of NP Road and Wilkensen Road I asked the traffic flagger who was the foreman onsite and she replied “Darrell”. I located Darrell at the intersection
of Canal Road and Wilkensen repairing the air cleaner on a gas powered blower. I inquired as to why the roadway was being closed and who approved the roadway closure. He response was,
he did not know anything about the approval of the road closure and expected that the Tori Johnson, Tucci’s superintendent had acquired the required approvals. I asked about what time
he expected the asphalt pavers to be in the intersection and his response was about 2:00 to 3:00 pm. This would be the height of the traffic to and from the Nisqually Pines Development.
At this point they had restricted the traffic to one lane on Canal and Wilkensen Roadways and had flaggers on NP road and were going to close Canal and NP roads and detour all traffic
to Railroad.
I expressed a concern that with no notification, of the roadway closures, the city could not contact the required parties. These parties are school districts, emergency medical personal,
police and fire responders etc. This is the only access to approx. 1600 homes located the Nisqually Pines area. I said I would
try to notify the required parties. At the end of the discussion he requested that I return the water connection as discussed in the earlier statement.
After returning to the city office, a decision was made to issue a ticked for the water theft and the failure to notify the city of a roadway closure which is a zoning violation.