Facts about the zoning issues affecting ALL water haulers in our community

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Email and First Class Mail

Page Gonzales Chief of Staff

Steve Chucri, District 2 Maricopa County

301 W. Jefferson Street, 10th floor Phoenix, AZ 85003

Jen Pokorski Director

Planning & Development Maricopa County

501 N 44th St # 200

Phoenix, AZ 85008

Re: Application for Special Use Permit by Damon Bruns and Dynamite

Water

TA2019006 (comment)

Dear Ms. Gonzales and Ms. Pokorski:

I write to comment and advocate as to the Application for Special Use Permit by Damon Bruns and Dynamite Water and the proposed text amendment to Maricopa County Zoning Ordinance (MCZO) Chapter 11 General Regulations, Section 1102 Parking Regulations, Article 1102.9 Additional Parking Regulations, 1102.9.4. I object to the Board of Supervisors granting the special use permit. I much favor the proposed rule as to one (1) water hauling truck only per residential lot, but only if within no less than a quarter-mile radius of any other water hauling truck. I ask that my letter and these materials be made part of the public record as to each matter and shared with all those involved in the process as to each, especially each of the members of the Board of Supervisors.

My wife, Ann, and I reside in the Rio Verde Foothills (“RVFH”). I am an attorney. While my practice these days is mostly complex family law matters and estate planning, I continue to handle other types of cases. The Honorable Jane D. Hull appointed me to two state boards, both of which I chaired and one of which required state senate confirmation. I served the State of Arizona as an Administrative Law Judge. I served the State Bar of Arizona as a Director. I have been a Judge Pro Tem in Maricopa County Superior Court for more than twenty

(20) years, serving virtually every department at one point or another. My life and career have been tethered to the facts and law. [Affidavit of Kip M. Micuda — PLAINTIFF. 000001-79, Attachment 1; (1); Supplemental Affidavit of Kip M. Micuda — PL.000272-281, Attachment 2].

Damon Bruns, a Captain with Phoenix Fire Department, at 27513 N. 137" Street, Scottsdale, AZ 85262. (2) [Bruns’s Answer to Amended Complaint, pg 3, Attachment 3]. He is part owner of Granite Mountain Investments, LLC, (“GMI”) and owns five (5) acres (the “LOT”) adjoining property belonging to my wife and me. The LOT is located at 31222 N. 166th St., Scottsdale, Arizona 85262. The Parcel ID is 219-41-045X. Mr. Bruns recently purchased another lot adjoining our property and the LOT. (3) (Parcel ID 219-41-152). Mr. Bruns is also partial owner of Dynamite Water, LLC, (“Dynamite Water”) a water hauling company with

(1): “PLAINTIFF” is abbreviated as “PL,” going forward. Further, citations are not intended to be exhaustive, but rather merely

sufficient to establish the credibility of the preceding assertion in the face of any unsupported or incredible contrary allegation.

Additionally, while considerable time and effort was spent to assure the truth and accuracy of the factual assertions made below, I

cannot guarantee anything but the truthfulness of my assertions made based upon what I know. My conclusions and opinions are

my own, based on what I know and believe to be true and accurate. I invite readers to draw their own conclusions from the facts.

(2): I believe Mr. Bruns’s actions described below are contrary to the Phoenix Fire Department, Rules of Conduct, under which

Mr. Bruns is employed. [Rules of Conduct, 4, 12, 14 and 15 — PL.000473-474, Attachment 7 ].

(3): Mr. Bruns claimed in court the consequences to Dynamite Water will be “catastrophic” if it cannot continue operations on the

LOT. He seemed to allude to financial trouble. If Dynamite Water is in such financial trouble, how does Mr. Bruns have extra

funds to purchase more land adjoining the LOT? Why purchase more land?

federal, state and local contracts for potable water delivery, among other service.(4) [Information on Dynamite Water Contract with U.S. Navy — PL.000185-189, Attachment 4; Information on Dynamite Water Contract with Arizona Game and Fish — PL.000190-212, Attachment 5; Information on Dynamite Water’s various federal contracts — PL.000335-342, Attachment 6]. (5) He operates commercial water hauling trucks from adjoining neighbors/employees, at 16605 E. Creosote Drive, Scottsdale, Arizona 85262, owned by the Rohrer Family Trust. (Parcel ID 219- 41-079). Mr. Bruns employs two members of the Rohrer family as drivers and a mechanic. Consequently, these three properties together account for nearly eight

(8) acres being used by Mr. Bruns and his several businesses for a commercial/industrial complex in a rural/residential area, zoned RU-43.

Mr. Bruns purchased the rural/residential LOT in January, 2016. [Bruns’s Affidavit of Property Value — PL.000111, Attachment 13]. My wife and I purchased our adjoining property on May 31, 2016. [Supplemental Affidavit of Kip M. Micuda — PL.000272-281, Attachment 2]. At the time, there was nothing constructed on the LOT, contrary to multiple statements by Mr. Bruns; indeed, he did not obtain a building permit as to the LOT until July 7, 2016. [Supplemental Affidavit of Kip M. Micuda — PL.000272-281, Attachment 2; Supplemental Affidavit of John Hornewer, PL.000282-287, Attachment 9; Affidavit of Damon Bruns — PL.000254-256, Attachment 14; Permit — PL.000118, Attachment 15]. The credible evidence, plus Maricopa County and Google aerial photos of the

(4) Additionally, Mr. Bruns has yet to inform here that he has an ownership interest in National Emergency Water, a company that

provides water hauling services interstate and intrastate. [Information on National Emergency Water - PL.000213-216, Attachment

8; Supplemental Affidavit of John Hornewer, PL.000282-287, Attachment 9; Email from Holly Wagner — BRUNS.000185, Attachment

10]. Mr. Bruns is partners in this company with James Cantelme, son of Mr. Bruns’s current attorney, David Cantelme. James Cantelme

already has an industrial complex for his water hauling business on a commercial lot, as is proper. [Information on Cantelme business —

PL.000313-315, Attachment 11; Supplemental Affidavit of John Hornewer, PL.000282-287, Attachment 9]. Mr. Bruns apparently seeks

to have the same complex, but in a rural/residential area. The photograph of Mr. Cantelme’s industrial complex should be startling to

anyone against such a complex in a rural/residential area. [Photo of Cantelme Industrial Complex — PL.000313, Attachment 12]. Thus,

it is inescapable that Mr. Bruns seeks to operate on the LOT multiple businesses that provide interstate, as well as intrastate, services.

None of this commercial activity outside the RVFH benefits the RVFH. Rather, it appears, Mr. Bruns seeks to build an industrial empire

in a rural/residential area that the residents of RVFH essentially subsidize, at the expense of lifestyle and other water haulers, for no

legitimate reason.

(5) The contracts here add to nearly $l Million in late 2019.

LOT, establish that no structure appeared on the LOT until 2017, a direct contradiction to Mr. Bruns’s prior statements and affidavit. [Supplemental Affidavit of Kip M. Micuda — PL.000272-281, Attachment 2; Supplemental Affidavit of John Hornewer, PL.000282-287, Attachment 9; Affidavit of Damon Bruns — PL.000254-256, Attachment 14]. Early to mid-2017, Dynamite Water completed construction of a warehouse. [Supplemental Affidavit of Kip M. Micuda — PL.000272-281, Attachment 2; Supplemental Affidavit of John Hornewer, PL.000282-287, Attachment 9]. Mr. Bruns and his spokesperson, Holly Wagner, (6) have referred to this structure as a “barn,” a future “fire substation” and a “garage,” depending on the context of the representation. [Emails from Holly Wagner - BRUNS.000199, 203, Attachment 17; Affidavit of Damon Bruns — PL.000254-256, Attachment 14]. They have also represented the LOT as agricultural. [Application to Arizona Department of Revenue — BRUNS.000085-87, Attachment 18]. Thus, Mr. Bruns and Ms. Wagner have asserted numerous inconsistent and misleading statements as to the use of the LOT, relying on various agencies and people in authority not communicating and, thus, they will not be held accountable. About mid-2017, Dynamite Water started conducting business from the LOT, operating 1-2 water hauling trucks and storing a few pieces of equipment. [Supplemental Affidavit of Kip M. Micuda — PL.000272-281, Attachment 2]. Dynamite Water’s business operation continued and expanded until the summer of 2019, when Mr. Bruns started to build another structure. [Maricopa County Aerial Photos of LOT over several years — PL.000126-27, 132-33, Attachment 19]. Mr. Bruns has operated and stored, by his own admissions, as many as eight (8) water hauling trucks on the LOT. [Recognition Between Dynamite Water and Rio Verde Fire District — BRUNS.000001-2, Attachment 20; Recognition Between Dynamite Water and Rural Metro Fire Station #826 — BRUNS.000226-227, Attachment 21; Supplemental Affidavit of Kip M. Micuda — PL.000272-281, Attachment 2; Supplemental Affidavit of John Hornewer, PL.000282-287, Attachment 9; Bruns’s Part of Amended Joint Pretrial Statement, pgs 45-47, Attachment 22]. Mr. Bruns

(6) Many have asked me who is Holly Wagner† Holly Kaylene Lasley-Wagner works for Circle K at Alma School and Dynamite

Road. Though she testified in court she is a Controller for a large corporation, she appears to be a counter-clerk and stock-person.

She has regularly represented Mr. Bruns and Dynamite Water in dealings with local organizations, the community of Rio Verde

Foothills, on social media and in the news. She indicated herself as counsel to both at a hearing in Justice Court, until I objected

and she was asked by the court to step back. On August 7, 2019, she and Mr. Bruns created Rio Verde Foothills Volunteer Fire

Support and Emergency Fire Services, a non-profit organization with the Arizona Corporation Commission, in an apparent effort

to bolster their defenses in the litigation. Ms. Wagner was arrested on August 8, 2019, for criminal damage. [Online Maricopa

County Public Records, Attachment 16].

also operates and stores on the LOT numerous pieces of equipment utilized for business, including various tanks and trailers, washing stations commercial pumps and other vehicles. [Supplemental Affidavit of Kip M. Micuda — PL.000272-281, Attachment 2; Supplemental Affidavit of John Hornewer, PL.000282-287, Attachment 9]. All such activities are prohibited by the Zoning Code.

In June, 2019, I contacted Mr. Bruns and asked him to stop conducting a commercial/industrial business in a rural community. He claimed he did not conduct business from the LOT and refused to stop such activities. [Affidavit of Kip M. Micuda — PL.000001-79, Attachment 1; Supplemental Affidavit of Kip M. Micuda — PL.000272-281, Attachment 2; Court Under Advisement Ruling, entered December 4, 2019, Attachment 23]. Consequently, I filed a complaint with the Maricopa County Department of Planning and Development (“Department”). Violation case V201901256. The Department verified the zoning complaint on July 10, 2019, finding a violation of the Zoning Code and issuing a Notice and Order to Comply. [Notice and Order to Comply — PL.000033, Attachment 24]. The Department cited Mr. Bruns and GMI for operating a business on a rural/residential lot and for maintenance of commercial vehicles on the LOT. [Maricopa County Records — PL.000080, 82, Attachment 25]. Mr. Bruns entered a Compliance Agreement (hereinafter “Agreement’) with the Department on August 7, 2019, admitting “responsibility for the Violation,” negating his prior denials to the Department and to me that he did not conduct business on the LOT. [Compliance Agreement - PL.000041, Attachment 26]. At least one Department representative referred to the business activities on the LOT as “an industrial complex,” contrary to the rural/residential zoning.

On September 19, 2019, my wife and I filed a civil complaint against Mr. Bruns, Dynamite Water and others in Maricopa County Superior Court, Cause CV2019-012879, seeking injunctive relief to terminate the business activities on the LOT and seeking damages. The court found and concluded that Mr. Bruns and Dynamite Water, among other defendants, caused a public nuisance and a private nuisance and imposed a preliminary injunction as to future business activity on the LOT. [Court Under Advisement Ruling, entered December 4, 2019, Attachment 23]. Prior to the injunction taking effect, Mr. Bruns’s demanded the court address his request that my wife and I post a cash bond of nearly $100,000 to cover alleged damages of Dynamite Water for operating from a local commercial lot because the injunction would be “catastrophic” to Dynamite Water. A trial on the issue was scheduled. Significantly, thirty (30) minutes into the trial, counsel for Mr. Bruns informed the court, after reviewing my pretrial memo to the court on Mr. Bruns’s bond claim, he wished to discuss settlement of the bond issue. [Plaintiffs' Separate Bond Hearing Statement, filed January 14, 2020, Attachment 27]. My memo showed how many of the expenses incurred by Dynamite Water would actually be less if it operated from the commercial lot Mr. Bruns proposed.

Ultimately, the parties agreed Dynamite Water could continue to operate only two (2) water hauling trucks from the LOT, under restricted hours and days, consistent with positions at the time in support of a proposed rule change by the Department as to water hauling trucks. Contrary to his prior statements in court and elsewhere, Mr. Bruns stated he required only two (2) trucks to service the RVFH. The court entered the agreement as a court order. [Court Minute Entry, entered on January 15, 2019, Attachment 28]. Mr. Bruns waived his demand for a bond, despite his prior representations that an injunction would be “catastrophic.” The order also required Mr. Bruns and Dynamite Water to remove all equipment from the LOT. [Court Minute Entry, entered on January 15, 2019, Attachment 28]. To date, Mr. Bruns and Dynamite Water have failed and refused to follow the strict terms of the order, often operating more than two (2) trucks from the LOT, violating the restricted hours and days outlined in the order and refusing to remove the equipment, as directed. [A spreadsheet of some of Mr. Bruns’s violations of the court order is currently being compiled and will be available and disclosed when complete]. Further, Mr. Bruns and Dynamite Water violate the spirit and intent of the order by operating water hauling trucks from employees’/adjoining neighbors’ (the Rohrer's) lot; an obvious attempt to avoid the terms of the court order.

In December, 2019, Mr. Bruns applied to the Department for a Special Use Permit to allow Dynamite Water to conduct business on the LOT; that is, to utilize the entire five (5) acres as an industrial complex. Mr. Bruns’s justification for such an unprecedented permit in the RVFH is that the permit is essential for Dynamite Water to operate; that Dynamite Water provides unique potable water delivery services to the RVFH; and that Dynamite Water provides fire support to the area. Mr. Bruns misleads and misrepresents, as evidenced by the details outlined above and below. As a result, others, including county and state tax- payers, bear the consequences of his actions, not him. A Special Use Permit in this context is little more than a financial subsidy to Mr. Bruns; Mr. Bruns and Dynamite avoid their share of various taxes and fees, while the residents of the RVFH, as well as residents of Maricopa County and competitors, pay theirs. Worst, such a permit is contrary to the interests of the RVFH community and opens the door wide to future industrialization of this community, which has fought hard to maintain its rural lifestyle. Apart from dispelling any justification for the permit, other purposes of this letter are to shed light on some of Mr. Bruns’s activities and show how support for such activities is an unequivocal afront to truth, reason and the law.

First, in stark contrast to the hysteria manufactured by Mr. Bruns and Ms. Wagner, Dynamite Water’s operations are not at risk by either being precluded from operations on the LOT, or by strictly limiting operations on the LOT.(7) Dynamite Water has been operating in the RVFH since 2006. [Supplemental Affidavit of John Hornewer, PL.000282-287, Attachment 9; Online information on Dynamite Water — PL.000183, Attachment 29; Arizona Corporation Commission on Dynamite Water — PL.000198, Attachment 30]. Mr. Bruns did not purchase the LOT until late 2015 or early 2016, ten (10) years later. [Supplemental Affidavit of John Hornewer, PL.000282-287, Attachment 9; Bruns’s Affidavit of Property Value — PL.000111, Attachment 13]. Mr. Bruns’s assertion Dynamite Water cannot operate without doing business on the LOT ignores the history, long past and recent. So how did Dynamite Water operate in the RVFH for ten (10) years prior to purchasing the LOT? Mr. Bruns did the same things all other potable water haulers in the RVFH still do; he parked trucks and equipment at his home, at the homes of drivers and wherever else he was allowed. [Maricopa County Aerial Photos of Bruns Residence with Trucks over several years — PL.000288-290, 316- 317, Attachment 31; Photo of Bruns Residence with Truck in November, 2019 — PL.000318, Attachment 32; Maricopa County Aerial Photos of Rohrer Residence with Trucks over several years — PL.000.291-296, 297-299, Attachment 33; Photos of Rohrer Residence with Trucks since mid-2019 — PL.000156, 162-63, Attachment 34; Supplemental Affidavit of John Hornewer, PL.000282-287, Attachment 9]. Mr. Bruns can still operate as other water haulers in the area, especially with the Department’s proposed rule for water hauling trucks. Instead, Mr. Bruns sought a competitive advantage by purchasing the LOT and then operating his business illegally in a residential area. By doing so, he has, for instance, apparently paid less to operate by avoiding the cost of commercial property to operate from and has avoided property taxes for a commercial use. Mr. Bruns’s assertion that business operations on the LOT are essential for Dynamite Water to continue operations simply ignores that Dynamite Water operated for ten (10) years prior to the purchase of the LOT. Moreover, after Mr. Bruns argued in court that an injunction precluding operations on the LOT would

(7) Notably, Mr. Bruns has failed and refused to produce any financial records personally or for Dynamite Water in the suit filed by my

wife and I. Accordingly, he failed to produce any corroborating evidence to his vague, self-serving testimony of the alleged consequences

to Dynamite Water if it cannot operate on the LOT. As a consequence, in part, the court entered a preliminary injunction against Mr. Bruns

and Dynamite Water as to operations on the LOT. Mr. Bruns and Ms. Wagner have offered no more outside court. Nothing but vague and

conclusory assertions, expecting people to simply accept their words. To merely accept their words is to ignore the facts. If Mr. Bruns had

credible evidence that Dynamite Water would be at risk if not allowed to operate on the LOT, he would have provided that evidence to the

court. He did not. Moreover, Mr. Bruns would not have changed positions several times in court, ultimately affirming he only needs two

(2) trucks to service the RVFH.

be “catastrophic,” he changed his position and asserted in court that he really only needed four (4) trucks to service the RVFH. My memo to the court showed how his new position was still misleading, at best. [Plaintiffs Separate Bond Hearing Statement, filed January 14, 2020, Attachment 27]. In the face of my memo, Mr. Bruns changed his position again, agreeing he could actually service the RVFH with merely two (2) trucks, contrary to his prior statements. [Court Minute Entry, entered on January 15, 2019, Attachment 28]. Accordingly, in court Mr. Bruns virtually abandoned his contention that the LOT is essential to the operations of Dynamite Water. Since Mr. Bruns himself avowed to the court that Dynamite Water needs only two (2) trucks to service the RVFH, he can park a truck at his home and at employees’ residences, as he currently does on occasion and has done for years. [Photo of Bruns Residence with Truck in November, 2019 — PL.000318, Attachment 32; Maricopa County Aerial Photos of Rohrer Residence with Trucks over several years — PL.000.291-296, 297-299, Attachment 33; Photos of Rohrer Residence with Trucks since mid-2019 — PL.000156, 162-63, Attachment 34]. Despite this reality, Mr. Bruns and Ms. Wagner continue to misrepresent that Dynamite Water cannot operate without the LOT. Other than the operation of two (2) trucks from the LOT, Dynamite Water has operated since January, 2020, without the vast majority of trucks and equipment owned by Mr. Bruns being operated and stored on the LOT. He has yet to disclose where else he operates and stores his trucks and equipment. Despite these facts, Mr. Bruns persists in seeking a Special Use Permit to operate and store at least eight (8) water hauling trucks and numerous pieces of commercial equipment in such a way, on a rural/residential lot, to save him money and secure a huge competitive advantage over other water haulers who operate within the law. No one benefits by the pending application for special use but Mr. Bruns. In so benefiting, a likely consequence is that other water haulers cannot compete and either follow Mr. Bruns in establishing other industrial complexes in the RVFH or go out of business. Even so, the assertion Dynamite Water cannot operate without conducting business on the LOT is false. Mr. Bruns’s own statements and changed positions in court reveal the untruthfulness of his and Ms. Wagner’s pleas to the contrary to the RVFH community, the Department and the Board of Supervisors.

Next, Dynamite Water is one of three (3) potable water delivery services in the RVFH. It does and offers virtually nothing that is not or cannot be provided by competitors. There is nothing unique about Dynamite Water, but for its operations being centralized on a rural/residential lot, contrary to the Zoning Code. Indeed, even while Ms. Wagner represents the LOT as a potential fire substation to others, she is quick to point out that Dynamite Water would do nothing more than provide water. [Email from Holly Wagner - BRUNS.000199, Attachment 17]. Regardless of the labels of the use of the LOT or services of Dynamite Water, Mr. Bruns and Ms. Wagner themselves limit Dynamite Water to water delivery; that is, the normal daily services Dynamite Water and other water haulers provide to the RVFH.

Finally, Mr. Bruns and Ms. Wagner emphasize Dynamite Water provides fire support to the area. Each ignores the fact that the other water haulers in the community also provide fire support to the RVFH. Historically, even before Rural Metro Fire Station #826 (“Rural Metro”) (8) introduced a station into the RVFH, water haulers fought fires from their homes where they parked their trucks. Water hauling trucks were, and continue to be, but for Dynamite Water, dispersed throughout the RVFH. In court, Mr. Bruns exaggerated the fire support of Dynamite Water and showed he has “recognitions” of his trucks by Rio Verde Fire District and Rural Metro. (9) [Recognition Between Dynamite Water and Rio Verde Fire District — BRUNS.000001-2, Attachment 20; Recognition Between Dynamite Water and Rural Metro Fire Station #826 — BRUNS.000226-227, Attachment 21]. (10) What Mr. Bruns did not inform in court was that he secured a “formal” exclusivity agreement from Rural Metro for fire support services; that is, Rural Metro will only call Dynamite Water for fire support. (11) This arrangement defies reason and smacks of collusion and conflicts of interest. Recent fires in the RVFH expose the danger of such an ill-conceived arrangement by those the RVFH is to trust, its fire fighters.

(8) Rural Metro is a private company; it is not a government agency. It leases the land in the RVFH upon which it is located. It is largely

unregulated and has little to no authority greater than anyone else in the RVFH. Rural Metro is paid by residents of the RVFH, via a

subscription service, for fire services.

(9) More recently, I understand, Rio Verde Water obtained a similar recognition from Rio Verde Fire District.

(10) Mr. Bruns misrepresented to both Rio Verde Fire District and Rural Metro that the Arizona Department of Transportation (“ADOT”)

certified his water hauling trucks as “emergency service vehicles.” This is false, as explained further below. For ADOT to certify water

hauling trucks as “emergency service vehicles,” as indicated on Dynamite Water’s trucks, such trucks must be used for firefighting only.

Mr. Bruns uses his trucks daily for water delivery, as he himself states in his affidavit. [Affidavit of Damon Bruns — PL.000254-256,

Attachment 14].

(11) On June 3, 2019, Mr. Bruns and Ms. Wagner made a presentation to the Rio Verde Horseman’s Association. Each perpetuated many

statements shown herein to be false. Further, each represented that Dynamite Water has a “formal contract” with Rio Verde Fire District

and Rural Metro Fire Station #826. [Rio Verde Horseman ’s Association, Board of Director’s Meeting, Attachment 35]. The contract

appears to be for exclusive fire support services, contrary to the practice in the RVFH for decades.

Recently, after attempting to contact Rural Metro Chief, John Kraetz, three (3) times, and waiting months for a response, Mr. Hornewer, of Rio Verde Water, had a meeting with heads of Rural Metro. The meeting was instigated by Rural Metro Chief, John Kraetz, directing an unknown person to send Mr. Hornewer a private message through Facebook, directing Mr. Hornewer “don’t ask... questions.” [Private Message on May 20, 2020, Attachment 36]. Mr. Hornewer recorded the meeting. The recording is currently being transcribed. Additionally, Mr. Hornewer had a witness attend the meeting with him, a former fire fighter. At one point during the meeting, Mr. Hornewer asked Chief Kraetz if he calls Mr. Bruns when there is a fire and support is needed. Chief Kraetz denied he did so. When Mr. Hornewer informed Chief Kraetz that Mr. Bruns and Ms. Wagner have stated openly the opposite, Chief Kraetz changed his response and admitted to calling Mr. Bruns for fire support. Chief Kraetz confirmed he has not, and does not, call any other private water hauler. Battalion Chief, Dennis Rohrman, also at the meeting, informed that Rural Metro attempted to call Mr. Bruns four (4) to five (5) times, over hours, from the evening of December 20, 2019, through early morning the next day, for help on a home fire. Mr. Bruns failed to respond to the call, apparently, before about 4:00 a.m., December 21, 2019. The location of the home is 29808 N. 166th Way. Mr. Bruns introduced in court evidence of a message from Rural Metro at 3:57 the morning of December 21, 2019. [Bruns Corporate Answer Messenger, Attachment 37]. Mr. Bruns did not disclose that Rural Metro had been calling him throughout the night. As a consequence of the apparent exclusivity arrangement between Dynamite Water and Rural Metro, no other fire support services were requested by Rural Metro, even though Rio Verde Water had a truck full of water available less than three (3) minutes away, about the same distance as the LOT on which Dynamite Water has been operating. The home was completely destroyed. There should be little doubt the home owner suffered significantly more loss because of the ill-conceived arrangement between Dynamite Water and Rural Metro. Moreover, there should be no doubt the community is being put at risk due to the exclusion of the other water hauling companies from fire support.

On May 15, 2020, a fire erupted near Aloe Vera and 136'h street. Rural Metro and Rio Verde Water extinguished the fire. Rio Verde Water appeared because drivers saw smoke. Rural Metro called only Dynamite Water, which did not arrive at the scene for nearly an hour, after the fire was extinguished.

More recently, on May 19, 2020, a fire erupted at Rio Verde Drive and 144th Street. Chief Kraetz directed Mr. Hornewer and his water hauling truck away from the fire. Other Rio Verde Water employees proceeded in the opposite direction. Fortunately, they relocated in time to see the fire jump Rio Verde Drive to the north and they extinguished the fire. At another point, employees of Rio Verde Water observed two Rural Metro fire fighters exhaust the water in their truck. They offered to refill the Rural Metro truck instantly. Amazingly, Rural Metro refused the water, opting to break-off the fire and drive to Scottsdale to refill their truck. After Rural Metro broke-off the fire, Rio Verde Water employees fought the fire. Finally, at one point, Mr. Hornewer observed a new fire approaching a home. Neither Rural Metro nor Dynamite Water was around. Rio Verde Water extinguished the fire. During the meeting with Mr. Hornewer, Chief Kraetz did not deny any of the foregoing.

A number of other fires have occurred in the RVFH since December, 2019. Not once has Rural Metro contacted any water hauler, but Dynamite Water. Nevertheless, Rio Verde Water either extinguished or provided fire support in nearly every fire. It did so by drivers observing smoke or fire and immediately proceeding to the scene. As Mr. Hornewer has commented to many, a fire means “all hands-on deck.” So, while Mr. Bruns and Ms. Wagner shamelessly tout accolades about Dynamite Water, at least two instances exist in the last several months when Dynamite Water failed to show for fire support in a timely manner. In other words, fire support was critically delayed and limited because of the apparent exclusivity arrangement between Dynamite Water and Rural Metro. Rather than bolster fire support by their arrangement, Dynamite Water and Rural Metro have acted in concert, unknowingly or otherwise, to limit fire support. Consequently, the apparent arrangement between Dynamite Water and Rural Metro has increased the risk of loss for all in the RVFH. No doubt, property owners have already suffered more fire loss than they should have. I expect there is a story here way beyond Mr. Bruns’s application for a Special Use Permit and the Department’s proposed rule as to water hauling trucks. Given the significant and substantial public interests, liability and risks, I urge the Department and Board of Supervisors to ask either or both the Maricopa County Attorney and Arizona Attorney General to investigate. Further, recent postings on Nextdoor by Ms. Wagner about recent fires merely highlight the concerted effort by her and Mr. Bruns to mislead no matter the consequences to others. [Nextdoor Posts Starting May 18, 2020, Attachment 38; Nextdoor Posts Starting May 19, 2020, Attachment 39; Nextdoor Posts Starting May 22, 2020, Attachment 40].

In the end, considering the facts, not misleading or false statements, Mr. Bruns’s assertions in support of his Special Use Permit are overstated, at best. Nevertheless, other facts and circumstances support outright rejection of Mr. Bruns’s Special Use Permit.

The granting of a Special Use Permit here is directly contrary to the zoning and lifestyle of the RVFH, for which I expect most residents moved to the RVFH. The RVFH is rural, residential and comprised mostly of horse property. Nearly all the roads are dirt. People, including my wife and me, located to the RVFH area for the solitude and to escape urban life, including the sights, sounds, and smells of an urban area, especially commercial/industrial activity. Indeed, the closest gas-station for many is a nearly twenty (20) minutes away. The closest grocery store is thirty (30) minutes away. Accordingly, everyday household costs are more than living in an urban area. Doing most things in life, but enjoying the outdoors, takes more time and costs more. Most people make significant sacrifices to live in the RVFH. Thus, many people, and certainly my wife and me, locate to the area not for a particular home that can either be built or purchased anywhere in the Phoenix Basin, but for the immediate outdoor use and enjoyment of living in a solitary and beautiful part of the Sonoran Desert; that is, to live in a sparsely populated area with a community committed to maintaining the rural/residential character, use and lifestyle. Other than a few permitted uses in the RVFH, there is no commercial or industrial complex in the RVFH. Mr. Bruns’s Special Use Permit is directly opposed to the character and traditional use of land in the RVFH. Further, such a permit would likely begin a slippery slope to the demise of the rural/residential lifestyle of the RVFH and, thus, likely cause a diminution of value of properties. If the permit is granted, competitors of Dynamite Water will likely seek similar permits just to continue to operate, as well as to secure a competitive equal-footing with Dynamite Water. In the face of Dynamite Water offering nothing different to the community, denying other like- businesses a similar permit appears arbitrary. Moreover, while Mr. Bruns and Ms. Wagner misrepresent that Mr. Hornewer and I look to put Dynamite Water out of business, the facts strongly suggest, instead, that Mr. Bruns acts to put his competitors out of business, thus monopolizing the delivery of potable water and fire support services in the RVFH area. Neither Mr. Hornewer nor I have any desire or design to put Dynamite Water out of business. Statements to the contrary by anyone are defamatory.

Mr. Bruns and Dynamite Water advance other misleading and false pretenses to justify the Special Use Permit. Ignoring for the moment the details showing Mr. Bruns has acted contrary to the law, violated the letter and spirit of the court order entered in January, 2020, and constantly misleads and/or misrepresents to others, the request for special use is a request of Maricopa County for special treatment. What has either Mr. Bruns or Dynamite Water done to earn such special treatment from our representatives, especially treatment that places other like-businesses at a significant competitive disadvantage? I strongly suggest each has done nothing. Instead, Mr. Bruns has acted contrary to his legal and moral obligations to the RVFH community, especially given his status as a Captain for Phoenix Fire Department. Again, Mr. Bruns overstates and misleads, at best, when he asserts operations on the LOT are essential for Dynamite Water to continue; that Dynamite Water provides unique potable water delivery services; and that Dynamite Water alone provides essential fire support to the area.

Mr. Bruns and or his spokesperson, Holly Wagner, also engaged in the following wrongful acts on behalf of Dynamite Water:

Mr. Bruns misrepresented to me on June 9, 2019, that he was not engaged in business on the LOT. [Affidavit of Kip M. Micuda, para. 6, PL.000001-79, Attachment 1];
Mr. Bruns misrepresented to the Department when he again claimed he was not engaged in business on the LOT and that he did not maintain or repair water hauling trucks on the LOT;
Mr. Bruns has stated that diesel fuel is neither delivered to the LOT nor dispensed on the LOT. Documents subpoenaed from Senergy show nearly weekly deliveries of 500-1000 gallons of diesel feel to the LOT [Documents from Senergy showing fuel deliveries to LOT — PL.000489- 924, Attachment 41]. Mr. Bruns, a Captain fire fighter, has converted a rural/residential lot into a toxic/hazardous materials site;
Mr. Bruns claimed in his affidavit that the ADOT certified his water hauling trucks as “emergency service vehicles.” [Affidavit of Damon Bruns — PL.000254-256, Attachment 14]. According to ADOT, Mr. Bruns never submitted certifications to ADOT, despite his affidavit to the contrary. The certification requires that such a vehicle be used for fire services only to obtain an exemption to paying registration. [Certifications Signed by Bruns — BRUNS.000003-10, Attachment 42]. Mr. Bruns completed eight (8) such certifications and offered them in court and to others to represent that ADOT certified his trucks as “emergency service vehicles.” [Certifications Signed by Bruns — BRUNS.000003-10, Attachment 42; Supplemental Affidavit of John Hornewer, PL.000282-287, Attachment 9; Affidavit of Damon Bruns — PL.000254-256, Attachment 14; Email from Holly Lasley Wagner — BRUNS.000178, Attachment 43]. He misrepresented. Then Mr. Bruns represented in his same affidavit that each such truck is used daily for potable water delivery, contrary to the certifications he offered in court and to others, like Rio Verde Fire District and Rural Metro. [Recognition Between Dynamite Water and Rio Verde Fire District — BRUNS.000001-2, Attachment 20; Recognition Between Dynamite Water and Rural Metro Fire Station #826 — BRUNS.000226-227, Attachment 21; Affidavit of Damon Bruns — PL.000254-25, Attachment 14]. Mr. Bruns misrepresented again;
Mr. Bruns applied to the Arizona Department of Agriculture for a tax exemption as to the LOT. [Application to Arizona Department of Revenue — BRUNS.000085-87, Attachment 18]. Mr. Bruns failed to disclose a home site on the LOT and he claimed all five (5) acres are agricultural, despite a commercial garage [see, for example, Email from Holly Wagner - BRUNS.000199, Attachment 17], a residence and the business operations of Dynamite Water on the LOT. Mr. Bruns misrepresented;
Upon my zoning complaint to the Department, Mr. Bruns retaliated against my wife and me by cutting off our potable water without notice; he and Holly Wagner falsely stated to others that I was following all water hauling trucks and complaining to the Department; (12) Mr. Bruns told Mr. Hornewer of Rio Verde Water that he wanted all water haulers to refuse my wife and I water and that he wanted to make us “hurt”; and the preponderance of the evidence supports Mr. Bruns poisoning our dog. [Affidavit of Kip M. Micuda, paras. 16-20 — PL.000001-79, Attachment 1; Supplemental Affidavit of Kip M. Micuda, para. 10 — PL.000272-281, Attachment 2; Affidavit of John Hornewer, PL.000035- 39, Attachment 44; Affidavit of Gary Thaifault, Attachment 45].
In further retaliation for my complaint to the Department, Ms. Wagner, on behalf of Mr. Bruns and Dynamite Water, stated on Nextdoor, about October 11, 2019, that I “turned in the hauler water companies and all three have been found in violation with Maricopa County.” [Nextdoor Posting by Holly Wagner, Attachment 46; Nextdoor Postings by those Responding, Attachment 47]. Her statement is false; I reported as to Dynamite Water and his employees, the Rohrers. Ms. Wagner’s statement was defamatory and undoubtedly made in an effort to incite violence against me and my wife, as well as bully and intimidate us. People responded to her that they should come to our home and one person stated I was the most hated person in the RVFH. I contacted authorities, including the Maricopa County Sheriff, about the potential for violence;
Mr. Bruns argued in the civil suit by my wife and me that Dynamite Water was conducting business on the LOT before we purchased our property. [Bruns’s Part of Amended Joint Pretrial Statement, pgs 45- 47, Attachment 22]. Aerial photographs of the LOT in 2015 through 2017 show otherwise. [Maricopa County Aerial Photos — PL.000125, 126, 128, 129, 131, 155, Attachment 48]. Mr. Bruns misrepresented;
Mr. Bruns argued in court that he cut-off water to my wife and me because we had a past-due account. [Bruns’s Part of Amended Joint

(12) Neither Mr. Bruns nor Ms. Wagner has ever explained why I would follow water hauling trucks around the RVFH. Most of

the time, I work six to seven days a week. I am responsible for the jobs of others in my law practice. I do not have time to follow

water trucks around. I submit no reasonable person would, even if she/he had the time. Further, neither Mr. Bruns nor Ms. Wagner

has ever stated when I was following trucks, nor has either ever offered any evidence other than their testimony, which was false.

Their assertions are defamatory for which I will be seeking damages.

Pretrial Statement, pgs 45-47, Attachment 22]. The credible evidence at trial showed otherwise. [Micuda Part Of Amended Joint Pretrial Statement, pg 21, Attachment 49; Dynamite Water Invoice — PL.000222, Attachment 50; Affidavit of John Hornewer, para 7- PL.000035-39, Attachment 44].

10. Mr. Bruns and Holly Wagner represented in court that horses have consistently been located on the LOT for years. Aerial photographs of the LOT show otherwise;

The foregoing wrongful acts are not exhaustive; however, they do show a propensity on the part of Mr. Bruns and Ms. Wagner to mislead, misrepresent and cheat. They ignore the law and norms the vast majority of us follow. I submit a pattern of past conduct is the best evidence of future conduct. In essence, Mr. Bruns and Dynamite Water cannot be trusted to limit their operations according to the law; they do not follow binding limits now. Accordingly, I strongly urge that Mr. Bruns and Dynamite Water be restricted in their activities and held strictly accountable. Mr. Bruns is counting on the Department being passive and doing little to enforce. Thus, the easiest most effective path forward here is to deny the application for special use and adopt a restrictive rule as to water hauling trucks.

Finally, and perhaps most importantly, the Department has proposed a rule to allow an exception to the Zoning Code of one (l) water hauling truck to be operated and stored on a rural/residential lot. The water haulers, I understand, support the rule, but urge that two (2) trucks be allowed. I supported the original proposal and the change suggested by the water haulers. However, after observing Mr. Bruns and Dynamite Water ignore, for months, the letter and spirit of the current court order in the matter involving my wife and me, which is consistent with the rule proposed by the water haulers, I was compelled to change my position. I now urge that only one (1) truck be excepted, as the Department originally proposed. I explained my change of mind to Mr. Hornewer, owner of Rio Verde Water. Since I have known Mr. Hornewer, he has consistently placed the interests of the RVFH above his own. However, even with an exemption for one (l) truck, Mr. Bruns will likely attempt to cheat. He already operates trucks from his neighbors’/employees’ (the Rohrers) lot. Mr. Bruns most recently purchased another acre adjoining the LOT. Thus, with three lots adjoining, eight (8) acres total, it appears Mr. Bruns expects to operate at least three (3) trucks, if not six (6), and continue his industrial complex without a special use permit. Further, Mr. Bruns could subdivide the LOT and create five lots for operating his trucks. Accordingly, I urge the Department to propose and the Board of Supervisors to approve a rule excepting one (1) water hauling truck only per lot, but only if within no less than a quarter-mile radius of any other water hauling truck. With such a rule, Mr. Bruns’s application for a Special Use Permit can and should be refused and the nature and character of the RVFH protected and preserved.

Most significantly, a key benefit of the proposed rule, in contrast to the permit Mr. Bruns seeks, relates to fire support. Mr. Bruns looks to centralize his trucks and equipment in one place merely two (2) miles from Rural Metro. Consequently, such fire and fire support services are centralized at one extreme end of the RVFH. Historically, even before Rural Metro, water haulers fought fires from their homes where they parked their trucks. This meant water hauling trucks were dispersed throughout the RVFH. It is beyond credible dispute that time is of the essence as to fires. The proposed rule would continue the practice of water haulers parking at their homes, thus, dispersing fire support--hauled water-- throughout the RVFH. The point of fire substations, like police substations, is to locate services closer to where they are needed. The proposed rule does exactly this, obviating any need, real or fictitious, for permits that look to centralize fire support equipment and services. In the end, Mr. Bruns’s application for a Special Use Permit is contrary to the interests of the RVFH. Mr. Bruns’s application for special use should be rejected.

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