MERRY CHRISTMAS

and a HAPPY NEW YEAR TOO. Click here for MERRY XMAS.

LAND AHOY

Ruston, WA regular Town Council meeting December 7, 2009 continued:

2010 BUDGET

Bruce - Whole lot of items, spending money.
. Most with efficiency ramifications.
. Lyle Hardin joining us and
. Town website needs functionality.
. Each Council member will have assignment.
. Need to integrate all Town services.
. Provide better communication with residents.
. $24 thousand dollars $2 thousand dollars per month to upgrade and maintain Town website.
. This is vital to Town and Community.
. An application for a "lot line adjustment" could be printed off of website.
. We are now operating in the dark ages.
Bruce - Other HOT BUTTON item - Document Imaging.
. Need to contract for copying all Town documents.
. Public Records Request, FOIA, documents could be retrieved off of server.
Bruce - POLICE/FIRE DEPARTMENTS
. Requires new uniforms, professionalism.
. When exiting vehicles they are the first line of interaction with public.
. Need to carry the flag.
. Things are getting better in the Town.
. Investors, home buyers need to see a good image of the Town.
. First meeting is a call for service.
. Need to take care of items.
Bruce - POLICE
. Need to protect them.
. Facilities need help: No security, no surveillance cameras, now have hollow core doors.
. No cost estimate yet.
. We need to be the Town people want to live in.
. Needed to separate us apart.
. Current deficit $125 thousand dollars reduced shortfall by $350 thousand dollars.
Jane - Document Imaging, website. Are these added charges?
Bruce - Yes. Interest income at 1.7 percent.
David - Need to vote on budget by next council meeting is deadline. Can amend.
Jane - Public has right to know.
. We pay more for black and white copier than RICO scanner.
. I feel good about what we are doing.
. We are getting things under control.
Jim -
. $24 thousand dollars to upgrade website seems high.
. Ability to pay utility bills online I support that.
. Police Department needs added security.
. Need hard costs. No set time limit.
Wayne - We can establish for less, lower maintenance.
Bruce - Flash on hope we get it.
Jane - WA State Statute requires we approve budget by year end.

MAYOR'S TIME

Bruce - I have rambled enough. One more thing I need help. Wayne Stebner is off the hook. Assignments follow:

Bruce -
. Jim Hedrick
. appreciate your effort in lawsuit.
. Takes huge amount of time.
. Continue to appreciate time expended.
Jeremy Kunkel
. Continue to make environment safer.
Don Torbet
. Will work with.
Bradley Huson
. Work with Rob on impact fees.
. Establish investment policy for the Town.
Lyle Hardin
. Update Town website.
. Who and how we can work with.
. Would like audio and flash pictures.

COUNCIL TIME

Wayne - Nothing.
Bradley -
. I agree with most all
. One thing. Need capital improvement fro Town Hall.
. Expending luxuriously on two things one has to go.
. Need to sell School. It needs to go.
. Has a remaining 495 year lease.
. Is a source of continuing problems.
Bruce -
. Razing school is ill conceived.
. Building is compromised.
. Continually generates problems.
. Need a new building.
. Could go three stories without blocking views.
Jim -
. Congratulations to new Council Person Lyle Hardin.
. What if our Police compromised. Windows and blind corners are bad.
. As of recent events Police policies will change across the nation.
. Thanks to resigned Town Clerk/Treasurer Karen Carlisle for service to Town.
. People standing at corner of 49th and Baltimore have come to my attention.
. One was recently taken downtown by police on an outstanding warrant.
. Whoever is paying them it is time for them to go.
. They are using Park facilities to relieve themselves.
. They are disrespectful to Police officers.
. Will write letter and show to Mayor and Town Attorney.
Jane -
. I will be happy to sign letter.
. Utility tax Ordinance properly distributed.
. Process followed AWC and PSE standards.
. Encourage meeting with Business District.
. We could make Town Hall three stories to accommodate all.
. Will cost $300 thousand dollars to remodel.
. Need notice to home owners with oil tanks free insurance is available.
. Recent oil tank spill brought in WA State Department of Ecology who had boats in the bay to contain spill.
. Cost of cleanup incurred by resident.
. Liability insurance is provided free if you ask.
. Need to get out to citizens in Town Newsletter.
Bruce -
. Have notified them sidewalk is torn up.
. Remediation is substantial.
. Town will not bear cost.
. If not repaired timely we pay and send bill to homeowner.
Lyle - Briefly.
. Thanks Community for trust placed in me.
. Thanks Council.
. Has neighbor paying two cents per gallon heating oil to cover liability insurance.

Motion to ADJOURN 8:30 passes 5-0.

Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Wayne Stebner, Lyle Hardin, Jane Hunt
Attorney, David Britton
Planner, Rob White
Clerk/Treasurer, ??????????
Fire Chief, Don Torbet
Police Chief, Jeremy Kunkel
Electrician, Mo Fesharaki
-30-

SHIP AHOY

Ruston, WA regular Town Council meeting December 7, 2009 7 pm:

The storm is coming to an end for the town of Ruston and outside of a few squalls it appears smooth sailing is in our future. First order of business was swearing in of LYLE HARDIN as the newest council person. Welcome aboard Lyle.

Mariah, the Town Utility clerk was acting Town Clerk. Nothing was reported on the hiring of a new clerk to replace Karen Carlisle who resigned December 1 after four arduous years under the previous administration. Only her diligence and dedication to serving the Town of Ruston helped her make it through. Karen was an obvious pawn caught in between the Tacoma Cabal members of the Town and the pro Ruston side which led to multiple resignations. She bore the brunt of the internecine warfare that dominated the council for four years. All her knew her admire her perseverance and wish her well.

Apparently no exit interview was held. No goodbye no thank you. No goodbye coffee klatch. It wasn't always like this. The Town has lost a lot of it's small town atmosphere and just plain friendliness.

BUSINESS AGENDA

Motion by Wayne Stebner to move Agenda Item 3 up to number 1 was seconded and approved 5-0.

Agenda Item number 1 - STREET LIGHTING DISCUSSION
involed presentation of bids by Mo Fesharaki, Town Electrician.
Mo -
. Four streets selected: Pearl, Highland, Shirley and Winnifred.
. One contracor or multi contractor? Lowest price was using three lowest bidders.
Bruce - Pearl street withdrawn due to budgetary constraints. Pearl street is a State Highway. Will work with city of Tacoma. Work on three contractor phased approach. Currently $372 thousand dollars in reserve fund.
Mo -
. Pearl street to be done later low bid $90,840.
. Low bids: $101 thousand dollars for Winnifred, $71 thousand dollars for Highland, $9 thousand dollars for Shirley. Not sure about Shirley bid.
. POINT RUSTON being on Ruston Way requires better lighting and will not use more expensive "dim bulbs" lights to be used in Ruston. Better known as the lights in the iron mask.
Wayne - Where will funds come from.
Bruce -
. Hotel, Motel tax will be used later.
. Have to get started not big enough Town to do all at once.
Wayne - Use property reserve fund?
Bruce - We have enough in reserve.
Jane - enter contract discussions with Tacoma and State of Washington for Pearl street.
Jane and Wayne - Do all three now get it over with.
Wayne - Present lights are dangerous.
Wayne makes motion to do all three at once, Jane second.
David - Motion is to authorize contractor negotiations.
Bruce - Don't mean to cry broke then spend money but reserves can only be used for specific purposes.
Mo - Total for lights $345 thousand dollars plus approximately three thousand dollars shipping.
Mo - Don't forget Engineering fees.
Motion to allow Mayor to enter negotiations passes 5-0.

Agenda Item 2 - Extension of agreement for Judge Sandra Allen
Put off for next meeting 5-0.

Agenda Item 3 - 2010 BUDGET
Bruce -
. From now on you will receive Electronic delivery. No more printing expense no more Police time expended making delivery.
. Budget deficit for next year $125,543 dollars.
. Involves spending money.
. Harbor Improvement fund transferred into sewer reserve fund. Additional $334 thousand dollars puts Sewer fund at $713 thousand dollars.
. Separation interview with outgoing council member pointed out need to improve Town Hall.
. Needs weatherization and no more huddling around space heaters.
. Provide better and safer working environment.
Wayne - bring up to ADA (Americans with Disabilities Act) standards?
Jane - Major cost will be bathrooms.
Wayne - What about Fire trucks?
Bruce -
. Fulfills need to bring Town into 21st Century.
. The old school building is an absolute mess.
. We have only joint use parking 5 am to 5 pm.
. 495 years left on lease.
. Mary Joyce community center will only be used for Town events.
. When court is in session very busy.
Bradley - What about space we have in school?
Bruce - suitable only for offices.
Lyle - Meeting with Planning Commission Wednesday "Shoreline Management".
Bruce -
. Engineering plans already drawn.
. We have $25 thousand dollar grant.
Lyle - No additional costs?
Bruce -
. Shoreline goes away becomes private.
. No ongoing planning for Shoreline management.
Jim - Can we plow Harbor Fund into sewer loan?
Bruce - No. We need money to loan to residents who can not afford side sewer replacment.
Jane - Street to house requires private funding, cannot us loan money.
Wayne - Heavy rains cause sewage treatment plant to be overwhelmed.
Bruce - I have whole list of items requiring spending money.

TO BE CONTINUED TOMORROW GETTING LATE.


Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Wayne Stebner, Lyle Hardin, Jane Hunt
Attorney, David Britton
Planner, Rob White
Clerk/Treasurer, ??????????
Fire Chief, Don Torbet
Police Chief, Jeremy Kunkel
Electrician, Mo Fesharaki

CLERK/TREASURER RESIGNS

Karen Carlisle has resigned effective December 1st. Karen served the Town reaching nine years on August 9th. She will be sorely missed and the knowledge of the Town which keeps the Council straight will be gone.

She would be well advised to sign a consultant contract with the Town for followup training and support for the new Clerk/Treasurer much like a former holder of that position Lorretta Prettyman did.

Karen reported she will miss the older citizens of the Town and loves her job but unfortunately can't take the nightmare anymore. The constant conflict and lack of support by Town officials has had an adverse affect on her health making this resignation necessary.

I was at the council meeting right after the CABAL took over four years ago and the harassment and intimidation started almost immediately. It started with a council person, in a very nasty manner, objecting to his correct comment put in the minutes and demanded it be changed. It was changed to falsify his statement.

Karen's job was threatened from the get go and held her position only with the backing of her Union. It is very sad that a devoted employee be subjected to this type of treatment right up to and including her last Ruston Council meeting November 16th.

They will soon discover that a treasure to the Town has been lost along with her significant knowledge of the Town's history. No more covering for the lack of past knowledge on the Council that doesn't like to listen to anyone but themselves.

Please stop by the Town Hall and wish her well. She has served this Town of Ruston diligently under very trying conditions.

MARY JOYCE

Has suffered serious injuries after a fall in her home. She was stabilized by the Ruston Volunteer Fire Department under Chief Don Torbet and is now in Tacoma General Hospital.
Mary is alert and needs all our prayers to assist in her recovery.

ADIEU ADIEU

Ruston, WA Regular Council meeting Monday November, 16, 2009 7:00 PM

Mostly about the budget and the budget deficit reduced from $600 thousand dollars to $130 thousand dollars mostly due to coordination between Police Chief Jeremy Kunkel and Mayor Bruce Hopkins. Mayor Hopkins received many plaudits for his arduous and intense work on the budget.

Another big ticket item the last council meeting for Council Person Dan Albertson who is to be replaced immediately after vote count is verified as he was appointed to the council. Praise was forthcoming from all for his service and dedication to the Town and his high intellect. Dan at times could be controversial but no one doubted his dedication and diligence. You would be well armed to have him on your side.
Hopefully he will retain his interest in supporting the Town of Ruston and its namesake Point Ruston.
Times are changing in this small town and its future looks bright with major projects underway investing in the Town's future.

The rest was fairly mundane, this meeting starting after two study sessions:
1) METER DEPOSITS 5:30 to 6:00 PM
2) BUDGET DISCUSSION 6:00 to 7:00 PM
neither of which I attended. CDs are available at Town Hall FOIA Public Records Request required.

STAFF REPORT
Don - all firefighters inoculated against H1N1 Swine flu virus
Jeremy - on Halloween Town Hall was opened up with candy for kids coffee for adults. Fire engine was present. Their was a great turnout.

GENERAL PUBLIC COMMENTS
Jim - talked about opening up Special meetings (EPA) to allow both sides of controversial issues to be heard. Suggested a second meeting to allow all citizens, property owners in Ruston to be heard.
Sherri - Congratulations to old council. Anything new on street lights?
Edith - concerned about ever day parking. Town employees and Court attendees take up all available parking places on streets. Wants house next to Town Hall (owned by Town) to have asphalt placed on front yard to provide additional parking for Town employees.
Jeremy - Thanks to Sherri who donated teddy bears for the Town's Halloween party.

BUSINESS
Agenda item #1 - MORRISSETTE proposed amendment #1
. Congratulated Town on obtaining on receiving USDA loan in the amount of $5 million dollars.
Jim - What amount in budget?
Bruce - Haven't put in yet.
Dan - $600 thousand dollars reserve in budget. Can we borrow or use our reserve? Can we put loan proceeds in reserve fund?
Bruce - We receive loan money only when work is completed.
Jane - Need motion to amend.
Wayne - Go back to original.
passes 5-0
Agenda Item #2 - Ordinance No. 1299 - UTILITY TAX RATES (second reading)
David - Taxing electric, natural gas and telephone at maximum rate. Title 35.
Jim - Due date?
Jane -
. Adopt 1299 second reading.
. Six percent maximum allowed.
. Goes directly to general fund not to special fund.
. Not our intention to raise thousands of dollars.
. Every municipality I know of charges this rate.
Jim -
. $50 thousand dollars.
. Not enough data. Need to get credible data.
. Shortfall pays for itself.
. Bring Ruston into the 21st century.
Sideline - Jane - May respond, Bruce - strike that. Brings laughter from audience.
Note: I can't always understand my own notations so did best I could on this one. Please comment.
passes 4-1 Wayne NO.
Agenda Item #3 - Ordinance No. 1300 - AD VALOREM TAX LEVY FOR YEAR 2010 (second reading)
David - Open to public comment as this is public meeting.
Sherri - I speak for this. Takes every one's ability to raise Ruston. I support this tax.
Public comments closed.
Bradley motion to approve Ord. No. 1300 Jane second.
passes 4-1 Dan NO.
Agenda Item #4 - Ordinance No. 1301 - FIRE INSPECTIONS (second reading)
Bradley - motion to approve, Jane second.
Bradley - Unclear if this applys to home businesses?
David - Paragraph 5B Out of Home businesses exempt.
passes 4-1 Dan NO
Agenda Item #5 - Ordinance No. 1302 - RESIDENTIAL UTILITY DEPOSITS AMENDMENT - (second reading)
Motion to table this item, second.
passes 4-1 Jane NO
Agenda Item #6 - 2010 BUDGET DISCUSSION
Bruce -
. This is a followup for those not attending Special Session.
. Any input from the Council?
Wayne - You have done a great job.
Jim - Can we make changes?
Bruce -
. Not right now. Make changes on soft copy.
. Budget pressure right now Utility Tax deposit $75 to $90 thousand dollar shortfall.
. We have made tremendous strides most cuts from Police Department.
. Hope is that Point Ruston will contribute in future years.

CLAIMS AND PAYROLL passes 5-0 Dan abstain

MAYOR'S TIME
. Last council meeting we had DARK SKY in mind.
. One in place corner Commercial street and Baltimore street.
. Boggling! Couldn't believe it.
Note: Looks like a medieval armor mask. Ugly. Totally unnecessary as previous light was adequate and provided for safe streets. Another run up the cost on Point Ruston $1 thousand dollars to $11 hundred dollars per pole. Muggers and burglars, car prowlers will love this. So much for SAFE STREETS.
Bruce -
. Notified Electrical Engineering to install new lights.
. Will use down Winnifred street.
. Jane - Light shines down not up.
. Talk with Mr. Cohen Thursday not good salesman.
Note: Already spends twice as much in Ruston as Tacoma and never satisfied. Why are the original lights NO PROBLEM in Tacoma? Something sinister going on here.
Bruce - No brainer.

COUNCIL TIME
Wayne - Nothing at this time.
Bradley -
. Thanks to Mayor and people who ran safe and sane campaign.
. No street signs.
. Thanks for service to Dan and Wayne (outgoing council members).
Jim -
. Officer Lawless honored.
. Thanks Karen for budget document bringing us to a more professional budget discussion.
. Thanks Mayor Hopkins for time invested in budget.
. CEPA timeline for appeals on Ruston side of Point Ruston has expired.
. Thanks council person Dan Albertson for his services to the Town.
. Wants to put past clashes behind them.
. Praises Dan's intellect as very good.
. Wife is due May 18th. Makes joke about baby's name.
Dan -
. As Husky fans we can come together.
. Appreciate opportunity to serve.
. I gave my best effort. Said exactly what I thought.
. Thanked Town Maintenance workers for service. They deserved raises.
. Last Special meeting with EPA and Project Manager Kevin Rochlin:
.. What he said was disappointing.
.. Residents wanted 230 ppm not 20 ppm.
.. People lobbied not true.
.. Rejected Seattle lab data.
.. Hopes next council stays on top of this.
.. Longtime residents not sufficient proof of overall risk.
.. Tempted to end my final night with:
... Nixon quote "You won't have me to kick around anymore"
... But decided on Martin Luther King's "Free at last".
. Thanks Council member Wayne Stebner for sticking to unpopular causes.
. Thanks Council person Jim Hedrick. No personal disagreements. He works hard.
. I leave with good thoughts.
Jane -
. Thanks people who voted for me.
. Want to contribute to Town.
. Thanks Dan and Wayne for their service.
. Thanks volunteers for helping us through tough times.
. Missed last meeting because of Hotel fire. Had to flee in my slippers and pajamas.
. Congratulations to newly appointed Police Chief Jeremy Kunkel.
. Thanks Mayor for arduous and tedious work on budget.
Wayne -
. Dan was appointed. His term ends this meeting.
. I was elected and have two more meetings.

Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Wayne Stebner, Dan Albertson, Jane Hunt
Attorney, David Britton
Planner, Rob White
Clerk/Treasurer, Karen Carlisle
Fire Chief. Don Torbet
Police Chief, Jeremy Kunkel
Electrician, Mo Fesharaki

-30-

RUSTON TATA

Ruston regular council meeting November 2, 2009 7 pm:

Get the full skinny on Karen's blog at Ruston Meeting:

I will pass along some comments worth mentioning.

PUBLIC COMMENTS
Kevin - Regarding lights on Stack Hill. Lights inside still shine out. No dark sky. Need different fixtures. Need to look at.

Karen - Inappropriate place for myself and Council person Dan Albertson to air our differences. Bill Walker should not have been allowed to comment at Special meeting.
Dan - interrupts, you are OUT OF ORDER.
Karen - We need civil discourse in the Town.

Rick - Lights on Stack Hill too bright. Light pollution is serious issue.
Bruce - meeting 7:30 this morning.
Tom - Sent EMAIL to council.
Don - Two fire related ordinances need passing.
Mike Cohen - (developer stack Hill and Point Ruston) -
. Causing issues on lights in Ruston.
. Lights were approved by Town electrician.
. You have consultant.
. Have sympathy for Town of Rustons lack of staff.
. Tacoma has resources.
. We spend twice as much in Ruston for same things and still not satisfactory.

Note: Light is encouraged in other towns and cities as a safety issue, safe streets. Hard to figure these people what they want. Blackouts or further delay, increasing costs for Stack Hill. If I remember correctly the Council was happy for the new lights and the fact that Point Ruston/Stack Hill was paying for them and voted to use the same lights in the town proper. What gives here?

Remember, the previous council delayed Stack Hill two years ping ponging it back and forth between the Council, Planning Commission and Huitt-Zollars. When will Mr. Cohen's patience with the impeding efforts of the Town of Ruston run out? I will say it is overtime, past due and needs to be met head on in a court of law.

MAYOR'S TIME
. Commencement light issue.
. Unapproved lights.
. Need to put at beginning of planning stage not at the end.
. SEWERS
. Have approval on USDA loan $4.9 million dollars.
. Morrissette and Associates preparing costs.
. We have to test for arsenic when digging sewers.
. Have plan in place for what we find in dig.
. Tacoma wants new sewer agreement current expires 2013.
David - Tacoma takes over we own trunk lines.
Bruce - Point Ruston sewers owned by Ruston.
Note: I thought half of Point Ruston is in Tacoma.
. Thank you to Dan for Special meeting.
. Need to have meeting with Kevin Rochlin, EPA Project Manager, quarterly.
Note: How about a meeting with the residents and property owners in Ruston who are currently shut out of their own government.
COUNCIL TIME
Wayne - Praise for MO. Excellent job, proud.
Bradley - Nothing.
Jim -
. Happy with Jeremy (newly appointed Police Chief).
. USDA loan no accident, best for Town.
. Mayor expended lion's share of time worked with AWC (Association of Washington Cities).
. Bruce Hopkins is definitely the right man for the mayor's job.
Dan -
. Speed up Commencement.
. Has Point Ruston paid for our bond counsel money?
. Appearance of Kevin Rochlin, EPA.
. Not impressed by what he said.
. Goes on and on about independent lab in Seattle.
. Arsenic and lead are deadly.
. Need study in Ruston.
. People need to be very aggressive.
Note: Residents of Ruston with opposing positions not allowed to comment or testify.
So who are the people Dan refers to.
. Not enough to say "We don't know where this is coming from".
. People ingest dirt each day, every single day.

Note: yes and most have lived in the Town more than four years.
Remember WASH YOUR HANDS.
Why not have the Town spring for hand sanitizers for the Council and the Mayor. Maybe put one at the entrance too for Jobs for Justice and their adherents.
Long live Ruston and the dirt and dust which allowed me to survive healthy and strong for 75 years.

Note: CD of full meeting available in Town hall for those who want to go further than my notes. FOIA Public Records Request required

Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Wayne Stebner, Dan Albertson, Jane Hunt
Attorney, David Britton
Planner, Rob White
Clerk/Treasurer, Karen Carlisle
Fire Chief. Don Torbet
Police Chief, Jeremy Kunkel
Electrician, Mo Fesharaki

-30-

RUSTON v. RUSTON

Part 3, Special council meeting Town of Ruston, WA Monday Nov.2, 2009 6 pm titled "Kevin Rochlin - EPA - Environmental Issues":

Rather astonishing as the ASARCO copper smelter closed in 1983 and became a superfund site. In 1993 the stack was demolished. In 2006 the site was sold to MC Construction dba POINT RUSTON. One has to wonder as to the timing 25 years later of the Tacoma Cabal dba The Town of Ruston. After exhaustive health studies with no adverse health affects discovered why bring this back to life now. One clue the two council persons primarily responsible for this juggernaut attack on Point Ruston chose not to run for office in the just completed election and will be replaced soon.

Could this be their departing salvo at the Town of Ruston itself disguised as an attack on Point Ruston and under the guise of a health epidemic? I remember attending a Citizens for a Healthy Bay meeting twenty years ago where it was disclosed arsenic had a half life but could not get a definitive date to where it would no longer have a lingering affect. These same two pro Tacoma Annexation council persons also led the effort to dismantle the Ruston Volunteer Fire Department much to the consternation of the Towns people.

Even more perplexing is why the Mayor and another council person would join in the attack on the Town. Pretty scary. One note: all are relative newcomers to the Town and may be reacting to the scare mongering techniques of Jobs for Justice and the Brotherhood of Carpenters Unions. But citizens of the Town who whole heartedly support the Town and who could provide valuable testimony to the proceedings are not allowed to testify or comment. Very peculiar, sounds like a setup to me with their minds already made up and not open to facts or contrasting view points. Very undemocratic and sadly very Ruston.

What follows is a summation of my notes although they do not contain all questions asked repetitively in order to get a different answer which was not forthcoming. Expect more of this until the new council persons are sworn in and saner minds allow two sided discussion. CD of full hour recorded meeting available at Town Hall FOIA Public Records Request required.

Wayne - as Senior council person I am in charge of this Special session and hereby pass my authority to Dan Albertson who will conduct the meeting.
Dan -
1) I understand you have a Power Point presentation how long will it take?
2) Issues I would like to see addressed:
a) Some photographic evidence outside of Point Ruston of dust clouds coming off of the property?
b) Steps taken for containment of contaminated dirt?
c) Monitoring, historical and future how accurate? Limited to Point Ruston.

Kevin -
. In 1983 ASARCO became a SUPERFUND site.
. In 1993 the STACK was demolished.
. In 2006 site was sold to MC Construction dba POINT RUSTON.
. Site and surrounding areas have been under remediation since 1987.
. Main focus has been on Ruston and North Tacoma.
. Yearly information provided. State standard for arsenic is 20 ppm (parts per million).

Dan - interrupts - Where did 20 ppm come from?

Kevin -
. 1 in 2,000 people could be affected.
. Ruston residents did not want cleanup at all.
. We look at every five years.
. Point Ruston meets EPA and Washington State standards.
. Ruston entirely cleaned up except for 3 houses where owners refused.
. EPA sampled 3,700 properties in Ruston North Tacoma cleaned up 2,300.
. Ruston Way not completed some samples contain up to 5,000 ppm.
. EPA cannot do slopes.
. Some cleanup funded with stimulus funds.
. What we do to protect public?
1- EPA is on site.
2- Dust control.
3- Temporary cap material.
4- Air monitors (3)
5- site specific action, level of contamination without adverse health.
6- Air monitors run 24 hours .02 micrograms is action level.
7- For workers 10 mcg - monitor at .05 mcg
8. Only two days from Apr 2008 to mar 2009 exceeded standard .02 mcg
9- 15 YEARS WITHOUT ADVERSE HEALTH AFFECT.
10- Other site managers - Department of Ecology, Citizens for Healthy Bay, EPA, et al.
11- Picture sent in of dust cloud was falsified. Ground contained too much water even puddles.
12- Have picture of car spinning wheels second car/person taking pictures.
13- Our sampling makes sure no re contamination occurs.
14- Our sampling ongoing long after smelter site gone.
15- Always long term problem with arsenic dust.
16- Wash hands when dirty same as swine flu.
17- What more does the Town of Ruston want?

Dan - early on all but 3 or 35 yards in Ruston not cleaned up.
Kevin - three.
Dan - Dirt in street not from yards?
Kevin - Potentially from three not cleaned up or coming from outside Ruston.
Dan - Arsenic on Point Ruston 2-300 above levels off site?
Dan - Provided testing in streets in Ruston 3-400 ppm. Dust blowing off of Point Ruston or blowing in the wind?
Kevin - Can give no credence to numbers without plan.
Dan - Lab tested 400 ppm not a guess.
Kevin -
. Will not give credence to random sample.
. ASARCO Point Ruston site not entirely cleaned up.
. We do the best job we can do on dust control.
Dan - People came down from Seattle and took samples. How much are you doing?
Kevin-
. None, cleanup is not completed.
. Sample not consistent.
. Need number of borings, value of yard.
. EPA looking for lifetime exposure.
. Random, I can not tell you where it came from or validity of.
Dan - MY SAMPLE 10 times state standard for acceptable levels of arsenic.
Kevin -
. Long standing policy of EPA to cleanup to a standard of reality.
1- 20 ppm is background number for state (non reality).
2- EPA has risk range
3- Meet first two criteria.
Dan - you have a better number than state?
Kevin - What is allowed within EPA standards is better than a standard we cannot meet.
Dan - Try to keep on Point Ruston regarding air monitors.
Kevin - Operating 99 percent of the time.
Dan - Some question as to my dust picture (hands it to Kevin). Have you seen it?
Kevin -
. Taken by people not part of site.
. Point Ruston has pictures of person taking pictures while car doing donuts in the dust.
. Sending people out to do this concerns me.
. Donut Dust picture is very suspect.
. STACK HILL I don't have authority but do anyway.
Dan - What is EPA doing to prevent re occurrence?
Kevin -
. We have license plate numbers and they have been turned over to Police.
. We are winterizing site. Hydro seeding.
. Moving as fast as I can. We use resources to water and hire temporary staff.
. I can not control other areas.
Dan - We should not have dust clouds in the streets.
Kevin - (to Dan)
. Issue is, with all due respect, there is no credence to your numbers.
. Cleanup has been going on for 15 years.
. Little evidence of contaminated dust piles.
Dan -
. Lot of dirt off of Stack Hill.
. What is your data in past, going forward of testing in streets?
. Good to see the data.
Kevin - same vehicles causing problems on top and bottom of hill.
Dan - What is your responsibility for cars. Are air monitors working?
Kevin - three monitors working.

Wayne takes over here.

Wayne - Had a meeting in 2006 and 2007 to test monitors. How far back do they go?
Kevin - 15 years back, all in operation.
Wayne - I called Department of Health and Department of Ecology. They would be doing things differently.

Kevin -
. Ecology is welcome to come in anytime they want.
. We have cleaned up to acceptable standards.
. You cannot rewrite history changing to 20 ppm instead of 230 ppm.
. All of Ruston has been remediated under current standards.
Kevin continues -
. If 20 ppm were standard we would not be anyway near cleaning up 300 square miles.
. Lower level (20 ppm) takes much longer.
. Lower level comes with higher risk standard.
. State of Washington has remediated low percentage due to 20 ppm standard relying on "warning" signs.

Wayne - Can Department of Health come in?
Kevin - Fine.
Wayne - Have alleys been cleaned?
Kevin - Dirt alleys yes, paved alleys no.
Dan - Do you have data on alleys?
Kevin - Your Town engineer has it.
Dan - When?
Kevin - Last month.
Kevin continues -
. Town Engineer has data.
. Part of our weekly meeting.
. Levels of contamination amazingly low.
Wayne - Did 100 percent of Ruston/North Tacoma require remediation?
Kevin - Not 100 percent. Further away from smelter levels went down.
Wayne - Did arsenic seep into clay?
Kevin - We had to get past hard clay to get clean back fill.
Bill Walker - (reading prepared statement/questions)
Note: Mr. Walker is currently involved in a Shoreline Permit Appeal v. Point Ruston and Town of Ruston.
. EPA's duty to protect citizens.
. EPA needs to do daily regulation.
(Hard to hear all statement/questions. Buy CD at Town Hall for complete text.)
Kevin -
. Town of Ruston no different from other sites.
. Will do whatever City Council wants.
. Town of Ruston must pay if believe it is necessary.
. Not sure what you mean (Town Council)
. We (EPA) do no oversight of people.
Adjourned 7:03 pm

NO PUBLIC COMMENTS ALLOWED. ONE OUTSPOKEN PROPONENT OF RUSTON SIDE THREATENED WITH ARREST/EXPULSION FOR TRYING TO MAKE CONTRADICTORY COMMENT COUNTERING TACOMA CABAL.

Most puzzling in the juggernaut against Point Ruston, Stack Hill and the Commencement is the Mayor, Bruce Hopkins and council person Jim Hedrick siding with the annexation twins against Ruston and condoning one sidedness. If you thought the recent election would solve the Town's "anti" development, animus problem you may be in for an unpleasant surprise.

Special Guest: Kevin Rochlin, Project Manager, Office of Environmental Cleanup, United States Environmental Protection Agency

Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Wayne Stebner, Dan Albertson, Jane Hunt
Attorney, David Britton
Planner, Rob White
Clerk/Treasurer, Karen Carlisle
Fire Chief. Don Torbet
Police Chief, Jeremy Kunkel
Electrician, Mo Fesharaki

-30-

FRED GREER

Passed away recently. Read full obituary here.
Fred proudly served in the US Army during WWII and after an honorable discharge worked at the American Smelting & Refining Co. (ASARCO) in Ruston, WA. Retiring as a Furnace Foreman in 1971.
Truly a Ruston icon. Fred died at 99 years of age.
God bless you and you leave us with the fondest of memories.

DEMAGOGUERY IN RUSTON

Ruston Special meeting November 2, 2009 6 pm cont., part two, subject:

KEVIN ROCHLIN - EPA - Environmental Issues

This meeting was pure and simple a continuation of the Tacoma cabal attacks on POINT RUSTON with adverse affects on the TOWN OF RUSTON. Why, is the unanswered question. I will attempt a line by line notes of the meeting in part three. A full tape or CD of the meeting is available at the Ruston Town Hall, public records request (FOIA) required.

Is this merely a last gasp shotgun approach to development in the Town of Ruston by outgoing council members. What I can tell you is NO COMMENTS were allowed by Ruston residents in objection to the cross examination aimed at Kevin Rochlin and the EPA. That I find rather astonishing. Answers from Kevin were accurate and precise mostly responding to repetitive questioning by Council member Dan Albertson who was not getting the answers he wanted and final gave up after half an hour and time running out on the one hour meeting to the cheers of some in the audience.

It was mostly arsenic and lead exposure that were the subject of the questioning. Not a single case of anyone being harmed by fallout from the ASARCO smelter has ever been proven. Zero, none. Lead in the soil is mostly the byproduct of many years of the use of leaded gasoline. Lead additives for older cars are still being sold. Small amounts of arsenic have been proven by studies to be beneficial. Arsenic was sprayed on apple orchards in Eastern Washington for years. A lot of money has been made off of scare mongering on this issue. The Pierce County Health Department did hair sampling on anyone who may have been affected in the in the EPA cleanup zones for five years. Nothing, zilch.

What is harmful is the fear factor being spread by opponents of POINT RUSTON and STACK HILL and the TOWN OF RUSTON. Fear, even illusory, leads to anxiety and causes heart and other health problems far greater than the residual toxic elements still existing in Ruston after the environmental yard cleanup was completed. Only three yards not reclaimed due to owner refusal. The cleanup at the smelter site is mostly completed and ongoing on Ruston Way.

One ASARCO retired employee recently reached his 100th birthday. He worked in the furnace room at the smelter for almost 40 years. I, myself, was introduced into the world at a home on the corner of 51st and Shirley, a mere two blocks from the plant and played happily in the dirt and dust during the war years when the plant operated 24/7 supporting the World War II effort in the Pacific and Europe. Over 3,500 jobs at the peak. Many retirees still live happily in the area with no ill affects from working in the copper smelter.

Almost all the main participants in the Tacoma cabal have lived in the town less than four years but apparently have come down with the hypochondria syndrome. Relax, I am nearing 76 and still play golf 2-3 times a week and take no prescriptions am in excellent health and my blood pressure rivals a younger person although attending these staged attack meetings does get me riled up. Hypocrites tend to do that. Phony fear mongering. Is it out of ignorance or contrived?

Sorry, part three will feature notes. This was a frightful experience of long ago solved issues being brought forth for no good.

Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Wayne Stebner, Dan Albertson, Jane Hunt
Attorney, David Britton
Planner, Rob White
Clerk/Treasurer, Karen Carlisle
Fire Chief. Don Torbet
Police Chief, Jeremy Kunkel

-30-

KEVIN ROCHLIN - EPA

It was advertised: Kevin Rochlin - EPA - Environmental Issues but it was mainly the Dan and Wayne RUSTON INQUISITION. Started off with Wayne exerting his authority as senior council member to run the meeting and then passing it off to Dan.

In short, more to be added later time allocated was:

20 minutes Kevin Rochlin, EPA for PowerPoint presentation
30 minutes Dan Albertson representing the Tacoma cabal, mainly same old diatribe
10 minutes Wayne Stebner also Tacoma annexation/Fire Department expert
05 minutes Bill Walker reading prepared statement
02 minutes Jim Wingard trying to present the Ruston side, gavelled down, out of order, threatened with arrest, expulsion, but proceeded anyway.

Anyway you get the gist. This was a pre-arranged ambush of Kevin Rochlin who was more than a match for the Tacoma Boys.

Short notes:
Dan's soil samples done in Seattle lack credence.
Only three houses in Ruston not re mediated. Owners refuse.
Point Ruston arsenic level only exceeded two days in a year by .02 micro grams.
Dan/Wayne want full time inspector on site. EPA not authorized. Ruston can hire and pay for inspector full time for site.

This was a one sided fiasco for the Tacoma Boys. They came out losers on all issues.

NO COMMENTS WERE ALLOWED BY LONG TIME RUSTON RESIDENTS. NONE. How is that for open government?

Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Wayne Stebner, Dan Albertson, Jane Hunt
Attorney, David Britton
Planner, Rob White
Clerk/Treasurer, Karen Carlisle
Fire Chief. Don Torbet
Police Chief, Jeremy Kunkel
Electrician, Mo Fesharaki

-30-

RUSTON IN TRANSITION

Ruston, WA regular council meeting Monday, October 19, 2009 7:00 pm:

Jim Hedrick appointed Mayor Pro Tem in the absence of Mayor Bruce Hopkins.

Another donnybrook with Dan berating a fellow council member and Town Historian/blogger Karen Pickett who dared to counter some Jobs for Justice propaganda. An arsenic laden salvo aimed at the heart of the town. As their time on the council nears its end they appear to be getting edgy as their anti Point Ruston podium will fade away and we can go back to being the Ruston I knew for 75 years.

But wait a cabal write in campaign aimed at the Mayor and a citizen running unopposed. A dedicated citizen and a dedicated Mayor devoted to working for the Town's survival. Implausible yet they, the Tacoma cabal, have dedicated tireless adherents looking to oppress the small town spirit so unique to Ruston. Plausible if you don't exercise your right to GET OUT AND VOTE. MAIL IN THAT BALLOT marked to salvage what is left of Ruston.

Agenda amended to remove Item 3 Appointing Ruston Police Sergeant Jeremy Kunkel as Chief of Police for the Town of Ruston
Arguments waged back and forth but support appeared to be unanimous for this Resolution No. 456 with the major impediment being the absence of the Mayor. The Town Attorney put the Resolution on the Agenda at the request of the Mayor without realizing the Mayor would be absent. Will be presented at the next regular council meeting Monday November 2nd and passage a foregone conclusion. Passes 5-0 as amended.

STAFF REPORTS
Don Torbet, Fire Chief
Police and Fire Departments will cooperate on handing out candy to children on Halloween at the Town Hall 5-8 pm. Coffee will be provided for adults in attendance.
Fire Department volunteers will receive swine flu shots Thursday night.
Jeremy Kunkel, Police Chief
Getting darker earlier use headlights. Anytime you use windshield wipers turn lights on.
Interviewing for a full time position.
Received grant money from Department of Justice reimbursement for training
NOF means Notice of Practice

GENERAL PUBLIC COMMENTS
Terry Knapp - hoped Jeremy Kunkel would be approved tonight. Been nine months since we have had a police chief in Ruston.
Dan Wombacher - owns lot on Commercial street, need flexibility. Zoning not required by Planning Commission unless substantial impact. Can us segregation to separate out. Mayor should take care of. No subdivision, not in State regulations.
Jim Wingard - objected to Dan's report titled "Environmental Issues in the Town of Ruston" previous meeting. Felt they were over the top.
Karen Pickett- Evil message (refer to previous comment) needs to be dealt with. Has great concern. Need to research issues not promote it. Need facts.EPA has soil samples, Jobs for Justice involved, area outside plant not remediated. Has pictures on website, RUSTON HOME.BLOGSPOT, of JFJ spinning out tires creating a dust cloud then getting out and taking pictures. Pictures on Karen's site show JFJ taking pictures with car running. Need to research before meeting.
Beth Torbet - Hope for EPA to be here to address issues, prioritizing properties. Why not test Point Defiance Park not just Ruston, prioritize. Dan's comments should have been cleared with EPA before being presented to Council. Many properties are lower than standards set.

BUSINESS
Ordinance No. 1297 BUDGET ANENDMENT
Bradley motion to approve, Jane second. Passes 5-0.

Agenda Item 2 - Environmental Issues in the Town of Ruston (Albertson)
Dan - Kevin Rochlin of EPA invited Nov 2nd for Study Session to begin at 6pm. Citizens for Healthy Bay to also be here. Have heavy schedule.
. talks about thalidomide.
. person who works for company suspect.
. arsenic known carcinogen
. Independent lab found 20 time state standard
. need answers from EPA
. Rochlin bring data from past
. protect residents from known hazard
. Nothing more tonight, updates only.
. no motion
. Study Session starts at 6pm
Jane - need to put in Town newsletter
Karen - I will put in newsletter
Jim - High time EPA reaches out to community.
. Own 2 houses in Town.
. What was done in community.
. EPA has not done "due diligence"

Ordinance No. 1298 International Fire Code (first reading)
David - thought already adopted. 2006 International Fire Code adopted by State of Washington. Cannot force to submit to fire inspection without warrant.

Ordinance No. 1299 Creating a new Chapter 5.10 of the Ruston Municipal Code relating to Utility Tax Rates (first reading)
David - directive from Mayor. Electric, gas, telephone. Clear statutory requirement, fixed rate.
Jane - need to change quarterly to monthly. Money to general fund. Need to not pay tax to Tacoma. Needed in Ruston.
Dan - raising utility tax rate in Ruston to Tacoma level. Will raise to max.
Jim - need fiscal statement.
Wayne - We are doing little to control sky high budget. Need to balance budget first.
Dan - need to see fiscal statement.
Jane - easy to do. Need for budget.
Jim - Don't like new taxes with no new services.
Jane - money going into funds cannot use for fire, police. Tax needs to go into general fund to use for services.
Dan - dedicated funds, cannot use money, backwards. Should not raise taxes until need shown.
Jim - we are using utility fund for street lights.
Jane - cell phone taxes do not go into a fund.
. charge on bill goes into fund
. State law states use.
. can loan money from fund with interest.
. need to get money into general fund.
. Town deficit not that great.
Dan and Wayne - erupt with laughter.
. not a handicap burden with taxes.
Dan - meeting with David and the Mayor.
David - special tax can go into general fund.
Wayne - feels sorry for people on fixed incomes.
Jim - talk to Mayor need budget recommendations.
First reading, public comments allowed next meeting.

CLAIMS AND PAYROLL - Dan abstain, Wayne no, passes 4-1.

MAYOR'S TIME absent

COUNCIL TIME
Wayne - tapes of meeting not good quality. Cannot hear Mayor and Counsel. Defective microphones?
. speaks in support of Police Sergeant Jeremy Kunkel, doing excellent job.
Bradley - two telephone calls regarding lights at Commencement.
Jim - Use 'dark sky' maintenance
Note: Stack hill now Commencement. They sure do like to keep Ruston in the dark.
Jim - regarding Resolution 456 put behind us. I support Sergeant Kunkel but the Mayor needs to be here. Need to clean this up. Jeremy has been on force for 10 years. He is highly dedicated and appreciate job he is doing.
Dan - (on high horse) I voted to resolve issue tonight. On agenda at request of Mayor. Strenuously object to council persons remarks. Revealing private conversation harmful.
. Public comment misrepresented danger of arsenic. Her and her blog have done damage and harm to reputation of the town. Note: anger with vehemence.
. Wayne Stebner had guts to say publicly we need the Tacoma Fire Department. Citizens came to meeting showing an appalling lack of civility.
. Website (now taken down) had anonymous comment accusing Wayne Stebner of having a sexual relationship with member of Tacoma Fire Department.
Note: a blockbuster statement had not heard before. Will attempt to clarify and debunk clearing the air at next meeting.
.In deposition admitted to posting anonymous comments on her blog.
Jane - I owe Sergeant Kunkel an apology. I think Jeremy has done a wonderful job. Support him 100 percent. Want Mayor to be here.
David - my fault. I put it on agenda with Mayor absent.

ADJOURN 7:59 pm

Special note: Hearings on ASARCO and fallout went on for years. Every time a new person comes into the town things get stirred up again. If this is being done to harm private development and hurt the Town it is most appalling. If this is being done out of ignorance it is even more grievous especially from a council person who should know better. This is a byproduct of shutting out the citizen's of Ruston from commenting on BUSINESS issues. A tremendous knowledge of the town sits in the audience waiting to be heard but they choose not to listen. Ignorance is bliss the old saw goes.

NOT ONE PERSON IN RUSTON HAS EVER BEEN HARMED BY ASARCO IN THE LAST 120 YEARS. THE HEALTH DEPARTMENT DID STUDIES ON RUSTON AND NEARBY REIDENTS FOR YEARS. I WAS BORN IN RUSTON TWO BLOCKS FROM THE PLANT ON 51ST AND SHIRLEY AND SPENT MY FORMATIVE YEARS PLAYING IN THE SO CALLED CONTAMINATED SOIL. I AM APPROACHING 76 YEARS AND HAVE YET TO SHOW ANY ILL EFFECTS. A PREVIOUS BLOG SPOKE ABOUT A RETIRED SMELTER WORKER NEARING 100 YEARS OF AGE WHO WORKED 37 YEARS IN THE FURNACE ROOM AND IS HEALTHIER AND SMARTER THAN ONE COUNCIL MEMBER.

SO FAR WE HAVE ASPERSIONS, INNUENDO, STAGED FAKE PICTURES, ACCUSATIONS, ALL UNFOUNDED. LET'S CUT TO THE CHASE. WHERE ARE YOU GOING WITH THIS. THIS SAME COUNCIL PERSON HAS IN THE PAST REFERRED TO ASARCO AS THOSE "HIDEOUS BUILDINGS". SURPRISING AS HE IS PRIVY TO THE INNERMOST HISTORY OF ASARCO, HIS FATHER-IN-LAW HAVING RETIRED FROM THE SMELTER.

TO GET TO THE TRUTH ALLOW PUBLIC COMMENTS AND NOT ONE-SIDED DIATRIBES. THIS TOWN IS UNDER ATTACK AND THE CITIZENS MUST RISE TO ITS DEFENSE.

Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Wayne Stebner, Dan Albertson, Jane Hunt
Attorney, David Britton
Planner, Rob White
Clerk/Treasurer, Karen Carlisle
Fire Chief, Don Torbet
Police Chief, Jeremy Kunkel
Electrician, Mo Fesharaki

-30-

TARGET POINT RUSTON

Ruston, WA Town Council meeting October 5th, 2009 7pm:

Short and sweet with a negative diatribe on POINT RUSTON entitled ENVIRONMENTAL ISSUES IN THE TOWN OF RUSTON?

PUBLIC COMMENTS
Jim Wingard - noted almost automatic approval of items requiring budget revisions with the lone exception "raises for town employees".
Kevin Moser - commented on the glare from street lights on STACK HILL. Need to eliminate glare, not considerate of town. Likes street lights on 49th street better where light is downward directed. Used up his allotted two minutes.
Dan- motion to allow time to finish, Jane second. Passes 5-0.
Kevin continues -
Provided handout of four different types of street lights.
Wayne - You need to talk to me on this.
Bruce - street lights are out for bid now. Deciding between 100 watt bulbs or 70 watt bulbs, out for research. You have access to town electrician.
Jane - lights from Commencement light up my deck.
Dan - surprised neighbors have not complained?
Bruce - they (Point Ruston) paid for lights. See no need to change no homes affected.
Note: PROGRESS IS BAD, STOP IT OR SLOW IT DOWN WHEN POSSIBLE? Couldn't be could it?
JJ - Lights needed for security purposes.
Beth - follow through like Point Ruston.
Note: I thought SAFE STREETS encouraged outdoor lighting? Apparently Ruston hasn't got the word. Extra lighting deters burglars and vandalism elsewhere.
BUSINESS
Agenda item one - ORDINANCE 1297 BUDGET AMENDMENT
Wayne - budget why are we shifting.
Bruce - so money comes out of budget not electrical reserve fund
Wayne - why not $6 thousand dollars instead of $12 thousand dollars?
Karen - will be further expenditures
Wayne - would like to approve all expenditures individually
Jane - lining up items
Bruce - access ability there anyway. We cannot know exact dollars
Wayne - I am only one vote.
David - fund transfer requires public comment
Note: big brouhaha takes place whether it is one fund or two funds?
Jane - only one fund
Karen - Karen - budgeted out of 401, Electrical fund, paying out of 402 (Electrical reserve fund). Like checking and saving accounts.
David - excess funds
Bruce - not moving funds, just allocation source. Pay out of reserve fund.
Dan - just have public comment. Nobody will comment anyway.
Jane - need to cover
PUBLIC COMMENT ORDINANCE 1297
Kevin Moser - Saves money to have MO working hourly. More cost effective than bidding out.
First reading complete.
Agenda item two - Environmental issues in the town of Ruston (Albertson)
Dan - concerned about arsenic in Town.
.arsenic extremely toxic. Source of many cancers, names several.
.soil samples taken outside Point Ruston
.EPA standards 230 ppm
.testing shows, 300 ppm and 460 ppm
.Who in Ruston is monitoring?
.EPA fact sheet, in almost all cases, shows material leaving site below levels
.Shows picture of large dust cloud, cause for concern
.Gate is in Tacoma
.Why training for creating hazardous waste
.Nobody checking
.need EPA regulators to show up at council meeting
.Independent lab in Seattle did testing on readings from public street
.need explanation
.Why I put this on agenda Have not talked to Kevin Rochlin of EPA. Talked to Citizens for Healthy Bay.
.happy to have EPA and Citizens for Healthy Bay give 1/2 hour presentation to council
.am concerned about contamination off of Point Ruston
Wayne - We need Department of Ecology too.
Dan - forced to agree, regret it
Jane - called all government agencies. EPA, Federal Government, in charge.
Need this project to go forward.
Note: public comments not allowed on agenda items so here is my two cents for next meeting.
. sounds like another JOBS FOR JUSTICE hit job
. Ruston is not the right venue to vent your spleen.
. Public streets in Tacoma?
. Tacoma annexation duo has plenty of contacts in Tacoma
. Appears to be a last minute hatchet job by departing soon council member
. no documents provided
. no proof provided
. no witnesses identified
. In my Introduction to Law class it was made clear HEARSAY is inadmissible in a court of law
. But all Dan's comments appear to be HEARSAY!!
. I have yet to determine a reason for all this vitriol except to hamstring the town of Ruston leading to it's demise
Agenda item three - Meter Deposits (hopkins)
Bruce - Only one deposit required. Holding $11 thousand dollars in noncollectable utility bills from 2006. One utility deposit given back after ten years.
Note: Aren't unclaimed deposits required to be turned over to the state after three years?
Jane - change our laws. hold owner liable not tenant.
Wayne - why was meter not pulled?
Karen - not legal to pull meter November 15th to March 15th during winter.
All - on and on, landlord tenant, no pay no rental, make landlord responsible. do not accept deposit if overdue, etc., Note: It appears they don't have a clue!!!
Bradley - a voice of reason has had enough. Let's table this for a future study session.
Note: Wow, way to go or this could of went on all night in their now familiar chasing your tail routine or the circular firing squad. Thank you Brad from those of us who have another life.
MAYOR'S TIME - nothing
COUNCIL TIME
Wayne - worried about going above $40 dollar monthly sewer charge for residents
Bruce - BofA wants money in bank despite guarantee by Federal government and three percent interest.
Jane - need to spread our money around for safety
Bruce - Need to set investment policy. Remember Bof A owns Merrill Lynch holder of many suspect loans. need to address our own policy, self financing.
Jim, Bradley - nothing
Dan - three percent loan may be good years from now.
. Need to fund up front.
. When will Copperline condos be occupied?
. When is Point Ruston money coming in?
. If funding gap what happens?
. Need to see Point Ruston building plans
Bruce - need to focus on being able to get by on our own.
. facing services cuts nobody will like.
Dan - takes off on spiel on COMMENCEMENT
Bruce - They want temporary occupancy permit.
. I go down there two or three times a week.
. Dialog schedule meeting.
. reward at end of project.
. for now we need to survive seven to eight years on our own.
Jane - wants Point Ruston timetable. When is revenue coming in?
. need to know what is in front of us.
. thanks Kevin Moser and volunteers for work on Mary Joyce community center
. in talking to Kevin Commencement not completing anything in center
David - send Notice of Violation
Wayne - people moving furniture in. We need a stop work order.
David - violation of permits
Bruce - elevator is signed off.
Note: For God's sake don't try to help out getting things completed. Throw as many obstacles in their path as you can. It's not like Ruston needs the money or anything.
ADJOURN 8:07
Note: Another council meeting another step backwards!!!


Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Wayne Stebner, Dan Albertson, Jane Hunt
Attorney, David Britton
Planner, Rob White
Clerk/Treasurer, Karen Carlisle
Fire Chief. Don Torbet
Police Chief, Jeremy Kunkel
Electrician, Mo Fesharaki

MUNDANE TOWN

Ruston, WA regular council meeting Monday September 21, 2009 7pm:

All present and accounted for noting the return of Dan
STAFF
Jeremy -
.attended leadership conference
.cleaning crew coning from Remann Hall
.coroner report - natural death
.Senator Patty Murray getting back to us on GRANTS.
Wayne - scale trucks - answer none
Jim - 66 verbal warnings, 6 parking
Don -
.8 calls August, 2 fire related rest medical aid
.attended summit on swine flu
.combination of four flus - 2 human, 1 aviary, 1 animal
.will not take lives but will make you very, very sick
.expect 40-50 percent of workforce out
.each individual will miss work one week
.expect media blitz including Governor Gregoire
.IMPORTANT: WASH HANDS
PUBLIC COMMENT
JJ -
LID
.spent $1 million on design, road construction
.cost increase from $11 to $14 million dollars plus water and power
.60 percent in Ruston
BALTIMORE STREET
.weight restriction
.no affect on cost (sorry Wayne) for Point Ruston
.weight allowed equal to weight of fire truck
.bringing two groups int Ruston
DON -
.heard 21 to 24 gunshots at 1245 am
.If town knows about them should give out information if does not conflict with law enforcement
BUSINESS
Agenda item # 1 - Discussion of increase of engineering costs for Mo Fesharaki
Wayne - take care of next meeting
Jane - have printout of flag and pole costs
note: Why not electrical outlets for XMAS lights etc.,
Bruce - we can sell advertising if not used
Ordinance 1295 - Adopting building permit, plan review and building department services fee schedules (second reading)
Wayne - amend to remove $90 dollar lawn sprinkler inspection fee
passes 5-0 as amended
Ordinance 1296 - Maximum load limits on N Baltimore street between Ruston Way and N Commercial street (second reading)
Removed from agenda
Resolution No, 455 - USDA
Jane - met with difficult time. Requires a revenue bond. Went through several times. Basically not a bond guarantees payment to USDA.
Wayne - cannot discriminate for any reason. Requires an audit, sooner not later.
Jane -
.loan requires a construction loan. When work is completed USDA loan kicks in.
.USDA interest rate is 4.5 percent, can go lower but not higher
.need sub contractor to monitor loan draws
Bruce - Money is guaranteed. Banks get 3 percent on construction loan.
Dan - cost overruns charged to Ruston?
Bruce - covered.
Dan - change orders, weather delays? Could get slammed.
Bruce - economy is down contractors hope to use less than $4.9 million dollars
Bruce - we could go back for more money if needed.
Dan - paying back over $10 million dollars over loan period
Bruce -
.over $125 thousand dollars for engineering our contribution
.We could put in $600 thousand dollars to lower loan
David - Claims will start first day. Need to budget for.
Jane - we can payoff loan sooner.
Jim - Need loan reserve account $26 thousand dollars per year for 10 years to meet criteria
passes 5-0
Agenda item #5 - October Domestic Violence Awareness month
Jane - authorize mayor to sign proclamation
passes 5-0
MAYOR'S TIME
.need to put into budget licensing cost for new online accounting system
. $55 dollars per month thereafter
.Can look at utility bills past 24 months
.can pay electronically. 18 cents charge per card usage
.thanks Jane for help in new accounting system
.need to put into budget for online training with accounting firm
.On the radar - garbage, Commencement will require compacting waste, new hauling containers
.Point Ruston will come online. Need to upgrade truck or?
.curb painting N 49th and Winnifred this weekend
.Commencement meeting room kitchen fully functional
.thanks Kevin Moser for tremendous amount of work effort, moving cavinets
.will be available December one for Town meetings
.we have need for neighborhood watch
.thanks Jane and Wayne for donating time on sewers
.handoff of USDA check will be big occasion
COUNCIL TIME
Wayne - will we be able to blog on Town website? Answer NO.
Bradley, Jim and Dan - nothing
Jane - don't be surprised in Norm Dicks releases a public announcement
ADJOURN 8pm (one hour)

NOTE:
.notice how facilely they add budget items when it pleases them?
.notice how they never increase their utility taxes?
.notice how they couldn't increase employee wages because it was not budgeted for?
.Is this the heighth of HYPOCRISY? We would love an explanation!
.Whatever happened to the budget (fiscal) inpact statements Dan and Wayne were pushing for?
.another amazing theme is how much they use the COMMENCEMENT trust fund for whatever?
.Never mentioning how they hated it and fought tooth and nail to stop it or delay it?
.Only one word comes to mind over and over: HYPOCRITES.
.Almost item for item the workload increases on the already overworked and underpaid Town employees without a murmur. Do they in totality have a conscience.
.These comments are here because they moved PUBLIC COMMENTS to before the agenda to keep comments on BUSINESS off the recorded record.
.Hope you serve coffee at meetings after December first from your new kitchen donated by the COMMENCEMENT.
.and while you are at it move EXECUTIVE SESSIONS to 6 or 6:30 before the meeting.
.Hard to find time for this as I am now into HUSKY blogging.
.will link to Karen's comments when available. Lots of comments there.
.Getting harder to hear the lower voices so please attend at the new expanded council meeting and get it straight from the horses mouth. Still plenty of seats at the Town Hall also.
.I apologize to the horses and I might have mentioned the wrong orifice.

Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Wayne Stebner, Dan Albertson, Jane Hunt
Attorney, David Britton
Planner, Rob White
Clerk/Treasurer, Karen Carlisle
Fire Chief. Don Torbet
Police Chief, Jeremy Kunkel
Electrician, Mo Fesharaki

-30-

BABEL MANIA

aka Ruston, WA Town Council in irregular action. Ever lose your keys or your mind? Ever forgetful of their own ordinances and resolutions they often meet up with themselves, never getting anywhere and always with a surprised look. Did WE really? Constructing their very own TOWER OF BABEL in Ruston. Leaderless they wander in the vast mindless spaces in their very own small world.

When recently a council person had three unexcused absences he should have been replace via an resolution he introduced and had passed aiming at another council person but ending up ensnaring himself. If only law and order applied to the Ruston, WA Town council. Apparently they are immune from their very own ordinances and resolutions.

But most unruly they cannot remember what they just did! With all five less than four years experience as council persons they have a very limited knowledge of past goings on in the Town council. Nor will they allow any public comments during the BUSINESS discussions unless it is a favored person inside the cabal. To be enlightened might also shine a light on the confusion they prefer.

Ruston Town Council meeting September 8, 2009 continued:

Agenda item no. 6 - PEARL STREET ZONING
Jim - Do not amend until 2011. To do so now would be cost prohibitive. We need to move on $5 thousand dollar flags and eliminating employee raises.
*Three of the present council members voted affirmatively for Pearl Street zoning to commercial with three story height limit when they were on the Planning Commission but having restored the height limit they are now voting for residential. This was after spending $35 thousand dollar grant to study Pearl Street Zoning and then Bob and Wayne amending it back to being useless. They still want all the grants they can apply for though.

MAYOR'S TIME
.USDA loan for sewers goes out 30-45 days.
.Thanks Jane Hunt for dedication and work over the weekend.
.Getting up to speed on accounting system.
.Town clerk prepared budget previously on past instructions.
.New budget will be different format.
.Will be able to review building permit online, pay utility bills online and review your account and status online.
.Volunteer fire department very helpful in working on new Mary Joyce Community center.
COUNCIL TIME
Wayne - concerned Tree Committee not getting proper marching orders. Do they need approval not to meet?
Ginger Kryger - Committee is dormant only two members left.
Bruce - Need to add members, bring up to staff level.
Wayne - need to put hold on trees because of street lights.
Bruce - contractor sees no issues nor problems.
Bradley - Thanked Ruston Voluntary Fire Department for unbelievable response when false alarm went off at 3am. Alarm company unable to reach anybody but assured by Ruston Volunteer Department Fire Chief Don Torbet not a problem. VERY IMPRESSED!!!
Jim - nothing.
Dan - absent.
Jane -
.Starting budget process soon.
.Dan A excused or not excused?
.Anecdote- printer repair man detained twice by Point Ruston security and Ruston Police approaching him. Comment was you have good security.
Note: Yes at but what cost? Using half the town budget and with eight officers almost enough for one per block. Is it legal to detain people without cause? Enter Ruston at your own risk.
Adjourn

Final note: It doesn't seem to matter who gets elected/assigned to this council. The mantra never changes. Inhibit all progress where possible. Expect the Town employees to work for subsistence wages. Money is always available off budget for pet projects (flags, flower gaskets).

But no money in budget for Town employee raises. Of course, flags and flower pots increasing light standard costs were budgeted, weren't they? Hypocrisy reigns.

Look for BUDGET FISCAL IMPACT statement they voted for in recent meeting for the flags and flower pots at the next meeting September 21, 2009. Good luck. Nothing ever changes and when it does it is reluctantly. Sad. Long range planning apparently is a no no when you have to constantly vote for the whim of the day.

But it is schocking and unconscionable to subsidize this town on the backs of the Town employees while refusing to raise your own utility rates! And hypocritical to the extreme.

Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Wayne Stebner, Dan Albertson, Jane Hunt
Attorney, David Britton
Planner, Rob White
Clerk/Treasurer, Karen Carlisle
Fire Chief. Don Torbet
Police Chief, Jeremy Kunkel
-30-

FLAGS FIVE GRAND, EMPLOYEES ZERO

Ruston Town council meeting Tuesday Sep. 8th, 2009 7pm:

PUBLIC COMMENTS
Mainly concerning Pearl Street zoning 52nd to 54th whether to make permanent change to residential. One for residential, four favoring commercial. Memories are very short on this council with Wayne now the senior council person. Remember a while back after spending a $35,000 grant to study this it was approved commercial 51st to 54th on Pearl street by the Planning Commission. All this was wasted when the bedroom community cabal duo, Wayne and Bob E., managed to amend out two blocks and lower the height limit basically emasculating the grant. Wasted grant and wasted effort town of Ruston vs. the cabal getting us to where we are now.
The present council isn't a lot of improvement doing over the do over. There is no long range planning here sticking to their campaign pledge of four years ago to turn Ruston into a bedroom community and annexing it to Tacoma.
One other comment requested accounting of legal costs of Point Defiance Cafe and Casino vs. Ruston eliciting a very still silence. All other comments received numerous responses from mayor and Council persons. One public commentator asked why and got response "too technical". My guess exceeding $50 thousand dollars and we haven't even gone to court yet. Will file FOIA public records request.
BUSINESS
STREET LIGHTING - COMMERCIAL DISTRICT
Wayne - can new pole standards hold flags and flower pots?
Mo -
.They are 150 feet apart not capable of handling banners.
.Increased costs above 50 pounds plus cross arms to hold.
.Cross arms approximately $4 hundred dollars. Beefing up poles increases to $5 hundred dollars.
.Design changes needed.
Jane - to Mo. can you provide pictures of what poles look like?
* look at new street lighting on Karen's blog RUSTON HOME.
.Possible to hang flag and picture of flower pot?
.Cross arm must go up at installation?
Wayne - need to advertise out request two bids.
Mo - Will need to write new specs, advertise.
Wayne - Costs? Need to move on this. Any council comments.
Mayor - $20 thousand dollars additional costs.
Mo - Nothing on 51st street.
Beth - Community would support, find dollars.
Mo - Would be higher. Different poles adding 250 pounds weight.
Jane - Add flag no weight?
Mo -
.Cost of concrete poles is higher to handle more weight.
.$5 thousand dollars added cost just for flags.
.There are standards we have to follow.
Jane - Agree with Wayne. We should have talked about this four months ago.
Bruce - we have incurring extra engineering costs.
Wayne - Makes motion to two require two separate bids, with without flags.
Jane - Second.
David - Expending added costs not valid on motion.
Mayor - Come back next week.
Mo - Get one bid on Pearl street, one on rest else higher costs two bids.
*Dipsy-do, got hit in the head with a screwball! As usual chasing their tails in an endless game of round and round we go.
RESOLUTION No. 454 - Building Department Services
Jim - One firm, need to terminate others?
Bruce - Will do tomorrow.
Jane - Benefit Town tremendously.
Jim - Lots of development, need Professional Services.
Wayne - In support of, can not support not getting more bids.
Bruce - Set fee schedule, no benefit RFP.
Wayne - Need to go out for bids. This is not right.
*Gee, way to slow things down Wayne who is functioning on his own sans Dan.
Bruce -
.Not random act. This was done systematically.
.We need automation, fund accountability. We need to know what is coming in going out, currently unknown, unacceptable.
Jane - They do a good job. Other towns quite happy.
Passes 4-0.
Ordinance 1295 - Building Department Services Fee Schedule
(first reading)
Ordinance 1296 - maximum Load Limits
Wayne - What is purpose.
Rob - Stop truck traffic over Burlington Northern trestle.
Wayne - If OK with BN. We need road rebuilt to new standards, new curbing.
Jane - We don't want a school bus dropping into tunnel.
Don T -
.My understanding not a weight issue, not engineering situation.
.Do not see a problem. Tacoma brings Ryder trucks.
Bruce - Need engineering approval.
Don T - Go a different agenda.
ITEM 5. Salary Provisions for Collective Bargaining Agreement
Bruce - Negotiator accepted council provisions except salary.
Jim - Passed last week on overtime hours.
Bruce -
.Can't talk on this, ongoing negotiations.
.Need council guidance to go back to negotiation.
Jim - Can we exclude some employees.
Bruce - Negotiations are torture session. Don't have right to call EXECUTIVE SESSION.
Jane - other commercial rate.
Bruce - Next step arbitration.
Jim - Go back to union with different numbers.
Jane - We can't approve, not in budget. Can't agree with this.
*But of course the flags and flower pots were in the budget???? Right? Wrong.
Wayne - make motion to approve so I can vote against.
Mayor - COL, 2 1/2 percent of 1.7 percent?
Jim - Hiring freezes all over, come back in 2011 and revisit.
Jane - second.
Passes 4-0.

*Does this really make sense. Stiff the Town employees for four years. All sorts of money for flower pots and flags though. Ongoing vendetta against town clerk goes on. Shameful. Just last month they voted to have fiscal, budget impact statements but none have been forthcoming.

All for now. Sorry for my short hand notes. More and better reporting on Karen's blog Ruston Home re: Council meeting. Finish later.

Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Wayne Stebner, Dan Albertson, Jane Hunt
Attorney, David Britton
Planner, Rob White
Clerk/Treasurer, Karen Carlisle
Fire Chief. Don Torbet
Police Chief, Jeremy Kunkel
Mo - Town Electrician

NEVER NEVER LAND

Ruston Town Council meeting August 17, 2009 7pm:

Ho hum, another EXECUTIVE SESSION everyone out into the street except for our exalted rulers and the Tacoma cabal, of course. Almost routine now with the plethora of lawsuits and the anti-personnel environment which pervades this council.

Study session preceded regular session "Discussion of Town Street Lighting".
Caught the last half hour but the session rambled off into SEWERS et al. Let's face it these study session seem to lead nowhere but promises and "let's go find a GRANT"! In the real world it's "What did we do"? Voted our largest taxpayer out of business because we didn't like his sign. Gosh, we wouldn't need a GRANT if we were still getting the $30 thousand dollars each year in gambling taxes $150,000 five years.

Duh, were not dumber than dumb just less smart. But we'll pull the wool over the eyes of those GRANT people and cover our losses. Good luck on that one: Attention GRANT people!

But wait it gets worse. The POINT DEFIANCE CAFE AND CASINO lawsuit was bumped and has to be rescheduled two months down the line. You don't hear a peep in the council or from the Mayor on the exploding expenses on this lawsuit. No budget impact statement no financial analysis statement, just silence. Apparently the Town of Ruston's legal expenses on this lawsuit are buried in CLAIMS AND PAYROLLS and routinely approved. Legal costs to the Town estimated at $50 thousand dollars so far and an additional $20 thousand dollars for the do over.

The only peep you will hear is from the RUSTON INSIDER. DO YOU CARE, DOES ANYBODY CARE? The DECIDERS in the Town apparently are in play with this huge expenditure, apparently off budget, and so far have refused an almost zero cost to the Town settlement and brushed off the arbitration process and spend whatever it takes on the road to bankruptcy. TACOMA OR BUST has been their ultimate goal and nobody stands in their way.

What has all this to do with the regular council meeting well I only stayed through GENERAL PUBLIC COMMENTS and then departed there being only one issue on the agenda:
BUSINESS Resolution 453 To change the hours of the standard work week for Town Employees

Yah more like MONKEY BUSINESS. Employees plural is disingenuous. this is aimed at only one employee the Town Clerk/Treasurer who has been subjected to the wrath of the cabal for three and one half years after she correctly quoted a very vengeful council person and was forced to remove the correct quote and insert a false entry into the minutes of that meeting.

One GENERAL PUBLIC COMMENT Lyle Hardin - Thanked the Council for allowing him to go the AWC (Association of Washington Cities)Budget Session and especially Jane Hunt for getting him enrolled on a scholarship, coordinating and arriving on time.
Also has friend Associate Engineer who will provide lights, we install, doing project now.

Why don't the LAME DUCK TACOMA DUO give up and retire early. We need the new Ruston friendly attitude on the Council which is coming soon but not soon enough.

EXECUTIVE SESSION potential litigation
Sound familiar? Vellein's into the street wet and cold.

Here is a link to Karen's Council Meeting August 17, 2009 post.

Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Wayne Stebner, Dan Albertson, Jane Hunt
Attorney, David Britton
Planner, Rob White
Clerk/Treasurer, Karen Carlisle
Fire Chief, Don Torbet
Police Chief, Jeremy Kunkel

-30-

FALSE ALARM

The case of FABRE VS. TOWN OF RUSTON was not heard today. Apparently the judge had a divorce case or Steve Fabre, Point Defiance Cafe and Casino, vs Ruston and chose to hear the divorce case.

This left a lot of subpoenaed witnesses cooling their heels in the corridor. Some had to take the day off and in one case the Town of Ruston will have to pay per diem as well as mileage.

The best I can ascertain is the case is on hold and next week they are on call subject to half hour notice. Very hard on witnesses who have been subpoenaed. How they can accomplish all this I do not know but motions and jury selection precede the trial.

Interestingly the four council persons associated with the cabal never showed up? Inside information or? Kind of fishy and very expensive to both sides.

Stay tuned.

MILLION DOLLAR SIGN

Oh my melancholy town, on the eve of the TRIAL OF THE CENTURY in Ruston, WA. Trial date now confirmed August 13, 2009 9am Pierce County courthouse room 2C. Let's get it on!

STEVE FABRE VS. TOWN OF RUSTON
Case Type: Injunction
Access: Public
Track Assignment: Non PCLR
Jury Size: 12
Estimated Trial Length:
Dept Judge: 05 VICKI L. HOGAN

Plaintiff Steve Fabre is asking for damages of $950 thousand dollars and there is a strong chance defendant Town of Ruston will have to pay attorney fees for both sides which could be substantial.

This all started when two private citizens of Ruston, WA walked into the POINT DEFIANCE CAFE AND CASINO (PDC&C)and demanded that owner Steve Fabre remove his sign that the cabal running the town considered demeaning to the Town's image. This and their campaign promise to eliminate all businesses played a large part plus a private lawsuit filed against several members of the Town establishment which included the wife of a sitting councilman, soon to become mayor, was settled out of court. Strike two if I may use a baseball metaphor, against them. The Town of Ruston turned down an very fair option to settle this case earlier!

Later both private citizens were elected/appointed to the Ruston Town Council. A third council person proposed a tax rate of 16 percent to be imposed on gambling revenues. The rate at that time was three to four percent floating bringing in tax revenues of $30 thousand dollars per year. The sixteen percent was reduced at the council session to 12 percent, a meaningless gesture, by a fourth council person still an out of business tax increase passed on an EMERGENCY basis 4-1. The tax was whittled down so as to apply to only one business in the Town of Ruston but still accomplished its aim to close the gambling portion of the POINT DEFIANCE CAFE AND CASINO. Strike three and you're out of here.

Thirty employees were put out of work and inexplicably the Town lost the $30 thousand dollars the gambling tax brought in annually. All this was accomplished as an EMERGENCY measure bypassing the second reading which would have been the next scheduled council meeting. No public comments were allowed at the first reading and the EMERGENCY followed a rumor that the owners and employees of the PDC&C would show up at the second reading to voice their misgivings.

This is GRANT town USA. You hear it at every meeting: grants, grants, grants. Having voted away $30 thousand dollars per year they still have enough gall to ask for grants to make up for their deliberate action. Case in point the need $100 thousand dollars plus to install new street lights and constantly talk of green energy lighting in order to qualify for a GRANT and saving 40 percent. Five years of Casino gambling operation would have brought in $150 thousand dollars which was diverted to other municipalities.

PDC&C became a target after losing battles to stop, delay several other projects which complied with the GROWTH MANAGEMENT ACT namely, STACK HILL and THE COMMENCEMENT. In another irony stopping THE COMMENCEMENT, which was their rallying cry, got them elected to power, was THE SAVIOUR OF THE TOWN OF RUSTON.

The COMMENCEMENT paid the town $4.2 million dollars for 1/3 of the school property, the lower parking lot. The only other bid was for $1.5 million dollars for the school and the acre of land it sits on. This got them no favors with the cabal running the Town and still an occupancy permit has not been issued for the project and its 62 condominiums. This put the Town of Ruston in a very favorable position to weather the current recession but it is being squandered. Why?

The $4.2 million dollars is deposited in an interest bearing SURPLUS PROPERTY FUND without which the Town of Ruston would not exist to this day. Without it they, the cabal, might have achieved another goal of ANNEXATION TO TACOMA. So far it has been their piggy bank to pay for their ill advised lawsuits which appears to be of NO BENEFIT to the Town of Ruston but more to fulfill whims of the cabal. Case in point the so called "BALLET CLASS" lawsuit vs. the COMMENCEMENT which cost the town over $100 thousand dollars the judge upholding the COMMENCEMENT lease and ordering Ruston to pay legal costs for both sides. And now the MILLION DOLLAR SIGN.

It appears $950 thousand dollars is an insignificant amount when it is not your money. Falls in the same category as the 500 year lease on part of the school (now closed) building they gave the COMMENCEMENT and are now trying to buy back. The AWC, Association of Washington cities, has paid all or part of the Town's losing/settled lawsuits but they may not be on board for this one.

Fortunately for the Town, stability will finally return to the Town of Ruston, WA in January 2009. Hope and wait and pray we can survive five more months.

-30-

GRANTS AHOY

Ruston, WA regular council meeting August 3, 2009 7pm:

Absent Bradley Huson, Bruce Hopkins. Jim Hedrick appointed Mayor pro tem. Worth mentioning as to the strange behaviour of Wayne and Dan here and on CLAIMS AND PAYROLL. Jane nominates Jim Hedrick as Mayor pro tem.
A strange silence pervades and finally Jim Hedrick had to second himself as Mayor pro tem. No response from Dan or Wayne. Jim offers to have Wayne Stebner appointed Mayor pro tem. Wayne declines and Jim is seated as Mayor pro tem. Why was this made so difficult? Game playing by the Tacoma duo who also have gone silent on the annexation issue.
Town Attorney is late and Dan, jokingly, offers to be Town Attorney pro tem. After a phone call to David Britton he is on his way and meeting proceeds.

AGENDA - Jane adds agenda item #1 to allow mayor to proceed with contract negotiations with SAFEbuiltinc to be hired as building inspector and for Licensing.
David asks for EXECUTIVE SESSION for "potential litigation" before item #5 CHANGE THE HOURS OF THE STANDARD WORK WEEK FOR TOWN EMPLOYEES. This appears to be a result of the Town Hall closing on Friday as no overtime is allowed for Town Clerk or assistant Town Clerk. NOTE: Strange, very strange.

PUBLIC COMMENTS - Only one, myself, responding to BUDGET (FISCAL) IMPACT STATEMENTS to be required on all future motions and resolutions. The point it would have been nice to have had this when they voted the Town's largest taxpayer's gambling operation out of existence. Cost to the Town $30 thousand dollars per year $150 thousand dollars over five years on an EMERGENCY MOTION bypassing second reading and not allowing public comments. Apparently the word was out Casino owners and employees were going to show up and comment at second reading. More on this later. NOTE: More than enough to pay for street light replacement?

BUSINESS -
AGENDA ITEM # 1 - AUTHORIZING MAYOR TO NEGOTIATE WITH SAFEbuiltinc
NOTE: Rather comical how serious it gets on issues benefitting the Town.
Jane - SAFEbuiltinc made a good presentation in preceding Study Session.
Wayne - Need due diligence, need to get other offers.
Jane - Not cost effective.
David (Town Attorney) rather have a resolution not contract negotiation.
Wayne - Why are we replacing current building inspector?
Jane - We have very large commercial buildings coming in need special expertise.
Wayne - Have we discussed this?
Jane - Yes, for one hour in Study Session before this meeting.
Wayne - Asking David: Good business practice to advertise?
Jim - Some urgency Commencement needs to get occupancy permit so new owners can move in. This is for negotiations only.
Wayne, to Dan: Do you know of urgency.
Dan - Need due diligence. Need to get references.Like the idea of permits being filed in a timely manner. New inspector would be impartial. This is for negotiating contract only. I am in favor of moving forward.
Passes 3-0.
AGENDA ITEM # 2 RESOLUTION NUMBER 450 PROFESSIONAL SERVICES
Jane motion, Wayne second.
Jane - How is this different from what we had before?
David - Village Properties, Rob White, Town Planner, owns the records and is an independent contractor. Town Clerk will get true and correct copies.
Dan - Original scope of assigned contract; Can we use for other purposes.
David - Hard to imagine any other purposes!
Rob - if modified could cause liability problems if used improperly.
Dan - Not beyond scope of original contract?
David - Right, that is what it was designed for.
Jane - to Rob; What if you died? Town needs to be protected.
Dan - Interpretation by Town Attorney OK.
Passes 3-0.

AGENDA ITEM 3 RESOLUTION NUMBER 452 FISCAL IMPACT STATEMENT AMENDING RULE 22
Dan motion, Wayne second.
Dan - Motion to amend page two sub section G to say ANY ORDINANCE not just those using funds.
David - Less than a hairball.
Jane - change any to all.
Amendment passes 3-0. Resolution 452 adopted 3-0.

EXECUTIVE SESSION ON POTENTIAL LITIGATION 20 MINUTES

Regular Town meeting resumes 8pm:

AGENDA ITEM # 5 RESOLUTION 453 CHANGE THE HOURS OF STANDARD WORK WEEK FOR TOWN EMPLOYEES
Dan - Defer to next council meeting (August 17).
Wayne second, passes 3-0.

CLAIMS/PAYROLL -
Jane- Motion to accept, Jim second. No discussion.
NOTE: SUSPENSE HANGS IN AIR. WILL DAN AND WAYNE VOTE THEIR USUAL NO.
Jane YES. Wayne NO. Dan ABSTAIN. Passes 2-1.

COUNCIL TIME -
Wayne - Talked with MO, town electrician, regarding need to find funding for street light replacement. Need energy efficiency (to qualify for grants). Need to stop playing games and put out for bid. Need to look at Electric (utility) fund and Surplus Property fund to be used in emergency.
Dan -
. I agree with Wayne Stebner. Foolish from a liability standpoint not to act.
. (Goes into a long discourse on LA CONNER budget document, best ever.)
. Our budget is unreadable. Need to document where money comes from, goes.
. Need to improve public services.
. We have two Town employees who do a wonderful job. In my view we need to look at their compensation.
NOTE: Only two?
Jane - We need grant for street lights. We save 40 percent. Everything is changing.
Wayne - Referring to LID lights not fully tested.
Jane - MO doesn't want to do this. Totally against energy efficient lights.
Wayne - We need to find funding before RFP.
Jim - How about a study session August 17 6pm with MO?
Jane - Invite suppliers also.
Wayne - We need to get on this.
Jim -
. Fire Chief wants KNOX BOX on all commercial buildings. Emergency situation will have access. Commencement wants KNOX BOX for 62 units. Need letter they are doing this voluntarily.
. Fire Chief has stopped inspections, no inspections. Not authorized under Municipal Code. Need Ordinance in 2010.
David - Ratify by separate ordinance.
Jane - Why not KNOX BOX?
David - in ISP. I think Fire Chief has authority.
Jim - POINT RUSTON COPPERLINE condominiums in Tacoma KNOX BOX mandatory.

Adjourn 8:22.

STEVE FABRE WITNESS EXHIBIT LIST

Steve Fabre dba Point Defiance Cafe and Casino is the plaintiff in the upcoming trial August 13, 2009 Pierce County Superior court Judge Vicki Hogan room 2C at 9am:

Case Title:STEVE FABRE VS. TOWN OF RUSTON
Case Type: Injunction
Access: Public Track
Assignment: Non PCLR
Jury Size: 12
Estimated Trial Length:
Dept Judge: 05 VICKI L. HOGAN

This lawsuit asking damages of $950 thousand dollars derives from a personal vendetta against the Point defiance Cafe and Casino using public (Ruston) resources. Who representing the interests of the Town of Ruston would tax their biggest taxpayer, $30 thousand dollars per year on a sliding scale, OUT OF BUSINESS? This all started when two citizens of Ruston visited the PDC&C and asked that their sign be removed and escalated from there.

The attorney for Steve Fabre is Joan Kristine Mell, who has won 6 lawsuits vs. Ruston with no losses. They are in for a tough day (Ruston) with a no nonsense, no distractions judge.

Will try to get depositions but they are not provided on the LINX system.
The deposition list includes a who's who of the Ruston establishment past and present:

Dan Albertson
Bradley Huson
Jane Hunt
Wayne Stebner
Sarah "Sally" Everding
Kim Wheeler
James Reinhold
Jim Hedrick
Sharon Reese
Steve Fabre