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

RUSTON WITNESS EXHIBIT LIST

RUSTON is the defendant 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?

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

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GET READY: WHEELER DECLARATION

Ruston is the defendant 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?

The attorney for Steve Fabre is Joan Kristine Mell who has won 6 lawsuits vs Ruston without a loss. They are in for a tough day (Ruston) with a no nonsense, no distractions judge.

Attached is Declaration of Kim Wheeler. Trial witness and exhibit lists for both sides to follow.

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

The witness list is even broader to be attached in a later blog.

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GET READY: HUNT/STEBNER DECLARATIONS

Ruston is the defendant 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?

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.

Attached are Declarations of Jane Hunt and Wayne Stebner. One more declaration to follow and then trial witness and exhibit lists for both sides. 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

The witness list is even broader to be attached in a later blog.

RUSTON WIFFLE

Ruston, WA Town Council meeting July 20, 2009 7pm cont.,

BUDGET IMPACT STATEMENTS
Dan - was supposed to say discussion. Need to know who proposes motions and increased revenue and costs.
Jim - Many bureaucrats (in Olympia) more about revenue offset than on legislation.
Dan - Focus on starting point not hours and hours. Focus on starting point.
Dan - Do not need an ordinance but include in rules, fiscal point impact on Town.
Wayne - Impact on utilities.
Note:
A starter how about including LAWSUITS in the rules.
How about TAX INCREASES putting people out of business.
How about DO OVERS, voting down legislation on TECHNICALITIES.
Probably more but it is late. Please comment.

MAYOR'S TIME
. Revenue six months $369 thousand dollars expenses $419 thousand dollars resulting in shortfall of $23 thousand dollars.
. Town $6 million dollars invested receiving less than one percent .07 percent interest.
. Investment interest half of what expected. Do we have any other options.
Note: probably on demand, time deposits earn more.
. Retail sales and use tax are OK, on schedule.
Note: How about the gambling tax $30 thousand dollars per year gone kaput.
. Curb painting July 25 and 26 gutters to go. Need volunteers.
. Have offer from Commencement to release us from lease (500 years). We are miles apart.
. Electrical work complete on moving kitchen in school. Kevin Moser did the work.
. Plumbing contractor will give us bid in two weeks.
. Room will, upon completion, be used for Town meetings and can be rented out.

COUNCIL TIME
Wayne - Street lights need replacement.
Bruce - Mo (Town electrician) has RFP ready. To recommend to DOE project must be green. Must be paying into Federal Government green fund to be eligible.
Bradley - in on August 3rd.
Jim - Attention to public. Clarence Bundrock, (covered in Ruston Home blog July 9, 2009) passed away recently. Clarence was a long time manager of the Boat House Grill. Oldest living resident of Ruston since 1943.
Dan -
. Regarding budget. Surplus property fund has been tapped into for $225 thousand dollars. Dangerous to draw conclusions on short period of time. $1 trillion dollars disappeared in the USA. We need a two year plan.
. Just received building permits for 2009. Supposed to receive monthly.
. Stop historical error depriving the Town of revenue.
. Notice to Assessor must be filed timely with return receipt.
. No notice to Council how about notice to Assessor?
Jane -
. AWC training class on budget approaching.
. Sign up early and receive small town scholarship.
. Handout supplied, need to read page five on utilities ordinance.
. No burden to elderly, low income.

FINAL NOTE: I detect a lot of worry regarding indemnification. Possibly concerning private lawsuits filed on Town's dime. The CABAL has never made a secret of their intention of turning Ruston into a bedroom community sans any businesses or public services. In short, annexing to Tacoma.

If there has been a pay raise for public servants in the last three and one half years I missed it. This does not include the Police Department which has received royal treatment.

Most of the Union problems derive from the three and one half year effort to get rid of the Town Clerk/Treasurer. Remember the very first council meeting after the cabal took over they forced her to falsify the public record when one council person didn't like to be quoted correctly. Soon after she was banned from EXECUTIVE SESSIONS and public comments which used to be readable became short meaningless clips.

The veil of secrecy descended upon the town; Open meetings violations and failure to maintain and archive public records.

But the latest cheap shot was the failure to approve the Collective Bargaining Agreement worked out over the past four months on technicalities, ostensibly because a pay raise for Town Employees was not budgeted for. In the next six months it will take to do over this agreement the cost will be huge and NOT BUDGETED FOR. Make this fiasco the first BUDGET IMPACT STATEMENT.

Ruston, WA the Council of the TROLLS?

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

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RUSTON WAFFLE

Ruston, WA Town Council meeting July 20, 2009 7 pm:\

Arrived a few minutes early and caught the end of Study Session "Sewer Project Discussion with Jerry Morrisette".
Jerry - Need consensus to expand USDA loan application of $1.2 million dollars for fixing 1/4 of Town's sewer problems. Consensus tonight on final decision to accept loan and terms and apply for $5 million dollar loan at current interest rate of 4.375 percent for a 40 year term.
Bruce -
. $264 thousand dollars payment for 40 years on $5 million dollar loan divided by 598 sewer connections works out to $264 thousand dollars per year or $37 dollars per month per sewer user if full amount of loan drawn. Build out interest is at 3 percent.
. USDA called us and asked if $1.2 million was all you needed. They have 4 billion dollars available Nationwide. This kind of funding not available since 1970s, 1980s.
. No payments until money drawn.
Jane - Sewer fund or Harbor fund available?
Wayne - Whole grant or...?
Dan - Math problem. $5 million dollars at 4.375 percent equals $1 thousand dollars a month per user.
Bruce - $264 thousand dollars per year over 40 years.
Dan - Maximum loan interest is $340 thousand dollars interest at peak.
Bruce - $264,936 amortized over 40 years.
Dan - More interest due in first year.
Jane - explaining. Same as your house loan, amortized. Payment fixed for term of loan.
Jim - motion to pursue, Jane second. Motion passes 5-0.

STAFF REPORTS -
Jeremy Kunkel -
. Taste of Tacoma resulted in one vandalism arrest, one under investigation.
. Night Out Against Crime has two block parties scheduled.
Don Torbet -
. Fourth of July Parade issue solved by small child with "Everybody just go."
Fire investigation complete, somewhat suspicious. Cannot find source. People reported a campfire, possibly a flying ember.
. Two cell phone calls 30 feet apart were made. One went to Pierce County one to King County.
. Ruston was notified possible entrapment then confirmed two people entrapped on upper floor.
. Tacoma got different information no entrapment.
. Cell phone reports are delayed 7-8 minutes. Must be exact about location, city.
. Notified of picture taking at house day before. Investigation revealed pictures were taken by bank.
Rob White - Setting up public records for permits all in one place.
Bruce - Need hard files in consultant transfer. After last Planner, consultant Town paid dearly to reconstruct records.
Rob -
. All files in one place, drawings 24 X 36 inches to fit in large legal file cabinets.
. Future public records requests answered quickly saving time and expense.
. Now have 25 different permits hope to eliminate some.

PUBLIC COMMENTS -
Terry - $5 million loan on sewers. Can it be invested if not used? Answer: money only drawn if used.
Edie - Congratulations to Police and Fire for Fourth of July enforcement. No fireworks litter found in yard. Taste of Tacoma Town should charge for parking, get some benefit.

BUSINESS -
Ordinance 1290 LIBRARY CARDS
Jim motion to approve, Bradley second.
Jane - We should give advance notice on utility bill.
Karen - Ordinance takes affect five days after passing.
Jane - notice would encourage more usage.
Karen - Word is already out. Have seven applications last week.
Dan - Bad public policy. No library in Ruston. Cost only $300 dollars. This is for kids. Tens of thousands of dollars given away no enforcement of build policy on Commencement street lots. Why take away library cards?
Wayne - People with kids hurting, important to kids.
Passes 3-2 Dan, Wayne voting no.
Ordinance 1291 Title 19 Ruston Administrative code
No discussion passes 5-0.
Ordinance 1292 COM-P Zoning
No comments. Passes 3-2 Dan, Wayne voting no.
Ordinance 1293 Public Records
Motion to pass Jim, Bradley second.
Jane remove alarm paragraph. Change size to 8 1/2 X 11. Renumber.
Amendment passes 5-0 motion passes to approve 5-0.
Ordinance 1294 Indemnification
Bradley, Jim motion to pass.
Dan - Town of Ruston council approves?
David - Statute does not mandate, discretionary.
Dan - We can set out specific causes.
David - Kugler (Legal Counsel) recommends strenuously.
Dan - No direction when to approve. Nebulous when to pay to represent. We need criteria when to apply. Worry about how to apply.
David - Insisted on by Counsel would defer to them. This has been hammered out in detail.
Dan - Rational to defer without hearing? Need to hear rationale on disputed case, need to wait on this.
Jim - Ordinance motion are time sensitive.
David - Yes, much time effort expended.
Jane - Reason to abstain must be justified otherwise considered with majority.
Motion passes 4-1 Dan voting no, Wayne abstaining.
Resolution 449 - Communications Maintenance Plan
Dan - Who drafted?
David - Sent by County.
Passes 5-0.
Resolution 450 North Creek Planner
Rob - Documents put in public file. I cannot own.
Jane - Ownership to Town. Part of public records. Not in here.
Rob - Change to agreement requires approval of Insurance Carrier.
Jane - Ownership to Town. Should be part of Public Records. Not in agreement.
Bruce - All records stay here.
Dan - Huitt-Zollars took records same contract.
David - Actually not the same, added language.
Jane - Not comfortable with this agreement.
Wayne - Agrees with Jane.
David - Rob does not object to removal of entire clause. Must run it by Insurance Carrier.
Dan - Must remain property of Town.
Rob - clause in there because sometimes you don't get paid.
David - Too much invested to start over.
Bradley - Huitt-Zollars agreed to turn over documents they took. I went and picked up 30 boxes of crap. We need exact copy of each document, picture.
Jim - Withdraw motion to adopt, Bradley withdraws second.
Jane - move to August meeting as amended. Passes 5-0.

NOTE: This is a classic case of locking the barn door after the horse has left. As you will see later they want a cost analysis attached to each motion in the future. Where is the cost analysis on spur of the moment, unwise decisions, legal fees, staff time et al, by the whole Council?

Resolution 451 Collective Bargaining Agreement
Dan - Some of problems: page 10 article 21 Discrimination.
David - We agreed to.
Dan -
. Article 5 page 3 second paragraph Shop Steward.
. Article 6 page 3 last paragraph - New employee probation 90 days can be extended on written request of employer.
David - Self explanatory.
Dan - Why not auto extend?
David - Standard Union agreement.
Dan - Can be terminated?
David - Standard Labor Law, non appeal.
Dan - Does it say that?
David - Accepted law.
Dan - Seniority apply if one person applies for vacancy?
Dan - Salary paid if on jury duty. They need to turn in jury duty check.
Jane - We pay the difference.
David - Must return to job next day if not accepted on jury duty.
Dan - Pay for Clerk 2 1/2 times regular pay if Holiday?
Dan - Discipline. We must have just cause. One oral warning two written warnings in six months? Removed from personnel file after six months?
Dan - Under influence of alcohol. Does this mean they can drink on the job if not under inflience?
NOTE: Now we get to real problem.
Dan - Calls for $2700 pay increase for town employees to date, another $2700 to end of year. We did not budget for this.
Bruce - process took four months handled by Mr. Winterbach (lawyer).
Dan - Go back to Union. This is a burden to Town. Need to withdraw motion?
David - No motion made.
Bruce and David - This will require six months Labor Arbitration if not passed.
Jim - What to do?
David - We need to tentatively accept or decline.
David - We have agreed to this. To ask for return to arbitration we need to vote this down.
Defeated 5-0 failed.

NOTE: Whoa Nellie, the cost of this could be staggering. Lawyers, bureaucrats will have a hey day. In followup at end of blog the question; Was this all to not pay the Town employees a living wage? Town employees for years underpaid. Very loyal Town employees. Is this the last swat down by the Cabal who seem to manage to muddle things and get the additional vote(s) they need.
In my mind this is disgraceful! How many Town employees does Ruston have? This is not Tacoma where they have a bevy of lawyers and thousands of employees. This is another targeted disgrace to the Council and belittles the Town and all it's people.
Resign, resign, en masse. You can do no worse if this is your best.

(TAKING A BREAK, 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

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MOTION DENIED

Pierce County Superior Court Judge Vicki Hogan presiding July 10, 2009 at 10:25:

TRIAL TENTATIVELY SCHEDULED FOR AUGUST 13TH.

Judge Hogan denying motion on both sides instructs attorneys to file any further motions by July 20. Need to cut off motions 2-3 weeks before trial to allow time to respond. Need to pick jury and assemble jury instructions by August 4th. Attorneys need to check with court August 6th or 7th for final date set for trial.

MOTIONS DENIED.

Bad news for the Town of Ruston. Legislating their largest taxpayer out of business with a targeted tax increase will not be looked on kindly by the court. This was always a private lawsuit filed using the resources of the Town. Remember we don't like your sign!!! Boomerang big time on the Town of Ruston but for for those looking to put the Town out of existence by annexation or bankruptcy another victory.

Final act judge signs order denying both motions.

It started smoothly. In attendance the Fabres, myself and Dan Albertson plus Ruston Town Attorney David Britton and Attorney for the plaintiff, POINT DEFIANCE CAFE AND CASINO, Joan Mell.

After a long back and forth on the validity of the Ruston Ordinance 1253 increasing the gambling tax from a floating four percent to twelve percent targeted at the Casino.

Basically, the Town's position was that the courts had no jurisdiction in the matter based on the Separation of Powers doctrine. The plaintiff attorney argued that the Supreme Court was not court of original jurisdiction and as this was a challenge to voting requirements, document is not an issue.

Summary as best I can do:

David Britton, Ruston Town Attorney, first to argue. This is a motion for Summary Judgment dismissing all claims. Issue is whether Ruston Town Council Ordinance is valid. Very narrow issue on a quasi administrative procedure. Plaintiff argues that the Town Council violated the law. The Supreme Court defined Separation of Powers doctrine. Proper interpretation does not allow court to second guess correct number of votes or pass fail. Separation of Powers doctrine does apply here, no difference than case I cited, exactly analogous. Ruston Town Council has its own internal rules giving it express authority.

Joan Mell, Attorney for the plaintiff Point Defiance Cafe and Casino: Supreme Court not court of original jurisdiction. This is a challenge to voting requirements, document does not apply. We are asking court to review and for Summary Judgment to void Ordinance as implementation provisions did not follow rules. The Ordinance is suspect in several ways as defendant was not allowed to testify. Town of Ruston asking for precedence in legal theory challenging the court.

David response: Apply separation of Powers doctrine. Actions of Ruston Town Council immaterial. I know their problem (referring to plaintiffs). Same arguments as previous motions and no new evidence. Procedural and process violations do not apply. Separation of Powers doctrine has been applied. Powers specifically mandated by legislature ...

Judge Hogan interrupts: That is not what Plaintiff attorney is arguing.

David Britton reading from a case law book cites Spokane case based on charter. Citizens of Ruston were told, entitled to deference. Fabres not citizens of Ruston.

Joan Mell court is being asked to second guess Supreme Court, addressing failed laws, no parliamentary rules.

David Britton tries to introduce new motion. No way to file new motion?

Judge Hogan NO. We need to pick jury. Cutoff is two to three weeks before trial on August 13th. Advance notice of new motion is required. Must be filed by July 20th to allow time for response.

Note: Panic time !!!

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RUSTON PUT UP

Ruston, WA regular council meeting July 6, 2009 cont.,

A sham or just going through the motions, always weird.

CLAIMS AND PAYROLL

not usually covered here but the rote antics of the Dan and Wayne show hit a new laughable stage today.
Jim- to David (Town Attorney) asking about $26 hundred dollar item submitted by David regarding Point Ruston challenge?
David - we were sued, defending ourselves.
Jim - Why bill the Town and not Point Ruston? How much was total billing costs?
David - attended a three day hearing, 20 hours. Cannot be specific at this time.
Passes 3-2 Wayne and Dan voting NO on paying CLAIMS AND PAYROLL.

What makes this so interesting? The person they do not want to pay is the attorney Dan hired as SPECIAL LEGAL COUNSEL bypassing the then mayor whom he had issues with. His neighbor he wants to stiff.

MAYOR'S TIME
.Personnel department had first meeting. All Town employees in one room. The goal: to improve communications so all could be aware what the others are doing. Rob is the middle man not the Mayor. Meetings will take place once a week.
.Thanks Jane for attending AWC conference. Admission was free of charge.
.Excited about sewer prospects for phase one. Loan applications have been declined by two banks. Turns out a good thing opens us up for a 40 year low interest USDA loan. Will look for free money for other sewer phases.
.We are 3rd or 4th in line for loans, phases 1 and 2.
.Need study session on sewers Town Engineer Jerry Morisette to attend. Either Monday or Thursday.
.Last, need volunteer help moving kitchen donated by the Commencement to the bathroom area. Commencement center improvements need approval by the Council. Will have a first class meeting room which can also be rented out. Plumbing and electrical work are largest expense. Estimated price around $14 hundred dollars. Need feeds for double oven and refrigerator. Requires a licensed contractor.

COUNCIL TIME
Wayne-
.We have a crisis. Citizens will pay $10 dollars per month phase one sewers eventually increasing to $40 dollars per month when other phases are started plus engineering costs.
.I want to use the surplus property fund to subsidize sewers, transfer $3.5 million dollars to sewer fund. Street lights also need attention and may fall down at any time.
Bruce - regarding street lights: AWC talks to DOE engineering ready for bid. Need green energy criteria for CTAD to approve.
Wayne - I totally support using surplus in Electrical fund for street lights. Fund is 12 years old.
Bruce - Yes, need help it is a balancing act between grants and free money.
Wayne-
.Pay $40 dollars maximum utility (sewer) costs.
.Was out of Town on fourth of July but found fireworks devices in my yard.
Bruce - Fire and Police did magnificent job patrolling Ruston was quiet. Prior years were brutal, Tacoma was mayhem.
Bradley - nothing.
Dan - We should give consideration to Ruston Farmer's Market. Council should facilitate.
Bruce - hold on Commercial street.
Jim -
.Impressed with Fire and Police on duty during the Fourth. All police officers were on duty.
.Fourth of July Parade was a fabulous success. Forty to fifty kids were involved and had a great time.
.TASTE OF TACOMA was a POWDER KEG. We need to change how traffic flow is handled. I would not advise anybody to go down there in the evening.
Bruce -
.Branches on trees broken off, rock throwing. No benefit whatsoever to Town of Ruston.
..We need to shut Town off, parking by permit only, no access.
.It was a very disturbing environment.
Bradley - Businesses losing money enter only to use restrooms. Had to close down.
Jane -
.Attended 2009 AWC Conference in Spokane. Last year was in Yakima.
.Fee was $275 dollars and they were very happy to see people from Ruston. Bruce also attended.
.Will have Budgeting class in Tacoma this August three days. An overview, available to small towns and cities at no cost.
.Major topic when recovery comes from current recession things will never be the same. We need seven days labor costs in a reserve fund.
.We need a written policy to borrow fund, fund transfers. One fund may not benefit another fund.
.Need to analyze budget where we are. Budget review mandated by state. Need to compare 2009 to 2008 analyze differences.
.Leadership assembly. Need to scrutinize Open Meetings records to do the right thing and have way to archive.
.We are in worst decline since 1946. This is a serious decline. Third quarter slow and through the coming year.
.We need survey for low income areas to qualify for grant money for sewers.
.Need to set water rates so large users pay more. Do not force senior citizens out of their homes.
AWC conference was very educational, very diligent.
Bruce - regarding lawsuit on water mains if Tacoma prevails we get our money back. (Sunday The News Tribune front page.

Note: So much for purloining the Surplus property fund. This is money from the Commencement for a land purchase. The same despised Commencement the Cabal came to power on presenting as Public Enemy number one.

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

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RUSTON DUSTUP

Ruston, WA regular town council meeting Monday July6, 2009 7:30 pm

after the almost obligatory EXECUTIVE SESSION re: personnel and legal issues

Most details on business covered by Karen: Council Meeting Quick Notes at Ruston Home blogspot.


One interesting to do, internecine squabble by the Tacoma Annexation Twins: the Dan and Wayne show on making life as miserable as possible for the rest of the Council and thereby the people of Ruston.

Ordinance 1292 - Amending the Town's COM-P Zone by increasing the allowable building height (1st reading)

Fairly innocuous on its face and seemingly routine after thorough study by the Planning Commission and a letter of recommendation by the staff that the Town Council approve the attached ordinance as presented.

Jim made an amendment to bypass first reading and pass as second final reading. Vote on amendment 3-2 Dan and Wayne voting no.
Dan immediately objected stating amendment required four votes, majority plus one, to pass.
Wayne chimed in before he finished "yes, that's right."
Bruce (Mayor) asks Town Attorney for clarification.
David (Town Attorney) approves passage of the amendment.
Dan (speaking directly to David) advises him his approval was in error as he wrote the original code.
David reverses himself based on Dan's testimony and on Legislative intent.

Second reading will happen at Regular Town Council meeting July 20, 2009.

Full text of the INTRODUCTION:

"In reviewing a recent request for a height variance for a redevelopment project within the COM-P zone it became apparent to the Planning Commission and the Town Council that the current building height limitation of 35 feet may not be high enough to accomplish the intent of the COM-P zone and the Commercial and Housing goals of the Comprehensive Plan. As a result the Town Council directed the staff to submit an amendment to increase the maximum building height of the COM-P zone for Planning Commission review and recommendation.

On June 10, 2009 the Planning Commission held a public hearing and then voted in favor of the code changes depicted in the attached ordinance."

Note: The Town Council directed the staff...

Perfunctory or? The proof lies in the details TOWN OF RUSTON ORDINANCE 1292 and Memorandum attached:

Note at the end "except that structures located between 50th Street and 52nd Street shall have additional height allowed so that no structure shall exceed 45 feet in height and no more than 3 stories, including all mechanical equipment.

Remember when a previous cabal council after accepting a $30 thousand dollar grant overrode the Planning Commission and reduced the height limit to 35 feet. Members of that Planning Commission now serve on the Town Council and intend to right a wrong.

Remember this COM-P zone includes Pearl Street 50th to 52nd street. Located at 5037 N. Pearl The Point Defiance Cafe and formerly Casino. Remember the Cabal didn't like their sign and wanted it removed? Remember the Casino won an out of court settlement from the Ruston Connection and the wife of a sitting Town Council member?

Thereafter a 16 percent, fourfold tax increase was introduced, reduced to 12 percent, was passed targeting the Point Defiance Cafe and Casino closing down the Casino and putting 30 employees out of work and costing the Town of Ruston $30 thousand dollars annually in taxes paid by the Town's largest taxpayer. This was passed as an emergency measure bypassing second reading no public testimony was allowed.

Get it now? It's THE CASINO!!! Wouldn't look good to the Judge now would it?

Tomorrow 9am:

07/10/2009
DEPT 05 - JUDGE HOGAN (Rm. 2-C )

Confirmed
9:00 Motion - Summary Judgment
Scheduled By: JOAN MELL

or goes to trial August 13, 2009 same time same place.

$950 thousand clams riding on this one enough to pay for most of the first phase of sewer replacement or all of the new street lighting.

Post motion results by noon Friday if all goes as scheduled.

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

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