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
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Friday, August 21, 2009
Thursday, August 13, 2009
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.
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.
Wednesday, August 5, 2009
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.
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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-
Tuesday, August 4, 2009
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.
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.
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