Just arguments PRO and CON for now. Will add comments later.
Gambling in Ruston. I AM SHOCKED.
Town of Ruston argument PRO, unsigned. Wonder why?
Voting ‘YES’ on Ruston Referendum Measure 1 will end house-banked card rooms (casinos) in Ruston forever. Finally, “We the people of Ruston” will decide the fate of casinos in our community and not have it decided by business people who don’t live in Ruston. Ruston Measure 1 does not eliminate any current gaming activity, thus there is no revenue loss to the Town. We have to plan for the potential of casinos on the ASARCO site. This is a real possibility as neighboring governments eliminate gaming within their jurisdictions. Casinos traditionally add work load to local police forces, reducing their availability to their community. Indeed casino presence usually comes with a cost to a community that includes reputation, image and lower property values. Ruston Measure 1 was unanimously endorsed by the Ruston Town Council and offers us the opportunity to be heard. Please vote ‘YES’ on Ruston Measure No. 1.
REBUTTAL to town of Ruston statement:
Red herrings:
#1 License was approved by Ruston Town council in good faith.
#2 $30 thousand dollars per year lost in tax revenue.
#3 Gambling tax revenue used to enforce gambling act.
#4 Anti business atmosphere in Ruston is leaving empty buildings.
Ludicrous:
#5 "ASARCO site" referring to POINT RUSTON Urban Village consisting of retail shops, boutiques, restaurants, cafes, a 175 room 4-star waterfront hotel including a restaurant and lounge, pool and conference facilities.
James L. Wingard
CON argument against Town of Ruston Referendum Measure 1
The Point Defiance Cafe and Casino (Casino) was a successful business serving a public need until the Town Council decided to close them down.
The Ordinance increasing taxes with no public input and a nine minute monologue during a study session forced the closing of the main business with the loss of thirty jobs, Ruston losing it's largest taxpayer. Problem was it was done illegally.
This Ordinance 1316 to prohibit Social Card Games is an action by Ruston to close it down permanently.
A more measured approach would allow the Casino to recoup it's investment and rehire employees.
The Casino is located on a main thoroughfare. They attract a mature customer base.
This measure was rushed through to meet a deadline.
Vote NO on Measure No. 1 and support the Town of Ruston.
submitted by:
James L. Wingard
Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Deborah Kristovich, Lyle Hardin, Jane Hunt
Sunday, October 10, 2010
Tuesday, September 28, 2010
FUSE OPEN
LOOSE CHANGE rock band opened up new restaurant, FuSE Cafe Imbibery, as part of former Point Defiance Cafe and Casino. Sundays will be up and coming ROCK BANDs.
Sorry I got date wrong and missed opening but I understand Ruston Police and Fire Departments showed up in full force ala UNICORN. Whether this was directed by Town Council or I will attempt to find out. But Ruston likes to operate in secret.
Any way have had the pleasure of eating breakfast there twice and love the Garden Variety and roasted veg and ched-pep-jack omelets. Haley and Laurie would welcome you with a smile. Anyone interested in talking Ruston or information for this blog see you there at 9:30 Sundays.
breakfast and lunch:
Friday 7-11 breakfast
lunch 11-3
dinner 6-10
rotating events in the evenings include: trivia, karaoke, comedy, and
1st Fridays
Saturday 8-11 breakfast
lunch 11-2
dinner 6-10
live music every Saturday night - featuring blues/rock n roll/ jazz/ R&B
Sunday 8 -3 breakfast
look for young musicians jam sessions
breakfast and lunch menus
BREAKFAST
EGGS [1 or 2 ($1 more) any style, served with season ed red potatoes and choice of toast]
Additions
6 oz flat iron steak 10
Grilled vegetables 7
3 strips of bacon 6.5
Vegan sausage 7
2 sausage links 6.5
Tomato slices 6.5
Ham 7
CO-MINGLINGS [3 eggs, any combo scrambled with seasoned red potatoes & choice of toast]
The Cure smoked salmon, red onions, tomatoes, havarti cheese 9
Grilled Veg red peppers, onion, zucchini, yellow squash, spinach, and carrots 8
So-Cal chorizo, roasted poblano peppers, sweet onions, and quesa fresca 8.5
The Activist no eggs but all the goodness of tofu, roasted veg, and potatoes 8
Vision of MacGonglinne tender chunks of house roasted corned beef and coarse mustard 9
(2 eggs can be poached, if you insist)
OMELETS [served with seasoned red potatoes and choice of toast]
Hang Town Fry NW oysters, bacon, and cheddar cheese 8.5
I want to go To There Italian sausage, shallots, sweet onions, mushrooms, and parmesan 8
Garden Variety roasted veg and ched-pep-jack 8
Fine! Denver black forest ham, red peppers, sweet onions, and ched-pep-jack 8.5
THE 3 BENEDICTS [served with seasoned red potatoes]
Smoked Salmon cream cheese, smoked Pacific salmon, and hollandaise 9
Traditional Canadian bacon and hollandaise 8.5
Florentine spinach, tomatoes, garlic, and hollandaise 8.5
WRAPPERS [wrapped in a warm flour tortilla, served with potatoes and fresh fruit]
Vegan roasted vegetables, tofu, and garlic, served with salsa on the side 8
Ham & Brie eggs, black forest ham, and creamy brie 8
Spinach Florentine eggs, basil pesto, and spinach 8.5
RANDOM DELICIOUSNESS
Baked Eggs Parmesan baked fresh brioche roll filled with 2 eggs and parmesan 7.5
Biscuits & Graaaavy house made sausage gravy over a billowy buttermilk biscuit 7.5
(add 1 egg for 1 buck, 2 for 2 bucks)
Brioche French Toast soaked overnight in orange-zested batter, served with syrup 7.5
(add berries or real maple for 2 bucks)
Pancakes feathery and light, served with butter and syrup 5.5
(add berries or real maple for 2 bucks)
lil ones 5 cutie cakes stacked high, served with butter and syrup 3.5
(add berries or real maple for 2 bucks)
Granola served with fruit and choice of milk or soy 6
Oatmeal served with dried blues, walnuts, brown sugah, and milk or soy 5.5
BEVERAGES
Coffee Feat. Vashon Coffee Company 2
Juice OJ, grapefruit, cranberry, apple, tomato, pineapple 3
Milk or Soy Organic 3
No personal checks… 20% gratuity for parties of six or more …Corkage - 15 per bottle
We make every effort to use locally grown organic and sustainable products.
LUNCH
YOU KNOW YOU WANT TO
Clams / Mussels 1 or the other or a combo of both 12
Bruschettas wild mushrooms, or goat cheese, honey and pancetta, or 8.5
caprese - or a combo of all
Onion Dip warm caramelized onion dip served with house made potato chips 7.5
Crab Dip Dungeness crab dip and sliced baguette 10
BURGERS [served with hand cut fries]
Tempeh or Garden vegan 1,000 isle dressing, lettuce, tomato, and onion 8
Crab lemon aioli, lettuce, and tomato 10
Bacon Cheddar* thick bacon, cheddar, mayo, lettuce, tomato, and onion 8.5
Grilled Onion& Swiss* sah-weet onions and nutty swiss cheese 8.5
Bleu Cheese & Crimini* earthy cheese and mushrooms 8.5
The Alex* 1 egg, bacon, ham, onion ring, havarti cheese, lettuce, and tomato 10
DAGWOODS [served with house made chips]
Here Fishy Fishy 6 oz grilled white fish on marinated veggies, and lemon aiol
8 served on a crunchy baguette
Roasted Veg mingling of roasted peppers, onion, zucchini, squash, spinach, 8
and garlic, dotted with goat cheese and served on a crunchy baguette
Club FuSE sliced turkey breast, bacon, leaf lettuce, tomatoes, and mayo 8
on sourdough
West Coast Rep-Re-Zent grilled chicken breast, avocado, spinach, tomato, and lemon 8.5 aioli, served on whole wheat bread
The Committee house roasted corned beef, apple cider spiked sauerkraut, swiss 8.5
cheese, and Russian dressing on caraway rye w
WRAPS [in a warm flour tortilla and served with fruit]
Blackened Salmon 6 oz grilled and blackened seasonal Pacific salmon with cooling 9 cucumber raita and mixed greens
Chicken Havarti grilled chicken, crisp bacon, creamy havarti, mixed greens, 8.5
tomatoes, with herbed aioli
Grilled Portobello roasted garlic, grilled Portobello mushroom, mixed greens, brie,8
with thyme aioli
SALADS
Caesar oh you know- add chicken, salmon, tofu, shrimp for 4 bucks 9
Spinach pears, warm caramelized onions, goat cheese, hazelnuts
with balsamic Dijon vinaigrette on the side 8
Steak* 6 oz flat iron steak, wild mixed greens, red onions, crumbles of 11
bleu cheese with balsamic Dijon vinaigrette on the side
ZeGarden wild mixed greens, tomatoes, cucumbers, and shredded carrots 7
with your choice of dressing
RANDOM DELICIOUSNESS [served with hand cut fries]
Fish Tacos 3
grilled white fish tacos- corn tortilla, cabbage, ubiquitous 9
lime-jalapeno-cilantro and chipotle sauces , and salsa
Fish & Chips hand cut cod and beer battered 10
SOUPS
Rotating Daily Soup cup 3.5 bowl 6
Clam Chowder cup 3.5 bowl 6
BEVERAGES
Soda Pop coke, diet coke, root beer, sprite, dr. pepper or ginger-ale 1.5
Juice apple, orange, tomato, grapefruit, pineapple, cranberry, or lemon-aid 3
Coffee feat. Vashon Coffee Company 2
No personal checks… 20% gratuity for parties of six or more …Corkage - 15 per bottle
We make every effort to use locally grown organic and sustainable products.
-30-
Sorry I got date wrong and missed opening but I understand Ruston Police and Fire Departments showed up in full force ala UNICORN. Whether this was directed by Town Council or I will attempt to find out. But Ruston likes to operate in secret.
Any way have had the pleasure of eating breakfast there twice and love the Garden Variety and roasted veg and ched-pep-jack omelets. Haley and Laurie would welcome you with a smile. Anyone interested in talking Ruston or information for this blog see you there at 9:30 Sundays.
breakfast and lunch:
Friday 7-11 breakfast
lunch 11-3
dinner 6-10
rotating events in the evenings include: trivia, karaoke, comedy, and
1st Fridays
Saturday 8-11 breakfast
lunch 11-2
dinner 6-10
live music every Saturday night - featuring blues/rock n roll/ jazz/ R&B
Sunday 8 -3 breakfast
look for young musicians jam sessions
breakfast and lunch menus
BREAKFAST
EGGS [1 or 2 ($1 more) any style, served with season ed red potatoes and choice of toast]
Additions
6 oz flat iron steak 10
Grilled vegetables 7
3 strips of bacon 6.5
Vegan sausage 7
2 sausage links 6.5
Tomato slices 6.5
Ham 7
CO-MINGLINGS [3 eggs, any combo scrambled with seasoned red potatoes & choice of toast]
The Cure smoked salmon, red onions, tomatoes, havarti cheese 9
Grilled Veg red peppers, onion, zucchini, yellow squash, spinach, and carrots 8
So-Cal chorizo, roasted poblano peppers, sweet onions, and quesa fresca 8.5
The Activist no eggs but all the goodness of tofu, roasted veg, and potatoes 8
Vision of MacGonglinne tender chunks of house roasted corned beef and coarse mustard 9
(2 eggs can be poached, if you insist)
OMELETS [served with seasoned red potatoes and choice of toast]
Hang Town Fry NW oysters, bacon, and cheddar cheese 8.5
I want to go To There Italian sausage, shallots, sweet onions, mushrooms, and parmesan 8
Garden Variety roasted veg and ched-pep-jack 8
Fine! Denver black forest ham, red peppers, sweet onions, and ched-pep-jack 8.5
THE 3 BENEDICTS [served with seasoned red potatoes]
Smoked Salmon cream cheese, smoked Pacific salmon, and hollandaise 9
Traditional Canadian bacon and hollandaise 8.5
Florentine spinach, tomatoes, garlic, and hollandaise 8.5
WRAPPERS [wrapped in a warm flour tortilla, served with potatoes and fresh fruit]
Vegan roasted vegetables, tofu, and garlic, served with salsa on the side 8
Ham & Brie eggs, black forest ham, and creamy brie 8
Spinach Florentine eggs, basil pesto, and spinach 8.5
RANDOM DELICIOUSNESS
Baked Eggs Parmesan baked fresh brioche roll filled with 2 eggs and parmesan 7.5
Biscuits & Graaaavy house made sausage gravy over a billowy buttermilk biscuit 7.5
(add 1 egg for 1 buck, 2 for 2 bucks)
Brioche French Toast soaked overnight in orange-zested batter, served with syrup 7.5
(add berries or real maple for 2 bucks)
Pancakes feathery and light, served with butter and syrup 5.5
(add berries or real maple for 2 bucks)
lil ones 5 cutie cakes stacked high, served with butter and syrup 3.5
(add berries or real maple for 2 bucks)
Granola served with fruit and choice of milk or soy 6
Oatmeal served with dried blues, walnuts, brown sugah, and milk or soy 5.5
BEVERAGES
Coffee Feat. Vashon Coffee Company 2
Juice OJ, grapefruit, cranberry, apple, tomato, pineapple 3
Milk or Soy Organic 3
No personal checks… 20% gratuity for parties of six or more …Corkage - 15 per bottle
We make every effort to use locally grown organic and sustainable products.
LUNCH
YOU KNOW YOU WANT TO
Clams / Mussels 1 or the other or a combo of both 12
Bruschettas wild mushrooms, or goat cheese, honey and pancetta, or 8.5
caprese - or a combo of all
Onion Dip warm caramelized onion dip served with house made potato chips 7.5
Crab Dip Dungeness crab dip and sliced baguette 10
BURGERS [served with hand cut fries]
Tempeh or Garden vegan 1,000 isle dressing, lettuce, tomato, and onion 8
Crab lemon aioli, lettuce, and tomato 10
Bacon Cheddar* thick bacon, cheddar, mayo, lettuce, tomato, and onion 8.5
Grilled Onion& Swiss* sah-weet onions and nutty swiss cheese 8.5
Bleu Cheese & Crimini* earthy cheese and mushrooms 8.5
The Alex* 1 egg, bacon, ham, onion ring, havarti cheese, lettuce, and tomato 10
DAGWOODS [served with house made chips]
Here Fishy Fishy 6 oz grilled white fish on marinated veggies, and lemon aiol
8 served on a crunchy baguette
Roasted Veg mingling of roasted peppers, onion, zucchini, squash, spinach, 8
and garlic, dotted with goat cheese and served on a crunchy baguette
Club FuSE sliced turkey breast, bacon, leaf lettuce, tomatoes, and mayo 8
on sourdough
West Coast Rep-Re-Zent grilled chicken breast, avocado, spinach, tomato, and lemon 8.5 aioli, served on whole wheat bread
The Committee house roasted corned beef, apple cider spiked sauerkraut, swiss 8.5
cheese, and Russian dressing on caraway rye w
WRAPS [in a warm flour tortilla and served with fruit]
Blackened Salmon 6 oz grilled and blackened seasonal Pacific salmon with cooling 9 cucumber raita and mixed greens
Chicken Havarti grilled chicken, crisp bacon, creamy havarti, mixed greens, 8.5
tomatoes, with herbed aioli
Grilled Portobello roasted garlic, grilled Portobello mushroom, mixed greens, brie,8
with thyme aioli
SALADS
Caesar oh you know- add chicken, salmon, tofu, shrimp for 4 bucks 9
Spinach pears, warm caramelized onions, goat cheese, hazelnuts
with balsamic Dijon vinaigrette on the side 8
Steak* 6 oz flat iron steak, wild mixed greens, red onions, crumbles of 11
bleu cheese with balsamic Dijon vinaigrette on the side
ZeGarden wild mixed greens, tomatoes, cucumbers, and shredded carrots 7
with your choice of dressing
RANDOM DELICIOUSNESS [served with hand cut fries]
Fish Tacos 3
grilled white fish tacos- corn tortilla, cabbage, ubiquitous 9
lime-jalapeno-cilantro and chipotle sauces , and salsa
Fish & Chips hand cut cod and beer battered 10
SOUPS
Rotating Daily Soup cup 3.5 bowl 6
Clam Chowder cup 3.5 bowl 6
BEVERAGES
Soda Pop coke, diet coke, root beer, sprite, dr. pepper or ginger-ale 1.5
Juice apple, orange, tomato, grapefruit, pineapple, cranberry, or lemon-aid 3
Coffee feat. Vashon Coffee Company 2
No personal checks… 20% gratuity for parties of six or more …Corkage - 15 per bottle
We make every effort to use locally grown organic and sustainable products.
-30-
COUNCIL QUANDARY
Town of Ruston, WA Regular Council meeting Monday, September 20, 2010 7:00 PM
Absent Deborah Kristovich
STAFF REPORTS
Jeremy Kunkel, Police Chief
-Saved 250 dollars with bundling agreement with COMCAST
-Save additional fifty dollars if signed before deadline
-Two tires donated
Jane- Thanks for cutting costs.
Don Torbet, Fire Chief
-Less calls than previous
-Down one firefighter,have three excellent applicants
-Jeff, training coordinator accepted grant not approved
-CPR Training, one instructor
-Cost to put on is Card for $8.50
-Ruston resident no cost
-Training in compliance State of Washington
PUBLIC COMMENTS
Jim- Need to have public comments on Agenda items as was done for over 100 years until 2004
(Note: This is bewildering as Council cannot decide to restore changes made by previous CABAL council eliminating public comments on agenda items. particularly bewildering as same seven or eight people are regular attendees with one or two more who have interest in particular agenda item. One council person (holdover) and Town Attorney are particularly opposed. In all probability there would be no public comment but it is a matter of decorum and respect for the citizens of Ruston which has been sadly lacking since 2004. They could fix it with simple change but choose to keep the Town's taxpayers silent. Same old thing seems to hold the day except old is new in this case.)
Sherri- representing Bucky Turner. Tall house being built at 5311 N. Shirley appears to exceed roof height limit. Why not inspect now instead of after house completed?
BUSINESS
Agenda item #1 - introducing new Town Electrician JOHN PARKER replacing TIM BURTRON Tim has relocated and can no longer support Town of Ruston.
Agenda item #2 - COMCAST Contract- passes 4-0
Agenda item #3 - KRAFT SIMPSON Contract
David cannot hear, sits in back
Agenda item #4 - Ordinance 1317 Pertaining to the Town of Ruston Planning Commission
.Reduces members from six to five
Rob- Odd number better, reduces deadlocks
David- cannot hear, sits in back
Jane- cannot hear, soft voice
Second reading passes 4-0.
Agenda item #5 - Ordinance 1318 Variance from side yard setback 5402 N. Commercial street
Lyle-One change made over line?
Rob- cannot hear, sits in back
Second reading, passes 4-0.
Agenda item #6 - Ordinance 1319 approval and modification of Ruston Landing Group Master Development Plan, regarding an application made by the Commencement Group, LLC. second reading
Rob- Brief overview for council persons absent at last meeting...
Cannot hear Rob or David sitting in rear. Cannot hear Jane, soft voice.
Lyle-
-Wants to see property on Winnifred street returned to Town
-Commencement is returning property to Town
-Real estate amendments
-Done and recognized and can go away now.
Jane- not prepared to vote on this
Rob-
.Acknowledging changes what occurred
.Request maintenance fee
JimH- (sitting back) cannot hear
Bradley- cannot hear
Moved to EXECUTIVE SESSION following COUNCIL TIME
Agenda item #7 - Garbage Rate Discussion
Bruce-
.Increase rate where it truly belongs now not next meeting.
.Needs to go to 75 dollars per month and eliminate recycle credit
Bradley- ...
JimH-
.Raise rate or outsource
.A hefty one time rate increase
(Note: Appear to be floundering. Where is Mary Joyce when we need her.)
Lyle-
.Intermediate rate meeting our needs
.Not funding insurance
.Few residents qualify for age discount.
.Give hardship, hardship standards
Bruce- Do it now or have two hour STUDY SESSION
Lyle-Earlier study session?
Bradley- ...
(Note: Voices got noticeably lower as decision time neared. Unable to make tough decisions. STUDY SESSION? What a joke. Flakes and flim flam. Could not hear where they went with this one? Stay tuned.)
Agenda item #8 - Discussion on GOOGLE sites
Bruce-
.Best thing we have ever done
.Hardin (Lyle)has done excellent job
.Handles Email.
.Away from SPRINT
.Archive our documents
.Create a website on GOOGLE
.Mirror image of our current site
.GOOGLE allows non technical people to input
.Old system can't get changes fast enough
.Communication from website, Council meeting notes
.All things we need to get done now available
.Bottom line each user $50.00 per year
.twenty five (25) gigabytes per user
Lyle-Current site difficult to use
passes 4-0
MAYOR'S TIME
Bruce- Mostly covered my items defer to Jerry Morrissette, Town Engineer
Jerry-
.90 percent of plans on sewer project to Steve Taylor
.Conflicts Geo Tech good thing
.Hoping to get contract out in 2010]
.Finish in 2011 not feasible
.Bids in December construction starts January-March time frame
.Kevin copies of financial notes
.Good news one project substantially complete, one customer online.
.Two pieces of information came in today
.5228 N. 49th street near Baltimore $1,100.00 plus tax on USDA grant
.Larger item cost wise replace pavement
.Trench patch $38,000.00 total cost $135,000.00
.One inch asphalt $142,000
.Soil on 49th street lower grade. Need to re[lace.
.2 inch asphalt, 8 inch rock, 2 inch ballast, extra inch of asphalt best
JimH-
.Your recommendation
.Why wasn't in original USDA bid?
Jerry-
.Did not fit existing USDA criteria for loan.
.Add ons at your request.
JimH-Hope this is an isolated case.
Jerry-Yes, type of solution makes sense.
Lyle-
.Road resurfacing go with complete road repair partial breaks down.
Jerry-OK. Two inch asphalt better than what is there now.
Lyle-Compaction requirements not strict in past.
Jane- authorize mayor draw up resolution for up to $133,000 adding change order per approval of mayor/attorney.
COUNCIL TIME
Bradley-
.Response to public comments on agenda items, not audible
.Will have car show next year
Jane- $900 came back four fold
Lyle-
.Many car show compliments
.Need to make Mayor's life easier.
.Also Town clerk and staff.
8:45 EXECUTIVE SESSION 15 minutes reconvene 9;00 PM
RECONVENE 9:00 PM
Ordinance 1319 Commencement application passes 4-0.
ADJOURN 9:01PM
-30-
Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Deborah Kristovich, Lyle Hardin, Jane Hunt
Attorney, David Britton
Planner, Rob White
Clerk/Treasurer, Myriah Mesa
Fire Chief, Don Torbet
Police Chief, Jeremy Kunkel
Electrician, John Parker
Electrical Engineer, Mo Fesharaki
Engineer, Jerry Morrissette
Absent Deborah Kristovich
STAFF REPORTS
Jeremy Kunkel, Police Chief
-Saved 250 dollars with bundling agreement with COMCAST
-Save additional fifty dollars if signed before deadline
-Two tires donated
Jane- Thanks for cutting costs.
Don Torbet, Fire Chief
-Less calls than previous
-Down one firefighter,have three excellent applicants
-Jeff, training coordinator accepted grant not approved
-CPR Training, one instructor
-Cost to put on is Card for $8.50
-Ruston resident no cost
-Training in compliance State of Washington
PUBLIC COMMENTS
Jim- Need to have public comments on Agenda items as was done for over 100 years until 2004
(Note: This is bewildering as Council cannot decide to restore changes made by previous CABAL council eliminating public comments on agenda items. particularly bewildering as same seven or eight people are regular attendees with one or two more who have interest in particular agenda item. One council person (holdover) and Town Attorney are particularly opposed. In all probability there would be no public comment but it is a matter of decorum and respect for the citizens of Ruston which has been sadly lacking since 2004. They could fix it with simple change but choose to keep the Town's taxpayers silent. Same old thing seems to hold the day except old is new in this case.)
Sherri- representing Bucky Turner. Tall house being built at 5311 N. Shirley appears to exceed roof height limit. Why not inspect now instead of after house completed?
BUSINESS
Agenda item #1 - introducing new Town Electrician JOHN PARKER replacing TIM BURTRON Tim has relocated and can no longer support Town of Ruston.
Agenda item #2 - COMCAST Contract- passes 4-0
Agenda item #3 - KRAFT SIMPSON Contract
David cannot hear, sits in back
Agenda item #4 - Ordinance 1317 Pertaining to the Town of Ruston Planning Commission
.Reduces members from six to five
Rob- Odd number better, reduces deadlocks
David- cannot hear, sits in back
Jane- cannot hear, soft voice
Second reading passes 4-0.
Agenda item #5 - Ordinance 1318 Variance from side yard setback 5402 N. Commercial street
Lyle-One change made over line?
Rob- cannot hear, sits in back
Second reading, passes 4-0.
Agenda item #6 - Ordinance 1319 approval and modification of Ruston Landing Group Master Development Plan, regarding an application made by the Commencement Group, LLC. second reading
Rob- Brief overview for council persons absent at last meeting...
Cannot hear Rob or David sitting in rear. Cannot hear Jane, soft voice.
Lyle-
-Wants to see property on Winnifred street returned to Town
-Commencement is returning property to Town
-Real estate amendments
-Done and recognized and can go away now.
Jane- not prepared to vote on this
Rob-
.Acknowledging changes what occurred
.Request maintenance fee
JimH- (sitting back) cannot hear
Bradley- cannot hear
Moved to EXECUTIVE SESSION following COUNCIL TIME
Agenda item #7 - Garbage Rate Discussion
Bruce-
.Increase rate where it truly belongs now not next meeting.
.Needs to go to 75 dollars per month and eliminate recycle credit
Bradley- ...
JimH-
.Raise rate or outsource
.A hefty one time rate increase
(Note: Appear to be floundering. Where is Mary Joyce when we need her.)
Lyle-
.Intermediate rate meeting our needs
.Not funding insurance
.Few residents qualify for age discount.
.Give hardship, hardship standards
Bruce- Do it now or have two hour STUDY SESSION
Lyle-Earlier study session?
Bradley- ...
(Note: Voices got noticeably lower as decision time neared. Unable to make tough decisions. STUDY SESSION? What a joke. Flakes and flim flam. Could not hear where they went with this one? Stay tuned.)
Agenda item #8 - Discussion on GOOGLE sites
Bruce-
.Best thing we have ever done
.Hardin (Lyle)has done excellent job
.Handles Email.
.Away from SPRINT
.Archive our documents
.Create a website on GOOGLE
.Mirror image of our current site
.GOOGLE allows non technical people to input
.Old system can't get changes fast enough
.Communication from website, Council meeting notes
.All things we need to get done now available
.Bottom line each user $50.00 per year
.twenty five (25) gigabytes per user
Lyle-Current site difficult to use
passes 4-0
MAYOR'S TIME
Bruce- Mostly covered my items defer to Jerry Morrissette, Town Engineer
Jerry-
.90 percent of plans on sewer project to Steve Taylor
.Conflicts Geo Tech good thing
.Hoping to get contract out in 2010]
.Finish in 2011 not feasible
.Bids in December construction starts January-March time frame
.Kevin copies of financial notes
.Good news one project substantially complete, one customer online.
.Two pieces of information came in today
.5228 N. 49th street near Baltimore $1,100.00 plus tax on USDA grant
.Larger item cost wise replace pavement
.Trench patch $38,000.00 total cost $135,000.00
.One inch asphalt $142,000
.Soil on 49th street lower grade. Need to re[lace.
.2 inch asphalt, 8 inch rock, 2 inch ballast, extra inch of asphalt best
JimH-
.Your recommendation
.Why wasn't in original USDA bid?
Jerry-
.Did not fit existing USDA criteria for loan.
.Add ons at your request.
JimH-Hope this is an isolated case.
Jerry-Yes, type of solution makes sense.
Lyle-
.Road resurfacing go with complete road repair partial breaks down.
Jerry-OK. Two inch asphalt better than what is there now.
Lyle-Compaction requirements not strict in past.
Jane- authorize mayor draw up resolution for up to $133,000 adding change order per approval of mayor/attorney.
COUNCIL TIME
Bradley-
.Response to public comments on agenda items, not audible
.Will have car show next year
Jane- $900 came back four fold
Lyle-
.Many car show compliments
.Need to make Mayor's life easier.
.Also Town clerk and staff.
8:45 EXECUTIVE SESSION 15 minutes reconvene 9;00 PM
RECONVENE 9:00 PM
Ordinance 1319 Commencement application passes 4-0.
ADJOURN 9:01PM
-30-
Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Deborah Kristovich, Lyle Hardin, Jane Hunt
Attorney, David Britton
Planner, Rob White
Clerk/Treasurer, Myriah Mesa
Fire Chief, Don Torbet
Police Chief, Jeremy Kunkel
Electrician, John Parker
Electrical Engineer, Mo Fesharaki
Engineer, Jerry Morrissette
Monday, September 20, 2010
COUNCIL CONFUSION
Town of Ruston, WA regular council meeting Tuesday September 7th, 2010:
Jim Hedrick sworn in as Mayor PRO TEM. Absent: Bruce Hopkins,Bradley Huson and Jane Hunt.
PUBLIC COMMENTS
Jim W-suggested restoring public comments on agenda items. Pointed out public comments on agenda items were utilized for over one hundred years and were eliminated by the Council elected in 2004 referred to as the CABAL.
(David interjected here inexplicably "comments heard already".)
Fails to answer why it was acceptable, public comments on agenda items, for over 100 years and not during last two councils.
Dan W-Will have to do serious remodel if Ord 1318 not approved. House was built to close to setback.
Brian-New house is done. Final specs approved all bills paid. Concerns, filled two bathtubs with water to test sewer and it was plugged flooding my new house. Paid $1,600 in fees to Town and officials. Money wasted frustrating. Contractor had it plugged even after all fees paid.
(More on this later on under Mayor's Time.)
Sherri- Compliment Bradley on car show.
Kevin- Still working on sound system. MIC not working. (Could only hear Myriah changes each meeting).
Beth T-Thanks Sherri, Bradley hopes Cadillac show returns next year.
Business community could help with tunnel detours on behalf of Ruston. Current detour bypasses Ruston funnels traffic into Tacoma. Tunnel closure killing business. If continues through winter will cause serious problems.
BUSINESS
Ordinance 1317 - Ruston Planning Commission
Reduce members from six to five to eliminate deadlocks. First reading.
Ordinance 1318 - Variance from side yard setback standards 5402 N Commercial street
To decrease the required side yard setback from 7'6" to 6'8". No significant fiscal impacts are anticipated.
Recommendation: Staff (Planning Commission) recommends the Town Council approve the attached Ordinance as presented. First reading.
Ordinance 1319 - Relating to the approval and modification of the Ruston Landing Master Development Plan, regarding an application made by the Commencement Group, LLC
Rob- (can't hear, sits in back)
JimH-
. Bennett street reconnection, private driveways.
. No public access
Rob- Yes.
David- Driveway requires variance.
PUBLIC COMMENTS on ORD 1319
Sherri- Something... (couldn't hear)
Jim- After four years of delay need to approve this for benefit to Town.
First reading.
MAYOR'S TIME
ceded to Jerry Morrissette, Town Engineer
Jerry-
. No damages in contract (sewer, tunnel closure)
. Time and material contractor
. Under LID by State Legislature
. Benefiting property must pay
. Unusual type of construction
. Ran into abandoned sewer line in future (City of Tacoma)
Jerry- Fixing Morris sewer connect...
JimH- Better to keep comments private.
COUNCIL TIME-
JimH- (appears agitated)
. Town did not run Commencement into bankruptcy.
. Interior design sold on Craig's List.
. Two homes on Bennett street no public access from street. Big problem.
Lyle-
. Asking to fulfill agreement.
. Car show was OK.
. Thanks Beth Torbet.
ADJOURN 8:06
-30-
My comment: Still hard to hear despite efforts of Town to comply with ADA (Americans with Disabilities Act). Any gaps tapes available at Town Hall five dollars. Next meeting will probably be my last if not fixed. Too frustrating. Want to hear outcome on Ordinances 1318 and 1319.
Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Deborah Kristovich, Lyle Hardin, Jane Hunt
Attorney, David Britton
Planner, Rob White
Clerk/Treasurer, Myriah Mesa
Fire Chief, Don Torbet
Police Chief, Jeremy Kunkel
Electrician, Mo Fesharaki
Engineer, Jerry Morrissette
Jim Hedrick sworn in as Mayor PRO TEM. Absent: Bruce Hopkins,Bradley Huson and Jane Hunt.
PUBLIC COMMENTS
Jim W-suggested restoring public comments on agenda items. Pointed out public comments on agenda items were utilized for over one hundred years and were eliminated by the Council elected in 2004 referred to as the CABAL.
(David interjected here inexplicably "comments heard already".)
Fails to answer why it was acceptable, public comments on agenda items, for over 100 years and not during last two councils.
Dan W-Will have to do serious remodel if Ord 1318 not approved. House was built to close to setback.
Brian-New house is done. Final specs approved all bills paid. Concerns, filled two bathtubs with water to test sewer and it was plugged flooding my new house. Paid $1,600 in fees to Town and officials. Money wasted frustrating. Contractor had it plugged even after all fees paid.
(More on this later on under Mayor's Time.)
Sherri- Compliment Bradley on car show.
Kevin- Still working on sound system. MIC not working. (Could only hear Myriah changes each meeting).
Beth T-Thanks Sherri, Bradley hopes Cadillac show returns next year.
Business community could help with tunnel detours on behalf of Ruston. Current detour bypasses Ruston funnels traffic into Tacoma. Tunnel closure killing business. If continues through winter will cause serious problems.
BUSINESS
Ordinance 1317 - Ruston Planning Commission
Reduce members from six to five to eliminate deadlocks. First reading.
Ordinance 1318 - Variance from side yard setback standards 5402 N Commercial street
To decrease the required side yard setback from 7'6" to 6'8". No significant fiscal impacts are anticipated.
Recommendation: Staff (Planning Commission) recommends the Town Council approve the attached Ordinance as presented. First reading.
Ordinance 1319 - Relating to the approval and modification of the Ruston Landing Master Development Plan, regarding an application made by the Commencement Group, LLC
Rob- (can't hear, sits in back)
JimH-
. Bennett street reconnection, private driveways.
. No public access
Rob- Yes.
David- Driveway requires variance.
PUBLIC COMMENTS on ORD 1319
Sherri- Something... (couldn't hear)
Jim- After four years of delay need to approve this for benefit to Town.
First reading.
MAYOR'S TIME
ceded to Jerry Morrissette, Town Engineer
Jerry-
. No damages in contract (sewer, tunnel closure)
. Time and material contractor
. Under LID by State Legislature
. Benefiting property must pay
. Unusual type of construction
. Ran into abandoned sewer line in future (City of Tacoma)
Jerry- Fixing Morris sewer connect...
JimH- Better to keep comments private.
COUNCIL TIME-
JimH- (appears agitated)
. Town did not run Commencement into bankruptcy.
. Interior design sold on Craig's List.
. Two homes on Bennett street no public access from street. Big problem.
Lyle-
. Asking to fulfill agreement.
. Car show was OK.
. Thanks Beth Torbet.
ADJOURN 8:06
-30-
My comment: Still hard to hear despite efforts of Town to comply with ADA (Americans with Disabilities Act). Any gaps tapes available at Town Hall five dollars. Next meeting will probably be my last if not fixed. Too frustrating. Want to hear outcome on Ordinances 1318 and 1319.
Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Deborah Kristovich, Lyle Hardin, Jane Hunt
Attorney, David Britton
Planner, Rob White
Clerk/Treasurer, Myriah Mesa
Fire Chief, Don Torbet
Police Chief, Jeremy Kunkel
Electrician, Mo Fesharaki
Engineer, Jerry Morrissette
Monday, August 23, 2010
RUSTON WAFFLER
Ruston regular council meeting August 16, 2010 7 pm:
Start with Bradley Huson amendment to the minutes. Cannot hear what is said at the meeting. They have been put on notice they, the Town of Ruston, is in violation of the ADA, Americans with Disabilities Act, but in a month and a half have done nothing except place two speakers out front out of which no sound emits. I also don't see any wheel chair/handicapped access. So one more meeting and I file a formal complaint with the Department of Justice.
STAFF REPORTS
Fire Chief Don Torbet-
. Two calls in July.
. Le Franz engine going to auction.
. Road closures, construction zone safety, information better than in past.
. Working with Tacoma Water, how and when fire hydrants to be used in training.
. List of articles to be replaced to meet standards.
Police Chief Jeremy Kunkel-
. Two block parties, thankful for turnout.
. Officers very active lately, sometimes tied up in reports, trips to jail.
. Helpful if citizens use non emergency number unless 911 emergency.
. Suspending self for one day, accident. Set example for all officers.
. Officer assaulted OK recuperating, arrests made.
PUBLIC COMMENTS
Jim- Concerned about handling of Casino harrassment. Seems to be a rush by the Town to close Point Defiance Cafe and Casino. Casino license was approved by Town Council and Casino made significant investment to open as Town's largest taxpayer.
Sherri-
. Article in TNT paper was positive for Town.
. Glad to see N 49th street extension.
. I am in difficult position. Received bill for unexpected costs $625 dollars. No mention of fees per hour. Wondering why fees not covered in connection fee?
AGENDA ITEM #1 - Community center rental rates
A lot of jibber jabber about alcohol, non profit, deposits, costs, allowed to make profit, minimum per hour, cleaning deposit. Obviously not prepared. Spent 28 minutes deciding nothing time better spent in a study session out of sight. Very hard to hear.
Note: Public is shut out of commenting and could save them from themselves and mistakes:
1. No mention of restrooms not available in Mary Joyce Community Center?
2. No mention of security or sweeps after events to prevent people taking advantage and hiding in building.
3. All of these Mayor/Council persons are relativly new to Ruston but they obstinately refuse to allow public input on agenda items. This is a continuation of the CABAL council whose interest didn't always coincide with the interests of the Town of Ruston.
4. Time to change this and listen to the citizens who take time and expense to fill their civic duty and attend meetings.
AGENDA ITEM #2 - North 49th Street Sewer Extension
Jerry Morrissette-
. Bring equipment back to site starting Wednesday extension to 3 homes.
. $93,368 changes, soil issues.
. $20,239 plus $2,000 allocated for 2 homes to west.
. Full amount $95,000 to pick up 4 homes.
. Original estimate $99,000.
. Recommendations , some not included.
. Option E is for full program.
. Option D need tonite $99,237.
. Sewer needs to go in at some time.
* Council, Jerry (now on stage), Mayor all looking at charts. Break up into three separate groups having discussions.
Note: Cannot hear a word they say.
Jerry continues at microphone:
. Three options.
1. Sign as now written.
2. Add two houses to West.
3. Do all houses within scope.
. Change order onto existing contract done by Jerry.
. Contractor indication we are going ahead with full project.
Jane- Motion to approve extension contract up to $95 thousand dollars with change order per Town Attorney approval. Second.
Passes 5-0.
Note: Seated next to Jerry at microphone so can hear him better. Speakers provided are silent. Request to have Council person speak directly into and move microphones closer is ignored.
MAYOR'S TIME
Bruce-
. Laughing at something (cannot hear).
. Reminder of CAR SHOW on 29th.
. Town Hall pressure washed for painting on 22nd.
. Thanks Hardins, Torbets and Browns for assistance.
COUNCIL TIME-
Bradley-
. Need 30 gallons of paint $150 plus 2 5-gallon buckets $300
. Need to notify residents on Winnifred street to move their cars 7:30am to 4 pm for CAR SHOW.
Jim-
. August 18th deadline to input on Resolution 477 Ordinance 1316 Ruston special election Ballot Issue Number One.
. Give to me and I will forward to David.
. I will notify Steve Fabre, owner, Point Defiance Cafe and Casino.
Lyle-
. Google Apps resolution order to website.
. Significant difference to costs, website.
8:25 EXECUTIVE SESSION reconvene 8:45.
Start with Bradley Huson amendment to the minutes. Cannot hear what is said at the meeting. They have been put on notice they, the Town of Ruston, is in violation of the ADA, Americans with Disabilities Act, but in a month and a half have done nothing except place two speakers out front out of which no sound emits. I also don't see any wheel chair/handicapped access. So one more meeting and I file a formal complaint with the Department of Justice.
STAFF REPORTS
Fire Chief Don Torbet-
. Two calls in July.
. Le Franz engine going to auction.
. Road closures, construction zone safety, information better than in past.
. Working with Tacoma Water, how and when fire hydrants to be used in training.
. List of articles to be replaced to meet standards.
Police Chief Jeremy Kunkel-
. Two block parties, thankful for turnout.
. Officers very active lately, sometimes tied up in reports, trips to jail.
. Helpful if citizens use non emergency number unless 911 emergency.
. Suspending self for one day, accident. Set example for all officers.
. Officer assaulted OK recuperating, arrests made.
PUBLIC COMMENTS
Jim- Concerned about handling of Casino harrassment. Seems to be a rush by the Town to close Point Defiance Cafe and Casino. Casino license was approved by Town Council and Casino made significant investment to open as Town's largest taxpayer.
Sherri-
. Article in TNT paper was positive for Town.
. Glad to see N 49th street extension.
. I am in difficult position. Received bill for unexpected costs $625 dollars. No mention of fees per hour. Wondering why fees not covered in connection fee?
AGENDA ITEM #1 - Community center rental rates
A lot of jibber jabber about alcohol, non profit, deposits, costs, allowed to make profit, minimum per hour, cleaning deposit. Obviously not prepared. Spent 28 minutes deciding nothing time better spent in a study session out of sight. Very hard to hear.
Note: Public is shut out of commenting and could save them from themselves and mistakes:
1. No mention of restrooms not available in Mary Joyce Community Center?
2. No mention of security or sweeps after events to prevent people taking advantage and hiding in building.
3. All of these Mayor/Council persons are relativly new to Ruston but they obstinately refuse to allow public input on agenda items. This is a continuation of the CABAL council whose interest didn't always coincide with the interests of the Town of Ruston.
4. Time to change this and listen to the citizens who take time and expense to fill their civic duty and attend meetings.
AGENDA ITEM #2 - North 49th Street Sewer Extension
Jerry Morrissette-
. Bring equipment back to site starting Wednesday extension to 3 homes.
. $93,368 changes, soil issues.
. $20,239 plus $2,000 allocated for 2 homes to west.
. Full amount $95,000 to pick up 4 homes.
. Original estimate $99,000.
. Recommendations , some not included.
. Option E is for full program.
. Option D need tonite $99,237.
. Sewer needs to go in at some time.
* Council, Jerry (now on stage), Mayor all looking at charts. Break up into three separate groups having discussions.
Note: Cannot hear a word they say.
Jerry continues at microphone:
. Three options.
1. Sign as now written.
2. Add two houses to West.
3. Do all houses within scope.
. Change order onto existing contract done by Jerry.
. Contractor indication we are going ahead with full project.
Jane- Motion to approve extension contract up to $95 thousand dollars with change order per Town Attorney approval. Second.
Passes 5-0.
Note: Seated next to Jerry at microphone so can hear him better. Speakers provided are silent. Request to have Council person speak directly into and move microphones closer is ignored.
MAYOR'S TIME
Bruce-
. Laughing at something (cannot hear).
. Reminder of CAR SHOW on 29th.
. Town Hall pressure washed for painting on 22nd.
. Thanks Hardins, Torbets and Browns for assistance.
COUNCIL TIME-
Bradley-
. Need 30 gallons of paint $150 plus 2 5-gallon buckets $300
. Need to notify residents on Winnifred street to move their cars 7:30am to 4 pm for CAR SHOW.
Jim-
. August 18th deadline to input on Resolution 477 Ordinance 1316 Ruston special election Ballot Issue Number One.
. Give to me and I will forward to David.
. I will notify Steve Fabre, owner, Point Defiance Cafe and Casino.
Lyle-
. Google Apps resolution order to website.
. Significant difference to costs, website.
8:25 EXECUTIVE SESSION reconvene 8:45.
Tuesday, August 3, 2010
CERTAINTY IN RUSTON
Ruston, WA regular council meeting Monday August 2, 2010 7 pm:
PUBLIC COMMENTS-
Jim- Time to reinstate Casino banked card games and $30 thousand dollars per year to Town of Ruston in taxes. Time to restore 35-40 jobs lost due to illegal actions by the Town. Point Defiance Cafe and Casino is on Pearl street a major thoroughfare with traffic in and out not affecting residents. Time to do what is right.
Note: Unable to comment on Ordinance 1316 but have plenty for next council meeting.
Beth- Cole building is a fire hazard. What is status?
Edith- Big gravel truck (sewer project) went down Winnifred street with one wheel driving on center median. Needs to stop.
Agenda item #1- Jerry Morrissette - Budget amendment for the Sanitary Sewer Replacement Project
Jerry- Request authority to hire Geo Tech. Need to identify soil issues with sewer project in contract plus policy to protect Town.
In original budget always intended to be. If you approve this will have paperwork by next meeting to revise budget. We will monitor contractor and invoices coming in.
Provided budget $12,945
Traffic control $ 1,000
Ten percent for overrun
Total $15,350 additional GEO TECH services.
Agenda item #2- Ordinance 1316 Amending Ch. 502 of the RMC to prohibit Social Card Games within the Town of Ruston... (second reading)
Jim-
. I am prime sponsor of this to bring certainty to Town and to the Casino.
. Public testimony tonight, public process this time (Note: There was no public testimony.)
.Have taken public testimony twice.
.Voters decide, let the chips fall where they may.
. Tax was not proper route moratorium is proper.
. We are not eliminating any activity going on at current time.
. Not losing any revenue.
. Close business in heart of business district. Don't need any vacant business spaces.
. I am voting for this tonight.
Note: Specious argument "Not losing any revenue." At $30 thousand dollars per year lost in taxes after illegal tax increase passed forcing gambling business to close down Town is losing $30 thousand dollars per year in gambling taxes or $60 thousand dollars over last two years. This loss does not include huge legal fees or settling any claims against the town or class-action lawsuits for damages.
David-
. As currently drafted Section one goes away with previous section.
. Need to move to strike Section one and pass as amended.
Lyle- Leave when amended after election in in November.
David- Need to take tax increase off of books.
Bradley-
. Voting for it.
. Progress on raising gambling tax on agenda February through April.
. Testimony taken from Casino and Town.
Note: Not exactly. Testimony at trial showed only one nine minute monologue involving only one former council person during a study session no public comment allowed. One of Judges closing points was that there was no public input at all and none by the Point Defiance and Casino. Only reference to a letter to the council and E-mails.
Jim- strike section one and renumber all remaining sections.
Ord. 1316 passes as amended 5-0.
Agenda item #3- Resolution 477 - Requesting that the Pierce County Auditor call a special election for the Town of Ruston, to be held on November 2, 2010, and place Town of Ruston referendum measure No. 1 on the Special election ballot
David- Volunteers, statement. Tonight is deadline to get this done.
Lyle- Cost to Town for special election? Vote required a simple majority.
passes 5-0.
Agenda item #4- Resolution 478 approve Jerry Morrissette budget request for $15,350 for additional Geo Tech services (added to agenda)
Jim- Spending money requires budget approval.
Jerry- Contracting directly with Geo Tech we oversee. Engineering budget previously provided for.
passes 5-0.
Note: Ironic but $15 thousand dollar request was half of annual gambling tax previously paid by Point Defiance Cafe and Casino.
MAYOR AND COUNCIL TIME-
Note: waste of time? Can only hear some of the speakers some of the time. Public comments at microphone come in loud and clear. Hopkins some of the time. Hedrick and Hardin are clear. Hunt and Huson speak low and softly difficult to hear at times. Britton too far back cannot hear. Don't take anything literally but did the best I could.
Town provided speaker which made sound better but still not up to normal hearing as required by ADA.
ADJOURN 8:08.
-30-
Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Deborah Kristovich, Lyle Hardin, Jane Hunt
Attorney, David Britton
Planner, Rob White
Clerk/Treasurer, Myriah Mesa
Fire Chief, Don Torbet
Police Chief, Jeremy Kunkel
Electrician, Mo Fesharaki
Engineer, Jerry Morrissette
PUBLIC COMMENTS-
Jim- Time to reinstate Casino banked card games and $30 thousand dollars per year to Town of Ruston in taxes. Time to restore 35-40 jobs lost due to illegal actions by the Town. Point Defiance Cafe and Casino is on Pearl street a major thoroughfare with traffic in and out not affecting residents. Time to do what is right.
Note: Unable to comment on Ordinance 1316 but have plenty for next council meeting.
Beth- Cole building is a fire hazard. What is status?
Edith- Big gravel truck (sewer project) went down Winnifred street with one wheel driving on center median. Needs to stop.
Agenda item #1- Jerry Morrissette - Budget amendment for the Sanitary Sewer Replacement Project
Jerry- Request authority to hire Geo Tech. Need to identify soil issues with sewer project in contract plus policy to protect Town.
In original budget always intended to be. If you approve this will have paperwork by next meeting to revise budget. We will monitor contractor and invoices coming in.
Provided budget $12,945
Traffic control $ 1,000
Ten percent for overrun
Total $15,350 additional GEO TECH services.
Agenda item #2- Ordinance 1316 Amending Ch. 502 of the RMC to prohibit Social Card Games within the Town of Ruston... (second reading)
Jim-
. I am prime sponsor of this to bring certainty to Town and to the Casino.
. Public testimony tonight, public process this time (Note: There was no public testimony.)
.Have taken public testimony twice.
.Voters decide, let the chips fall where they may.
. Tax was not proper route moratorium is proper.
. We are not eliminating any activity going on at current time.
. Not losing any revenue.
. Close business in heart of business district. Don't need any vacant business spaces.
. I am voting for this tonight.
Note: Specious argument "Not losing any revenue." At $30 thousand dollars per year lost in taxes after illegal tax increase passed forcing gambling business to close down Town is losing $30 thousand dollars per year in gambling taxes or $60 thousand dollars over last two years. This loss does not include huge legal fees or settling any claims against the town or class-action lawsuits for damages.
David-
. As currently drafted Section one goes away with previous section.
. Need to move to strike Section one and pass as amended.
Lyle- Leave when amended after election in in November.
David- Need to take tax increase off of books.
Bradley-
. Voting for it.
. Progress on raising gambling tax on agenda February through April.
. Testimony taken from Casino and Town.
Note: Not exactly. Testimony at trial showed only one nine minute monologue involving only one former council person during a study session no public comment allowed. One of Judges closing points was that there was no public input at all and none by the Point Defiance and Casino. Only reference to a letter to the council and E-mails.
Jim- strike section one and renumber all remaining sections.
Ord. 1316 passes as amended 5-0.
Agenda item #3- Resolution 477 - Requesting that the Pierce County Auditor call a special election for the Town of Ruston, to be held on November 2, 2010, and place Town of Ruston referendum measure No. 1 on the Special election ballot
David- Volunteers, statement. Tonight is deadline to get this done.
Lyle- Cost to Town for special election? Vote required a simple majority.
passes 5-0.
Agenda item #4- Resolution 478 approve Jerry Morrissette budget request for $15,350 for additional Geo Tech services (added to agenda)
Jim- Spending money requires budget approval.
Jerry- Contracting directly with Geo Tech we oversee. Engineering budget previously provided for.
passes 5-0.
Note: Ironic but $15 thousand dollar request was half of annual gambling tax previously paid by Point Defiance Cafe and Casino.
MAYOR AND COUNCIL TIME-
Note: waste of time? Can only hear some of the speakers some of the time. Public comments at microphone come in loud and clear. Hopkins some of the time. Hedrick and Hardin are clear. Hunt and Huson speak low and softly difficult to hear at times. Britton too far back cannot hear. Don't take anything literally but did the best I could.
Town provided speaker which made sound better but still not up to normal hearing as required by ADA.
ADJOURN 8:08.
-30-
Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Deborah Kristovich, Lyle Hardin, Jane Hunt
Attorney, David Britton
Planner, Rob White
Clerk/Treasurer, Myriah Mesa
Fire Chief, Don Torbet
Police Chief, Jeremy Kunkel
Electrician, Mo Fesharaki
Engineer, Jerry Morrissette
Tuesday, July 20, 2010
TACKY WINS - DEJA VU
Ruston regular council meeting Monday July 19, 2010 7 pm:
Here we go again Town of Ruston v Point Defiance Cafe and Casino round two or is it three. A comment on this blog alluded to a lawsuit and claim for damages from lawsuit number one.
Amazing how easy it is to file lawsuits using the Town's money. Refer to previous post TACK OR TACKY TIME for details on damages and following posts on the original lawsuit. Only benefit I can see is the town attorney gets richer and the Town and Casino get poorer.
Anyway in their new school house digs it is almost impossible to hear what they are saying for persons with hearing disabilities. So reporting on this council meeting will be limited. CDs of the meetings run $5 to $10 dollars plus two trips to the Town Hall.
1. Ordinance 1316 - Amending Ch. 5.02 of the RMC to prohibit House-Banked Social Card Games within the Town of Ruston, subject to and contingent upon passage of a referendum to the voters of the Town (first reading)
Hearing on this is spotty some voices I can hear snippets others nothing even sitting in the front row center.
Hedrick- Need study session public comment.
Hardin- Why Town?
Hunt- Strike second paragraph "Whereas...". Passes 5-0.
Hardin- Permanent ban or moratorium.
Hedrick- No flip flop to voters.
PUBLIC COMMENTS
Jim Wingard - Targeted ordinance aimed at Point Defiance Cafe and Casino. Another lawsuit looming. Retaliation for claim filed against Town of Ruston? First lawsuit was harmful attempt to bankrupt Town of Ruston and Point Defiance Cafe and Casino. Only winner was Town attorney.
Fred Byzinger- What brought this to light at this time.
Comments are short and incomplete as unable to hear goings on and voices. Am attaching copy of agenda and Ordinance 1316.
Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Deborah Kristovich, Lyle Hardin, Jane Hunt
Attorney, David Britton
Planner, Rob White
Clerk/Treasurer, Myriah Mesa
Fire Chief, Don Torbet
Police Chief, Jeremy Kunkel
Electrician, Mo Fesharaki
Engineer, Jerry Morissette
-30-
Here we go again Town of Ruston v Point Defiance Cafe and Casino round two or is it three. A comment on this blog alluded to a lawsuit and claim for damages from lawsuit number one.
Amazing how easy it is to file lawsuits using the Town's money. Refer to previous post TACK OR TACKY TIME for details on damages and following posts on the original lawsuit. Only benefit I can see is the town attorney gets richer and the Town and Casino get poorer.
Anyway in their new school house digs it is almost impossible to hear what they are saying for persons with hearing disabilities. So reporting on this council meeting will be limited. CDs of the meetings run $5 to $10 dollars plus two trips to the Town Hall.
1. Ordinance 1316 - Amending Ch. 5.02 of the RMC to prohibit House-Banked Social Card Games within the Town of Ruston, subject to and contingent upon passage of a referendum to the voters of the Town (first reading)
Hearing on this is spotty some voices I can hear snippets others nothing even sitting in the front row center.
Hedrick- Need study session public comment.
Hardin- Why Town?
Hunt- Strike second paragraph "Whereas...". Passes 5-0.
Hardin- Permanent ban or moratorium.
Hedrick- No flip flop to voters.
PUBLIC COMMENTS
Jim Wingard - Targeted ordinance aimed at Point Defiance Cafe and Casino. Another lawsuit looming. Retaliation for claim filed against Town of Ruston? First lawsuit was harmful attempt to bankrupt Town of Ruston and Point Defiance Cafe and Casino. Only winner was Town attorney.
Fred Byzinger- What brought this to light at this time.
Comments are short and incomplete as unable to hear goings on and voices. Am attaching copy of agenda and Ordinance 1316.
Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Deborah Kristovich, Lyle Hardin, Jane Hunt
Attorney, David Britton
Planner, Rob White
Clerk/Treasurer, Myriah Mesa
Fire Chief, Don Torbet
Police Chief, Jeremy Kunkel
Electrician, Mo Fesharaki
Engineer, Jerry Morissette
-30-
Thursday, June 3, 2010
TACK OR TACKY TIME
in Ruston. It will be interesting to see which way the Ruston Town Council tacks on June 7 Monday regular council meeting. In the judge's decision just released the Town attorney and the council were unable to determine what a majority of the council is under their own rules and procedures.
Jim Hedrick did vote no seeking more time for discussion and public comment but they could not be saved from themselves.
Doesn't leave much room for interpretation. Either they were oblivious to the facts or this was a deliberate action? They do not know what they are doing or this was a malicious act? If it was a mistake would they spend two years in court defending it? Spend $100 thousand dollars trying to justify a mistake? You tell me.
Mr. Fabre's card room booking and most of his income lost. forty five people lost their jobs and possibly their homes. The Town of Ruston lost $32 thousand dollars annually in gambling taxes. Make sense yet?
Something tells me the ramifications of this are just beginning.
Bankrupt the Point Defiance Cafe and Casino while simultaneously bankrupting the Town of Ruston. Two for one with Ruston footing all the bills. What was their reasoning? I will try to find out.
They may appeal but it will have to be done during Regular Council meeting and not Executive session.
Judge Frank Cuthbertson's decision here. You may need to click twice to see document image.
-30-
Jim Hedrick did vote no seeking more time for discussion and public comment but they could not be saved from themselves.
Doesn't leave much room for interpretation. Either they were oblivious to the facts or this was a deliberate action? They do not know what they are doing or this was a malicious act? If it was a mistake would they spend two years in court defending it? Spend $100 thousand dollars trying to justify a mistake? You tell me.
Mr. Fabre's card room booking and most of his income lost. forty five people lost their jobs and possibly their homes. The Town of Ruston lost $32 thousand dollars annually in gambling taxes. Make sense yet?
Something tells me the ramifications of this are just beginning.
Bankrupt the Point Defiance Cafe and Casino while simultaneously bankrupting the Town of Ruston. Two for one with Ruston footing all the bills. What was their reasoning? I will try to find out.
They may appeal but it will have to be done during Regular Council meeting and not Executive session.
Judge Frank Cuthbertson's decision here. You may need to click twice to see document image.
-30-
Wednesday, June 2, 2010
CASINO TAX HIKE TOSSED
South Sound The News Tribune page A3 byline Jordan Schrader Wednesday June 2, 2010
click here: CASINO TAX HIKE TOSSED
More to follow. Looks like the Ruston "bedroom community" clique got exactly what they wanted with the Town of Ruston footing the bill.
click here: CASINO TAX HIKE TOSSED
More to follow. Looks like the Ruston "bedroom community" clique got exactly what they wanted with the Town of Ruston footing the bill.
Tuesday, June 1, 2010
VOID
In Fabre v Ruston Pierce County Superior Court VOIDED the Ruston Gambling tax increase. No word yet on awarding court costs. Details later.
Point Defiance Cafe and Casino and its employees have been wronged and apparently the Town of Ruston could be in line for further lawsuits before this ends. Maybe years of lawsuits. All this over a sign????
VOID. What a catastrophic outcome for the Town of Ruston which will pay for the willfulness of a small group who wanted their own way: Rule or ruin.
This has a lot further to go!!! Stay tuned.
-30-
Point Defiance Cafe and Casino and its employees have been wronged and apparently the Town of Ruston could be in line for further lawsuits before this ends. Maybe years of lawsuits. All this over a sign????
VOID. What a catastrophic outcome for the Town of Ruston which will pay for the willfulness of a small group who wanted their own way: Rule or ruin.
This has a lot further to go!!! Stay tuned.
-30-
Tuesday, May 25, 2010
RUSTON/FEDERAL WAY - DIFFERENT APPROACH
WORD ON THE STREET - TNT
What a novel idea cut taxes to keep gambling business open and revenue flowing and 85 people employed.
In contrast the Town of Ruston raised gambling taxes 400 percent to raise money for the general fund. Oh yes, the business closed costing them $32 thousand dollars annually in gambling taxes.
One makes sense? The other, ask your council person. Learn anything here Ruston?
click here:
Federal Way panels advances gambling tax cut Posted By Steve Maynard on May 25, 2010.
Lets see. SEATTLE figures out how to collect $5 dollars for a cup of coffee. TACOMA bans gambling but collects gambling tax revenue for three years. Little old FEDERAL WAY lowers gambling tax allows business to stay open, keep people working.
RUSTON just raise taxes through the roof, close them down, throw people out of work, lose tax revenue and batten down the hatches, big storm brewing.
-30-
What a novel idea cut taxes to keep gambling business open and revenue flowing and 85 people employed.
In contrast the Town of Ruston raised gambling taxes 400 percent to raise money for the general fund. Oh yes, the business closed costing them $32 thousand dollars annually in gambling taxes.
One makes sense? The other, ask your council person. Learn anything here Ruston?
click here:
Federal Way panels advances gambling tax cut Posted By Steve Maynard on May 25, 2010.
Lets see. SEATTLE figures out how to collect $5 dollars for a cup of coffee. TACOMA bans gambling but collects gambling tax revenue for three years. Little old FEDERAL WAY lowers gambling tax allows business to stay open, keep people working.
RUSTON just raise taxes through the roof, close them down, throw people out of work, lose tax revenue and batten down the hatches, big storm brewing.
-30-
Monday, May 24, 2010
CASINO v RUSTON -DAY THREE - CLOSING ARGUMENT - DAVID BRITTON
Wednesday May 19, 2010 12:10 pm courtroom 2A Judge Fred Cuthbertson
Please note:
No written or audio recording available. Transcript only on appeal. I have done my best but hard to keep up so post may not contain all testimony/arguments but I believe I have captured major points of interest.
This takes a lot of time be patient. Judge's decision may come before I can finish testimony. Judge very precise on issues both sides. Each side says they have the law on their side but Judge Cuthbertson makes the final determination.
Attorneys:
Joan Mell for plaintiff Steve Fabre. (m)
David Britton for defendant Town of Ruston. (b)
David Britton CLOSING ARGUMENT
Please the court plaintiff letter of claims others without merit. Will not talk about oligarchies. Will address declaratory judgment not entitled to.
1-Legal equable right.
2-Immediate invasion of privacy.
3-Immediate injury.
Even with favorable tax rate losing money continues to operate.
Validity of Ordinance 1253.
Every imaginable theory retaliation not legal authority RCW 94613 gambling enforcement argues exactly opposite of their argument.
Municipal Ordinance presumed to be effective must have overwhelming argument.
Judge-Plaintiff believe burden of proof is.
b-Ordinance was active retaliation fear. Must prove beyond reasonable doubt is unconstitutional.
New argument referred to is ordinance not provided to me. Difficult to respond to. Ask court to disregard in interest of fairness.
Two WA Supreme Court cases:
1-BROWN
2-AMERICAN LEGION POST v WALLA WALLA.
Court whether mayor Everding passed was ministerial or discretionary. Discretionary not subject to review. Language from BROWN holding lies in to facts.
Petitioner claim to respondent not subject to mandamus whether votes legally counted.
What Ruston mayor does: calls for vote, counts votes. signs passed by council. Mayor signs clerk attests. Under BROWN discretionary function.
Judge-Describe function of mayor?
b-That particular section says signs small towns not updated. Lots of cases RCW does not sat a lot exercise police power under 3527.
Council person Hunt testifies not town attorney.
Judge- mayor not parliamentarian?
b- Town attorney is parliamentarian. Town attorney does little unless requested.
Provision called rules of procedure defined by resolution not same force as ordinance.
WA State legislature both houses have parliamentarian.
BROWN no no authority to intercede or second guess.
Judge- switch to- appropriate to invalidate taxing ordinance appealed to Superior Court and ruled invalid.
b-Applicable to Charter cities. First class cities to pass home rule authority.
Cited Seattle, Vancouver supports the within city organic law of state.
No analogous provided by plan has to follow its resolution.
People of Spokane were denied right of referendum.
Argument that city adopts for other cities Division of Appeals rules does not apply not fourth class cities.
Judge- Several holdings improperly enacted ordinance is void. Question really trying to get at argument extends to separation of powers court is concerned about. Sure I have been able to find or ascertain difference between fourth class city like Ruston or Charter Spokane.
b-spokane charter violated own charter.
city charter is law of the state.
This whole case is based on Spokane Charter limited to legal effect of charter prescriptive effect on city council.
Judge-Difficulty for me council can adopt resolution of Rules of Procedure for elected council. Rules of Procedure apply to law enforcement. Police enforce resolution when citizens speak. Nobody has power and isn't law.
b-Legal authority binding on court. Resolution is statement not policy, chose to adopt policy. Has to be fundamental choice council not bind itself.
Citizen in audience pop up silence person or allow to talk not enforce.
Judge-Review opinion on majority can vote.
b-Says two is enough. Problem here if court distinguish serious not serious.
Children's bike ride if wanted to enact ordinance could of done that.
Comes back to deference from judicial branch creating right by third party to pick apart ordinance.
Based on BROWN 165 court has abstained from proceedings, separation of powers court restrained whether requisite number of votes. What court is being asked to do is court play parliamentarian.
Tell our backwards little town how to govern itself.
Judge-Cog in law of intrusion into legislative body court has right to protect individual from oppression by 3 or 5 or whatever. When levy passed when does it take effect? Has right to know.
Hunt amended ordinance. Amendment does not appear in ordinance. Do I have to show license?
b-That amendment applies to prospective gambling establishment, not ambiguous even if improperly codified. Required to have Book of Ordinances. Do have that law.
Judge-Question is not book of ordinances, book of warrants,... If ordinance does what required.
b-Supreme court requires that court understands violation of due process.
Pointing out that all gambling tax no legislation enforce to gambling act enforcement.
Walla Walla has low gambling enforcement costs due to general law enforcement. Entire budget came from general fund not line item. No allegations spent on other items than gambling tax enforcement.
Case law on generally quiet. Reinhold did walk throughs quieted crime hourly walk throughs. Walla Walla number of calls 1985-1987 exactly same worse than Unicorn.
Judge-Let me ask you about that.
American Legion case tax was placed in police budget. In this case went to general fund whereas clauses of ordinance to meet annual budget shortfall.
Not reasonable under 946 that town has sufficient revenue to support town operation in police force.
Went into general fund no line item to police. Not specific to gambling but went to police department.
Only one gambling issue. 619 to alcohol. 495 alcohol less to gambling. Do not have those facts here.
Walla Walla had additional training in gambling and vice.
Can be drawing around parking lot nobody on Pearl street playing dice at midnight.
No evidence of that here at all.
David - Mr. Fabre cheating.
Judge-Extra $9 thousand dollars a month. A pretty penny going to gambling to general fund.
Judge-Where is evidence of $5 thousand dollars going to gambling enforcement to gambling act?
Where in any deliberation of council. Where in recitals is that?
b-Adoption by reference is in our ordinance. Ordinance on its face complied with act. Supreme court that position is untenable general police presence.
Tax is placed in police budget is indisputable. Continuous acts of police deter illegal gambling. Goes into general fund no line item.
Goes into general fund not police budget. Comes from general fund all could be said to go to police.
Judge-What else came out of general fund?
b-All activities except sewer harbor. All except required by statute to be separate.
Judge-Ruston have fire department.
b-Yes volunteer. Police very important to Ruston. Makes Ruston Ruston.
Judge-I think that point is established. Hypothetical either on face of ordinance 1435 during any deliberation to suggest that legislative intent was for purposed described in 946 or to suggest things we could tax.
b-We are allowed to use gambling taxes for above and beyond if not required for gambling enforcement. Do have by reference every chapter is in our reference.
Too far afield in answering forgot part of question asked.
Remind court ordinance presumed valid guidance to lower court.
Respectfully disagree entire case decided on Spokane charter if legal force of charter allows court to step in not general enforcement. Charter separate level than resolution to provide procedures.
Judge-One other question referring back to AMERICAN LEGION case defining primarily no statutory we go to dictionary at first instance.
Random House in Webster first instance no part as substantially tax must be first to enforce gambling act. If five percent required that is all they can tax. Any suggestion tax utilized first of all to enforce gambling act?
b-Unenforceable.
Judge-First of all Supreme Court.
b-Presumption of ordinance validity. Nothing have to prove that tax as to be traceable.
Judge-Law enforcement budget is undefined part of general fund.
b-Probably 30 to 40 percent of budget.
REBUTTAL Joan Mell
m-Ruston did not do basic act to enforce gambling act already had enough money.
Judge-Section K Mr. Britton arguing.
m-Relates to pull tabs, punch cards.
Public has right to know.
Desirable limitations not enforceable when authority by 946 RCW have never been destined for gambling enforcement. Never done that.
Only Ruston can enforce separately have to define. Decision made to refer to gambling commission.
Judge-Chief Reese policy?
m-Her policy when Mr. Fabre requested. She has authority to decline unless Ruston specifies.
Judge-Nobody plays dice in alley shoots when playing pull tabs.
m-Unless council says spend it all under BROWN to understand arbitrary and capricious.
1:15 pm Judge-
Obviously important and difficult case. After lunch go over exhibits render decision quickly.
Comment: This is a tedious undertaking. Hard to keep up with counsels speaking, not slowing down as judge recommend so blog may have gaps. Make out of it what you can. So far ahead of Judge's decision.
Judge's comments are notable.
Comment: No decision as of yet.
-30-
Please note:
No written or audio recording available. Transcript only on appeal. I have done my best but hard to keep up so post may not contain all testimony/arguments but I believe I have captured major points of interest.
This takes a lot of time be patient. Judge's decision may come before I can finish testimony. Judge very precise on issues both sides. Each side says they have the law on their side but Judge Cuthbertson makes the final determination.
Attorneys:
Joan Mell for plaintiff Steve Fabre. (m)
David Britton for defendant Town of Ruston. (b)
David Britton CLOSING ARGUMENT
Please the court plaintiff letter of claims others without merit. Will not talk about oligarchies. Will address declaratory judgment not entitled to.
1-Legal equable right.
2-Immediate invasion of privacy.
3-Immediate injury.
Even with favorable tax rate losing money continues to operate.
Validity of Ordinance 1253.
Every imaginable theory retaliation not legal authority RCW 94613 gambling enforcement argues exactly opposite of their argument.
Municipal Ordinance presumed to be effective must have overwhelming argument.
Judge-Plaintiff believe burden of proof is.
b-Ordinance was active retaliation fear. Must prove beyond reasonable doubt is unconstitutional.
New argument referred to is ordinance not provided to me. Difficult to respond to. Ask court to disregard in interest of fairness.
Two WA Supreme Court cases:
1-BROWN
2-AMERICAN LEGION POST v WALLA WALLA.
Court whether mayor Everding passed was ministerial or discretionary. Discretionary not subject to review. Language from BROWN holding lies in to facts.
Petitioner claim to respondent not subject to mandamus whether votes legally counted.
What Ruston mayor does: calls for vote, counts votes. signs passed by council. Mayor signs clerk attests. Under BROWN discretionary function.
Judge-Describe function of mayor?
b-That particular section says signs small towns not updated. Lots of cases RCW does not sat a lot exercise police power under 3527.
Council person Hunt testifies not town attorney.
Judge- mayor not parliamentarian?
b- Town attorney is parliamentarian. Town attorney does little unless requested.
Provision called rules of procedure defined by resolution not same force as ordinance.
WA State legislature both houses have parliamentarian.
BROWN no no authority to intercede or second guess.
Judge- switch to- appropriate to invalidate taxing ordinance appealed to Superior Court and ruled invalid.
b-Applicable to Charter cities. First class cities to pass home rule authority.
Cited Seattle, Vancouver supports the within city organic law of state.
No analogous provided by plan has to follow its resolution.
People of Spokane were denied right of referendum.
Argument that city adopts for other cities Division of Appeals rules does not apply not fourth class cities.
Judge- Several holdings improperly enacted ordinance is void. Question really trying to get at argument extends to separation of powers court is concerned about. Sure I have been able to find or ascertain difference between fourth class city like Ruston or Charter Spokane.
b-spokane charter violated own charter.
city charter is law of the state.
This whole case is based on Spokane Charter limited to legal effect of charter prescriptive effect on city council.
Judge-Difficulty for me council can adopt resolution of Rules of Procedure for elected council. Rules of Procedure apply to law enforcement. Police enforce resolution when citizens speak. Nobody has power and isn't law.
b-Legal authority binding on court. Resolution is statement not policy, chose to adopt policy. Has to be fundamental choice council not bind itself.
Citizen in audience pop up silence person or allow to talk not enforce.
Judge-Review opinion on majority can vote.
b-Says two is enough. Problem here if court distinguish serious not serious.
Children's bike ride if wanted to enact ordinance could of done that.
Comes back to deference from judicial branch creating right by third party to pick apart ordinance.
Based on BROWN 165 court has abstained from proceedings, separation of powers court restrained whether requisite number of votes. What court is being asked to do is court play parliamentarian.
Tell our backwards little town how to govern itself.
Judge-Cog in law of intrusion into legislative body court has right to protect individual from oppression by 3 or 5 or whatever. When levy passed when does it take effect? Has right to know.
Hunt amended ordinance. Amendment does not appear in ordinance. Do I have to show license?
b-That amendment applies to prospective gambling establishment, not ambiguous even if improperly codified. Required to have Book of Ordinances. Do have that law.
Judge-Question is not book of ordinances, book of warrants,... If ordinance does what required.
b-Supreme court requires that court understands violation of due process.
Pointing out that all gambling tax no legislation enforce to gambling act enforcement.
Walla Walla has low gambling enforcement costs due to general law enforcement. Entire budget came from general fund not line item. No allegations spent on other items than gambling tax enforcement.
Case law on generally quiet. Reinhold did walk throughs quieted crime hourly walk throughs. Walla Walla number of calls 1985-1987 exactly same worse than Unicorn.
Judge-Let me ask you about that.
American Legion case tax was placed in police budget. In this case went to general fund whereas clauses of ordinance to meet annual budget shortfall.
Not reasonable under 946 that town has sufficient revenue to support town operation in police force.
Went into general fund no line item to police. Not specific to gambling but went to police department.
Only one gambling issue. 619 to alcohol. 495 alcohol less to gambling. Do not have those facts here.
Walla Walla had additional training in gambling and vice.
Can be drawing around parking lot nobody on Pearl street playing dice at midnight.
No evidence of that here at all.
David - Mr. Fabre cheating.
Judge-Extra $9 thousand dollars a month. A pretty penny going to gambling to general fund.
Judge-Where is evidence of $5 thousand dollars going to gambling enforcement to gambling act?
Where in any deliberation of council. Where in recitals is that?
b-Adoption by reference is in our ordinance. Ordinance on its face complied with act. Supreme court that position is untenable general police presence.
Tax is placed in police budget is indisputable. Continuous acts of police deter illegal gambling. Goes into general fund no line item.
Goes into general fund not police budget. Comes from general fund all could be said to go to police.
Judge-What else came out of general fund?
b-All activities except sewer harbor. All except required by statute to be separate.
Judge-Ruston have fire department.
b-Yes volunteer. Police very important to Ruston. Makes Ruston Ruston.
Judge-I think that point is established. Hypothetical either on face of ordinance 1435 during any deliberation to suggest that legislative intent was for purposed described in 946 or to suggest things we could tax.
b-We are allowed to use gambling taxes for above and beyond if not required for gambling enforcement. Do have by reference every chapter is in our reference.
Too far afield in answering forgot part of question asked.
Remind court ordinance presumed valid guidance to lower court.
Respectfully disagree entire case decided on Spokane charter if legal force of charter allows court to step in not general enforcement. Charter separate level than resolution to provide procedures.
Judge-One other question referring back to AMERICAN LEGION case defining primarily no statutory we go to dictionary at first instance.
Random House in Webster first instance no part as substantially tax must be first to enforce gambling act. If five percent required that is all they can tax. Any suggestion tax utilized first of all to enforce gambling act?
b-Unenforceable.
Judge-First of all Supreme Court.
b-Presumption of ordinance validity. Nothing have to prove that tax as to be traceable.
Judge-Law enforcement budget is undefined part of general fund.
b-Probably 30 to 40 percent of budget.
REBUTTAL Joan Mell
m-Ruston did not do basic act to enforce gambling act already had enough money.
Judge-Section K Mr. Britton arguing.
m-Relates to pull tabs, punch cards.
Public has right to know.
Desirable limitations not enforceable when authority by 946 RCW have never been destined for gambling enforcement. Never done that.
Only Ruston can enforce separately have to define. Decision made to refer to gambling commission.
Judge-Chief Reese policy?
m-Her policy when Mr. Fabre requested. She has authority to decline unless Ruston specifies.
Judge-Nobody plays dice in alley shoots when playing pull tabs.
m-Unless council says spend it all under BROWN to understand arbitrary and capricious.
1:15 pm Judge-
Obviously important and difficult case. After lunch go over exhibits render decision quickly.
Comment: This is a tedious undertaking. Hard to keep up with counsels speaking, not slowing down as judge recommend so blog may have gaps. Make out of it what you can. So far ahead of Judge's decision.
Judge's comments are notable.
Comment: No decision as of yet.
-30-
CASINO v RUSTON -DAY THREE - CLOSING ARGUMENT - JOAN MELL
Wednesday May 19, 2010 11:00 am courtroom 2A Judge Fred Cuthbertson
Please note:
No written or audio recording available. Transcript only on appeal. I have done my best but hard to keep up so post may not contain all testimony/arguments but I believe I have captured major points of interest.
This takes a lot of time be patient. Judge's decision may come before I can finish testimony. Judge very precise on issues both sides. Each side says they have the law on their side but Judge Cuthbertson makes the final determination.
Attorneys:
Joan Mell for plaintiff Steve Fabre. (m)
David Britton for defendant Town of Ruston. (b)
Judge CLOSING ARGUMENTS Ready to proceed?
JOAN MELL (m)
m-Plaintiff exhibits 33 and 34 entered. Pl exh 59 card room rates.
j- Admitted without objection.
m-July 7, 2008 two citizens convinced third to take 400 percent increase in gambling tax rate. Increase allowed them to act outside of power to tax. An oligarchy behind scenes to control local businesses.
No opportunity for Mr. Fabre to be heard to be less detrimental on his business.
There were hearing discussions but not in public. Only June 23 Dan Albertson wanted maximum tax now.
Ruston has limited power to tax due to due process concerns.
Resolution 415 Procedures elected not to follow.Dan Albertson, Jane Hunt and Bradley Huson violated principles two months before deliberations on tax increase.
Ignored WA State regulations under Gambling Act regarding enforcement.Mr. Fabre largest taxpayer in Ruston targeted social card games.
Legislature enabled Gambling tax primarily for enforcement by local police authority not public safety as rejected by legislature. Law enforcement expensive spending on other businesses besides casino.
In the deliberative process no determination of enforcement costs.
Did not contact gambling commission or talk to police chief former deputy director of Gambling Commission, particularly impressive.
Supreme Court decision not need to know primary for law enforcement. To protect Supreme court from Separation of Powers definition of law enforcement.
First instance revenue for law enforcement can spend all.
Second Walla Walla decision - not enforcing Sharon Reese delegating to Gambling commission.
Go beyond to Ruston as public safety. Legislature rejected this argument.
No determination for enforcement or to increase gambling act enforcement.
Police activity logs did not know. Line item for police budget $400 thousand dollars.
Under statute in proceedings or process to increase tax.
More than needed per Kim Wheeler.
Dan Albertson wanted maximum.
Jane Hunt as deterrent. A ban could stay in business two years.
Raised to 20 percent to deter gambling. Not what tax is for to mitigate gambling act only enforcement. Tax was improper.
Walk through procedural violations:
1-Lack of effective date.
2-Not two readings, not enough votes.
3-No public comments.
Essential component for any tax unless you know ordinance effective date. Makes ordinance unenforceable. Council did adopt 414 Procedures page 30 rule 22 rules should specify effective date. Should not shall. Should is a derivative of shall and is mandatory.
California Racing Commission sanctioned party for should.
Dictionary definition of should - must.
No debate effective date is compulsory.If required and none what do we do. City will give effective date if presumptive. None for town - steps into separation of powers. Everding mayor July 14 publication date.
Vague and ambiguous ordinances are void.
Subject to reasonable publication date published on date passed.
Only legislature can do Court needs to send back as void.
Judge- Vague and ambiguous in brief?
m-Did cite law legal effective resolution Ruston.
Dan Albertson resolution not law.
Resolution 415 formally voted on and adopted made available to public requiring law enforcement more than simple guidelines formal resolution.
Resolution under Ruston code have authority of ordinance. Meaning of Resolution.
Parties have litigated over Resolution when effective.
Violation of constitutional rights. Not a wish list.Ambiguity Jane Hunt amended license from Gambling Commission ask for business license.
Ordinance 1253 always had license requirement.
Judge-Testimony was after license from Wa Gambling Commission not underlined. Jane made sure had effective license for gambling Act or local business license.
m-Vague and ambiguous definitely, lack of enforceability.
Section D and C have to do with pull tabs. Added social card games provision without including in enforcement.
No authority for town clerk to make sure taxes paid or collected.
Enforcement and specificity tax B and C by clerk treasurer as adopted by Pierce County or WA State gambling commission.
Pierce County makes effective date. Bypass usual effective date and make emergency makes for unreasonable tax.
Cannot equate Charter and Constitution. Town can operate certain ways, Rules of procedure allowed. They are enforceable.
Judge-Never said what makes emergency.
m-Clearly tell us what is emergency?
Mirror language in 3533091 important statute to look at.
Ability of tax payer to be heard absolute right.
Emergency not defined.
Dan Albertson testimony bypassing second reading.
Judge- Is emergency defined in Ruston Code?
m-Not arguing emergency but what citizens expect. Closest is tax measure. Have to be justified.
Steve Fabre footing large part of tax revenue.
Employing hundreds of people not lobby, send letters, but in open public forum.
Open meetings act people do not delegate authority. People may reclaim control, deliberate, discuss and offer amendments.
Only ordinance amendments on second reading.
Albertson set rate at 20 percent.Did not follow procedures, no public input, emergency. Becomes oligarchy.
Judge-One other question. Assume arguably has been no formal legislative declaration of critical facts seem to be pursuant to 946 that tax is primarily for gambling act enforcement testimony Mrs. Hunt Mr Albertson that was really what it was for.
m-Did not state that.
Judge- Important for court to recognize that if they thought that.
m-Testimony legislative members that is what I was thinking Ruston argued Ruston.
Dan and Jane do not represent Ruston, define what intent was.
Judge-Wrap it up.
m-Vote count is indisputable. May present rule 22 enforcement finaln passage one more than majority of council.
Dan Albertson not a dumb guy.
One more than majority of members or members of majority. Jim Hedrick thought should be argued and debated. Still no logic for two members not good government.
Judge-Interpreting rule 22. Isn't that the province of Mayor Everding? Take us to BROWN if it does interpreting rule 22 discretionary act of mayor.
m-No parliamentary rule. Ruston not mayor council rule 12 no discussion either way.
BROWN not decide whether measure passed. Asked to void due process violation as unconstitutional. Allowed to look at procedural rules. Did not do it right.
Vote count unconstitutional declaratory act not do that.
Under Superior court is certainly in a position to determine if parliamentarian erred. Described as arbitrary and capricious WALKER decision as well as BROWN decision.
Ask court to do, apply what did occur to what required.
Rules allowed to be set aside by motion. Have to be uniform and predictable or discretionary.
Ruston failed to meet it's burden.
11:55 am Judge BREAK for five minutes.
Comment: This is a tedious undertaking. Hard to keep up with counsels speaking, not slowing down as judge recommend so blog may have gaps. Make out of it what you can. So far ahead of Judges's decision.
Judge's comments are notable.
Next David Britton CLOSING and REBUTTALS.
-30-
Please note:
No written or audio recording available. Transcript only on appeal. I have done my best but hard to keep up so post may not contain all testimony/arguments but I believe I have captured major points of interest.
This takes a lot of time be patient. Judge's decision may come before I can finish testimony. Judge very precise on issues both sides. Each side says they have the law on their side but Judge Cuthbertson makes the final determination.
Attorneys:
Joan Mell for plaintiff Steve Fabre. (m)
David Britton for defendant Town of Ruston. (b)
Judge CLOSING ARGUMENTS Ready to proceed?
JOAN MELL (m)
m-Plaintiff exhibits 33 and 34 entered. Pl exh 59 card room rates.
j- Admitted without objection.
m-July 7, 2008 two citizens convinced third to take 400 percent increase in gambling tax rate. Increase allowed them to act outside of power to tax. An oligarchy behind scenes to control local businesses.
No opportunity for Mr. Fabre to be heard to be less detrimental on his business.
There were hearing discussions but not in public. Only June 23 Dan Albertson wanted maximum tax now.
Ruston has limited power to tax due to due process concerns.
Resolution 415 Procedures elected not to follow.Dan Albertson, Jane Hunt and Bradley Huson violated principles two months before deliberations on tax increase.
Ignored WA State regulations under Gambling Act regarding enforcement.Mr. Fabre largest taxpayer in Ruston targeted social card games.
Legislature enabled Gambling tax primarily for enforcement by local police authority not public safety as rejected by legislature. Law enforcement expensive spending on other businesses besides casino.
In the deliberative process no determination of enforcement costs.
Did not contact gambling commission or talk to police chief former deputy director of Gambling Commission, particularly impressive.
Supreme Court decision not need to know primary for law enforcement. To protect Supreme court from Separation of Powers definition of law enforcement.
First instance revenue for law enforcement can spend all.
Second Walla Walla decision - not enforcing Sharon Reese delegating to Gambling commission.
Go beyond to Ruston as public safety. Legislature rejected this argument.
No determination for enforcement or to increase gambling act enforcement.
Police activity logs did not know. Line item for police budget $400 thousand dollars.
Under statute in proceedings or process to increase tax.
More than needed per Kim Wheeler.
Dan Albertson wanted maximum.
Jane Hunt as deterrent. A ban could stay in business two years.
Raised to 20 percent to deter gambling. Not what tax is for to mitigate gambling act only enforcement. Tax was improper.
Walk through procedural violations:
1-Lack of effective date.
2-Not two readings, not enough votes.
3-No public comments.
Essential component for any tax unless you know ordinance effective date. Makes ordinance unenforceable. Council did adopt 414 Procedures page 30 rule 22 rules should specify effective date. Should not shall. Should is a derivative of shall and is mandatory.
California Racing Commission sanctioned party for should.
Dictionary definition of should - must.
No debate effective date is compulsory.If required and none what do we do. City will give effective date if presumptive. None for town - steps into separation of powers. Everding mayor July 14 publication date.
Vague and ambiguous ordinances are void.
Subject to reasonable publication date published on date passed.
Only legislature can do Court needs to send back as void.
Judge- Vague and ambiguous in brief?
m-Did cite law legal effective resolution Ruston.
Dan Albertson resolution not law.
Resolution 415 formally voted on and adopted made available to public requiring law enforcement more than simple guidelines formal resolution.
Resolution under Ruston code have authority of ordinance. Meaning of Resolution.
Parties have litigated over Resolution when effective.
Violation of constitutional rights. Not a wish list.Ambiguity Jane Hunt amended license from Gambling Commission ask for business license.
Ordinance 1253 always had license requirement.
Judge-Testimony was after license from Wa Gambling Commission not underlined. Jane made sure had effective license for gambling Act or local business license.
m-Vague and ambiguous definitely, lack of enforceability.
Section D and C have to do with pull tabs. Added social card games provision without including in enforcement.
No authority for town clerk to make sure taxes paid or collected.
Enforcement and specificity tax B and C by clerk treasurer as adopted by Pierce County or WA State gambling commission.
Pierce County makes effective date. Bypass usual effective date and make emergency makes for unreasonable tax.
Cannot equate Charter and Constitution. Town can operate certain ways, Rules of procedure allowed. They are enforceable.
Judge-Never said what makes emergency.
m-Clearly tell us what is emergency?
Mirror language in 3533091 important statute to look at.
Ability of tax payer to be heard absolute right.
Emergency not defined.
Dan Albertson testimony bypassing second reading.
Judge- Is emergency defined in Ruston Code?
m-Not arguing emergency but what citizens expect. Closest is tax measure. Have to be justified.
Steve Fabre footing large part of tax revenue.
Employing hundreds of people not lobby, send letters, but in open public forum.
Open meetings act people do not delegate authority. People may reclaim control, deliberate, discuss and offer amendments.
Only ordinance amendments on second reading.
Albertson set rate at 20 percent.Did not follow procedures, no public input, emergency. Becomes oligarchy.
Judge-One other question. Assume arguably has been no formal legislative declaration of critical facts seem to be pursuant to 946 that tax is primarily for gambling act enforcement testimony Mrs. Hunt Mr Albertson that was really what it was for.
m-Did not state that.
Judge- Important for court to recognize that if they thought that.
m-Testimony legislative members that is what I was thinking Ruston argued Ruston.
Dan and Jane do not represent Ruston, define what intent was.
Judge-Wrap it up.
m-Vote count is indisputable. May present rule 22 enforcement finaln passage one more than majority of council.
Dan Albertson not a dumb guy.
One more than majority of members or members of majority. Jim Hedrick thought should be argued and debated. Still no logic for two members not good government.
Judge-Interpreting rule 22. Isn't that the province of Mayor Everding? Take us to BROWN if it does interpreting rule 22 discretionary act of mayor.
m-No parliamentary rule. Ruston not mayor council rule 12 no discussion either way.
BROWN not decide whether measure passed. Asked to void due process violation as unconstitutional. Allowed to look at procedural rules. Did not do it right.
Vote count unconstitutional declaratory act not do that.
Under Superior court is certainly in a position to determine if parliamentarian erred. Described as arbitrary and capricious WALKER decision as well as BROWN decision.
Ask court to do, apply what did occur to what required.
Rules allowed to be set aside by motion. Have to be uniform and predictable or discretionary.
Ruston failed to meet it's burden.
11:55 am Judge BREAK for five minutes.
Comment: This is a tedious undertaking. Hard to keep up with counsels speaking, not slowing down as judge recommend so blog may have gaps. Make out of it what you can. So far ahead of Judges's decision.
Judge's comments are notable.
Next David Britton CLOSING and REBUTTALS.
-30-
Saturday, May 22, 2010
CASINO v RUSTON - DAY TWO - AFTERNOON SESSION - STEVE FABRE
Tuesday May 18, 2010 1:30 pm courtroom 2A Judge Fred Cuthbertson
Please note:
No written or audio recording available. Transcript only on appeal. I have done my best but hard to keep up so post may not contain all testimony/arguments but I believe I have captured major points of interest.
This takes a lot of time be patient. Judge's decision may come before I can finish testimony. Judge very precise on issues both sides. Each side says they have the law on their side but Judge Cuthbertson makes the final determination.
Attorneys:
Joan Mell for plaintiff Steve Fabre. (m)
David Britton for defendant Town of Ruston. (b)
WITNESS Steven Fabre, owner Point defiance Cafe and Casino sworn in
m- Briefly tell the court about yourself.
Fabre (f)-
Also own Cassidys Pub.
Bought Showboat and converted to Casino.
Attended Curtis HS, Degree in Communications University of Washington.
Working with public officials active politically.
Flannigan, Darnielle, county council and
Ruston Mayor Wheeler
No other law issues.
Freedom of Information in Ruston to clear name.
Ruston Connection monthly newsletter free, Issue resolved itself March 2008.
m-In 2008 Ruston enforcing gambling act?
f-Had employee stealing promotion chips. Gambling commission was closed.
f-Called Officer Lawless Ruston PD and Police chief Reese.
f-Respnse was sorry Steve turning over to gambling commission.
m-What were gambling taxes for?
f-To enforce gambling act.
f-Had to keep up with rules/regulations else strict penalties.
f-Had 14 tables license $24 thousand dollars per year.
m-Municipalities association with other owners at gambling commission meetings?
f-President Gambling Association of owners.
m-You had graduated rate in Ruston?
f-Worked with Mayor Wheeler decided best.
m-Gambling Commission requires 6 month forecast of earnings.
f-first six months broke even. Seventy thousand exempt. More I made more I paid.
m-Beneficial to you graduated rate?
f-Yes stayed open employed 100s of people put to work, good for Ruston.
m-Rely on graduated rate?
f-Yes, no talk of temporary.
m-Never any indication graduated rate temporary?
f-Absolutely not.
m-Rate to 12 percent with Ruston because of enforcement costs?
f-No.
m-More than needed?
f-Ruston police never enforced gambling act.
m-Use your surveillance tapes for gambling act?
f-No. Ruston police did use for other purposes.
f-Previously police said casino less of an impact than Showboat tavern.
m-Plaintiff exhibit (pl exh) 76 Picture photograph of Pont Defiance Cafe and Casino?
f-Parking lot facing east to Everding's property with light pole.
m-Any contact Bob Everding?
f-Yes, complained light was bothering his wife. Left instructions to lower light, very expensive, next upgrade.
m-When were you notified of 20 percent tax increase?
f-Yes, Mr. Wheeler notified me next May 5 council meeting.
m-Enter exh 76.
j-Admitted without objection.
f- Attended May 5 council meeting ready to testify.
m-What happened?
f-Nothing talked about. Article in The News Tribune they were reacting to that. Council members would look bad cost me $9 thousand dollars per month close me down dozens lose jobs.
m-Did you contribute to Ruston community? Were you a benefit to town?
f-Good clientele based on previous owner. My clientele older reserved more mature.
m-Issue never brought up may 5? Next?
f-June 23 study session in front of town hall. Went to study session.
m-Who was at study session?
f- Council and two other people. I was not allowed to speak.
m-Any problems. Any council person ask you to speak? Were you provided opportunity to speak?
f-No. Dan Albertson spoke. Said we were white elephant and needed to end it now. Didn't look at tax rate, State of Washington tax rate 1.4 percent and didn't look at ban moratorium.
m-Any discussion other than twenty percent?
f-No.
m-Any discussion about RCW 946 113 Gambling Act enforcement? Next meeting?
f-Did not attend July 7 meeting not listening to me. Huson, Albertson, Hunt never responded.
f-Gathered information for decision investors et al involved.
f-Pierce County alsways got a return call, always start a dialogue. Response from Pierce County and the State of Washington very good.
m-Council cooperative in Ruston?
f-Albertson picked up phone told me to write a letter. Dialogue none.
m-any attend July 7 council meeting?
f-Sent investors, employees to meeting. They would not listen to me. They were losing jobs and investment.
m-Up to 20 percent OK if graduated rate?
f-Twenty percent is highest anywhere. Lakewood down Fife down to 4 percent.
m-Why decrease rate?
f-To keep businesses open.
CROSS EXAMINATION David Britton (b)
b-Employed literally hundreds of people?
f-We literally put hundreds of people to work first several years.
b-Review complaint to refresh memory. Turn to page 8 of complaint does your signature appear? By signing you verify allegations to be true?
f-Yes.
b-Turn to page 6 read over. You say tax increase not valid as no input by Cafe. On April 4 and July 2 you sent letter to town council mayor and attached partnership returns?
f-Assumed input would be public input.
b-Letter is not input?
f-Letter is input.
b-Familiar with letter?
f-Have not read in a long time since I wrote them.
Provides letter to Steve Fabre Pl exh 49. And when you say in second paragraph tax increase will force foreclosure and cost tax revenue of $40 thousand dollars?
m-Objection. Letter communication without reading.
J-Sustained.
b-Read whole letter.
f-OK.
b-did you write Town of Ruston not putting you out of business- Hip Hop club. Telling council not putting you out of business open Hip Hop club?
f-Hired entertainment promoter. Had Hip Hop on weekends. Was now class F using small area. Put in stage, promotion included Hip Hop.
b-Approach witness Pl exh 50 (David reads Pl exh 50). All right in that letter you stated tax increase was 700 percent?
f-Was 667 percent rounded to 700 percent.
b-Doesn't increase depend on council?
f-Had not seen July 7 only seen 20 percent. Rate was changed at meeting I did not know. My actual tax was two percent and highest paid was three percent. Actual increase was 1,000 percent.
b-Documentation call to all?
f-Talked to Albertson, Hunt and Hedrick. Hunt picked phone up but got no return calls.
b-Bob Everding came over?
f-Yes. Bob very cooperative came over several times.
b-Did increase happen because you were suing town?
f-No. Signed complaint against Ruston Connection.
b-Complaint not strictly accurate?
f-Different interpretation, asked to appear before council.
b-You attended study session May 5 and council meeting July23?
m-Objection. Credibility.
j-Sustained.
b-You did have time to communicate with council have meeting with mayor- non voting?
Judge-Did you have comment on amended ordinance?
f-No.
b-Would you object to 20 percent reduced to 12 percent?
f-Pretty sure I would have objected.
b-Pl exh 50 letter stating if gambling tax only gambling would be pull tabs?
f-Originally pull tabs would increase final did not. New ordinance July 7 did not have increase on pull tabs.
b-Did not close poker?
f-Planned on closing but kept open had free tournaments. Poker kept open to employ people.
b-Mayor Hopkins say take out card tables?
f-No he did not.
b-Did you lease tables pay operators salary of $125 dollars per week? Did you lose $18 thousand dollars customer wins? Did you lose $9 thousand customer wins?
f-Yes.
b-Did gambling tax close tables?
f-Business extremely volatile had bad second quarter. Came back in third quarter to 26 percent average.
b-Losses were smaller?
f-Losing annually not monthly, losses getting smaller.
b-Casino closed August to December 2008?
f-House bank part of casino closed. Lions share of business yes.
b-Did I depose you in my office in 2006?
m-Objection. no question.
judge-Overruled. Inconsistent statement.
b-Try again. You only told me card room?
f-House banked card room.
b-Closed August to December...
Judge-Enter deposition in evidence. Not sure of line of questioning.
m-Include page and line cross reference.
b-Page 36 line 7 you accurately said, did say casino closed?
f-Yes. Casino equals house banked.
b-You did file B&O (Business and Occupation) tax during that period. Some gambling tax revenue. Gambling tax fatal to business? How much more in gambling tax at 20 percent?
f-Opinion on 2007 $80 thousand dollars per month.
b-Why not 2008?
f-2007 was last full year.
b-Revenue down 2008?
f-In first quarter. July up 60 percent over June. Lot of fluctuations especially in second quarter.
f-Gambling commission raised betting limit to $200 dollars.
b-Had been losing money before town increased tax.
>2005 net loss $262 thousand.
>2006 net loss $347 thousand.
Those kind of losses didn't close casino?
f-No.
b-Put you out of business?
f-No Tacoma closed gambling in 2005 willing to wait to get ten percent of Tacoma business. Then Tacoma stayed open another year due to court case.
b-Gambling closed in Tacoma 2006?
f-Yes.
b-Did not make money?
f-Business going much better.
b-2007 net loss. 2008 net loss closed house bank?
Judge-Where are you going with this?
b-Have you paid higher tax rate? You set your own rate?
f-Worked with mayor/council.
b-Never lost $9.7 million on casino?
f-No.
b-How do you know Kim Wheeler?
f-Mayor of Ruston.
b-Did you employ Kim Wheeler?
f-Yes as interface with workers at Point Ruston.
b-How long?
f-Months.
b-Did Kim Wheeler have job title? How much did he make?
f-$12-$13 dollars hour. Worked 2-3 months 2006 or 2007.
b-Donate to Wheeler's campaign?
f-Yes. Raised money for him.
m-Rate increase was partially unfavorable to you?
m-Call back Karen Pickett for testimony on study session.
Judge-Transcript and recording?
m-Disc has entire session gambling portion much smaller.
b-Prefer whole tape listened to.
m-Whole meeting 50 minutes.
b-No objection if authenticated.
m-Call Karen Pickett. (k)
k-sworn in apologizes for wearing jeans.
m-You attended June 23 study session did you record?
k-Yes I did.
m-Plaintiff exhibit 77 do you recognize?
k-Yes I do.
m-A true and correct information on Ruston study session June 23?
m-Move to offer into exhibit 77. No objection.
m-Your honor listen to.
Judge-excuse Karen Pickett.
b-No further witnesses.
j-15 minute break. Closing statements 15 minutes each and rebuttal.
m-Secret to playing this?
Clerk- Play on my player I have speakers.
Judge-How long is portion on gambling?
j-Play relevant portion of study session tape.
m-Pl exh 77 for record.
Tape-Delay cannot start tape.
m-Sound not able to be heard.
Judge-No need to transcribe. Would need to download software to my computer.
m-Willing to do closing now.
j-How long closing statements?
m-15 minutes.
b-30 minutes.
Judge-Forgo playing it, been testimony about what was discussed.
m-June 23 study session no public comment.
j-Try on Miss Mendes computer (bailiff).
m-Go to 1836 can hear now.
Judge-Ready, back on record play relevant portion of exhibit 77 tape of gambling tax discussion by council.
Voice of Dan Albertson heard: Raise Gambling tax. Look at gambling tax and other areas. Is lower here than other states. Why are we so low? Most ridiculous, absurd I have ever heard. What are revenues and expenses and how to bridge the gap. Question is gambling tax an appropriate thing to look at, irresponsible. Find sources of revenue. Virtually every other jurisdiction does, astounds me. Does it have an ordinance number? Looking at every item. Looking at it 2 out of 3, need to do, call Department of Revenue.
(Very brief seven minutes)
m-Done with gambling tax portion.
Judge-Did you listen to this Mr. Britton?
b-Just now.
j-BREAK. Talk to staff.
3:30 pm Judge-
Will not rush through closing. Resume at 10:30 am tomorrow. Arguments to sum up. Not a problem I hope.
m-Need to clear calendar.
b-Already cleared for trial.
Comment: All witness testimony finished only closing arguments left. ps They took quite longer than estimates.
First Joan Mell attorney for plaintiff Steve Fabre, Point Defiance Cafe and Casino.
Next David Britton for defendant Town of Ruston.
-30-
Please note:
No written or audio recording available. Transcript only on appeal. I have done my best but hard to keep up so post may not contain all testimony/arguments but I believe I have captured major points of interest.
This takes a lot of time be patient. Judge's decision may come before I can finish testimony. Judge very precise on issues both sides. Each side says they have the law on their side but Judge Cuthbertson makes the final determination.
Attorneys:
Joan Mell for plaintiff Steve Fabre. (m)
David Britton for defendant Town of Ruston. (b)
WITNESS Steven Fabre, owner Point defiance Cafe and Casino sworn in
m- Briefly tell the court about yourself.
Fabre (f)-
Also own Cassidys Pub.
Bought Showboat and converted to Casino.
Attended Curtis HS, Degree in Communications University of Washington.
Working with public officials active politically.
Flannigan, Darnielle, county council and
Ruston Mayor Wheeler
No other law issues.
Freedom of Information in Ruston to clear name.
Ruston Connection monthly newsletter free, Issue resolved itself March 2008.
m-In 2008 Ruston enforcing gambling act?
f-Had employee stealing promotion chips. Gambling commission was closed.
f-Called Officer Lawless Ruston PD and Police chief Reese.
f-Respnse was sorry Steve turning over to gambling commission.
m-What were gambling taxes for?
f-To enforce gambling act.
f-Had to keep up with rules/regulations else strict penalties.
f-Had 14 tables license $24 thousand dollars per year.
m-Municipalities association with other owners at gambling commission meetings?
f-President Gambling Association of owners.
m-You had graduated rate in Ruston?
f-Worked with Mayor Wheeler decided best.
m-Gambling Commission requires 6 month forecast of earnings.
f-first six months broke even. Seventy thousand exempt. More I made more I paid.
m-Beneficial to you graduated rate?
f-Yes stayed open employed 100s of people put to work, good for Ruston.
m-Rely on graduated rate?
f-Yes, no talk of temporary.
m-Never any indication graduated rate temporary?
f-Absolutely not.
m-Rate to 12 percent with Ruston because of enforcement costs?
f-No.
m-More than needed?
f-Ruston police never enforced gambling act.
m-Use your surveillance tapes for gambling act?
f-No. Ruston police did use for other purposes.
f-Previously police said casino less of an impact than Showboat tavern.
m-Plaintiff exhibit (pl exh) 76 Picture photograph of Pont Defiance Cafe and Casino?
f-Parking lot facing east to Everding's property with light pole.
m-Any contact Bob Everding?
f-Yes, complained light was bothering his wife. Left instructions to lower light, very expensive, next upgrade.
m-When were you notified of 20 percent tax increase?
f-Yes, Mr. Wheeler notified me next May 5 council meeting.
m-Enter exh 76.
j-Admitted without objection.
f- Attended May 5 council meeting ready to testify.
m-What happened?
f-Nothing talked about. Article in The News Tribune they were reacting to that. Council members would look bad cost me $9 thousand dollars per month close me down dozens lose jobs.
m-Did you contribute to Ruston community? Were you a benefit to town?
f-Good clientele based on previous owner. My clientele older reserved more mature.
m-Issue never brought up may 5? Next?
f-June 23 study session in front of town hall. Went to study session.
m-Who was at study session?
f- Council and two other people. I was not allowed to speak.
m-Any problems. Any council person ask you to speak? Were you provided opportunity to speak?
f-No. Dan Albertson spoke. Said we were white elephant and needed to end it now. Didn't look at tax rate, State of Washington tax rate 1.4 percent and didn't look at ban moratorium.
m-Any discussion other than twenty percent?
f-No.
m-Any discussion about RCW 946 113 Gambling Act enforcement? Next meeting?
f-Did not attend July 7 meeting not listening to me. Huson, Albertson, Hunt never responded.
f-Gathered information for decision investors et al involved.
f-Pierce County alsways got a return call, always start a dialogue. Response from Pierce County and the State of Washington very good.
m-Council cooperative in Ruston?
f-Albertson picked up phone told me to write a letter. Dialogue none.
m-any attend July 7 council meeting?
f-Sent investors, employees to meeting. They would not listen to me. They were losing jobs and investment.
m-Up to 20 percent OK if graduated rate?
f-Twenty percent is highest anywhere. Lakewood down Fife down to 4 percent.
m-Why decrease rate?
f-To keep businesses open.
CROSS EXAMINATION David Britton (b)
b-Employed literally hundreds of people?
f-We literally put hundreds of people to work first several years.
b-Review complaint to refresh memory. Turn to page 8 of complaint does your signature appear? By signing you verify allegations to be true?
f-Yes.
b-Turn to page 6 read over. You say tax increase not valid as no input by Cafe. On April 4 and July 2 you sent letter to town council mayor and attached partnership returns?
f-Assumed input would be public input.
b-Letter is not input?
f-Letter is input.
b-Familiar with letter?
f-Have not read in a long time since I wrote them.
Provides letter to Steve Fabre Pl exh 49. And when you say in second paragraph tax increase will force foreclosure and cost tax revenue of $40 thousand dollars?
m-Objection. Letter communication without reading.
J-Sustained.
b-Read whole letter.
f-OK.
b-did you write Town of Ruston not putting you out of business- Hip Hop club. Telling council not putting you out of business open Hip Hop club?
f-Hired entertainment promoter. Had Hip Hop on weekends. Was now class F using small area. Put in stage, promotion included Hip Hop.
b-Approach witness Pl exh 50 (David reads Pl exh 50). All right in that letter you stated tax increase was 700 percent?
f-Was 667 percent rounded to 700 percent.
b-Doesn't increase depend on council?
f-Had not seen July 7 only seen 20 percent. Rate was changed at meeting I did not know. My actual tax was two percent and highest paid was three percent. Actual increase was 1,000 percent.
b-Documentation call to all?
f-Talked to Albertson, Hunt and Hedrick. Hunt picked phone up but got no return calls.
b-Bob Everding came over?
f-Yes. Bob very cooperative came over several times.
b-Did increase happen because you were suing town?
f-No. Signed complaint against Ruston Connection.
b-Complaint not strictly accurate?
f-Different interpretation, asked to appear before council.
b-You attended study session May 5 and council meeting July23?
m-Objection. Credibility.
j-Sustained.
b-You did have time to communicate with council have meeting with mayor- non voting?
Judge-Did you have comment on amended ordinance?
f-No.
b-Would you object to 20 percent reduced to 12 percent?
f-Pretty sure I would have objected.
b-Pl exh 50 letter stating if gambling tax only gambling would be pull tabs?
f-Originally pull tabs would increase final did not. New ordinance July 7 did not have increase on pull tabs.
b-Did not close poker?
f-Planned on closing but kept open had free tournaments. Poker kept open to employ people.
b-Mayor Hopkins say take out card tables?
f-No he did not.
b-Did you lease tables pay operators salary of $125 dollars per week? Did you lose $18 thousand dollars customer wins? Did you lose $9 thousand customer wins?
f-Yes.
b-Did gambling tax close tables?
f-Business extremely volatile had bad second quarter. Came back in third quarter to 26 percent average.
b-Losses were smaller?
f-Losing annually not monthly, losses getting smaller.
b-Casino closed August to December 2008?
f-House bank part of casino closed. Lions share of business yes.
b-Did I depose you in my office in 2006?
m-Objection. no question.
judge-Overruled. Inconsistent statement.
b-Try again. You only told me card room?
f-House banked card room.
b-Closed August to December...
Judge-Enter deposition in evidence. Not sure of line of questioning.
m-Include page and line cross reference.
b-Page 36 line 7 you accurately said, did say casino closed?
f-Yes. Casino equals house banked.
b-You did file B&O (Business and Occupation) tax during that period. Some gambling tax revenue. Gambling tax fatal to business? How much more in gambling tax at 20 percent?
f-Opinion on 2007 $80 thousand dollars per month.
b-Why not 2008?
f-2007 was last full year.
b-Revenue down 2008?
f-In first quarter. July up 60 percent over June. Lot of fluctuations especially in second quarter.
f-Gambling commission raised betting limit to $200 dollars.
b-Had been losing money before town increased tax.
>2005 net loss $262 thousand.
>2006 net loss $347 thousand.
Those kind of losses didn't close casino?
f-No.
b-Put you out of business?
f-No Tacoma closed gambling in 2005 willing to wait to get ten percent of Tacoma business. Then Tacoma stayed open another year due to court case.
b-Gambling closed in Tacoma 2006?
f-Yes.
b-Did not make money?
f-Business going much better.
b-2007 net loss. 2008 net loss closed house bank?
Judge-Where are you going with this?
b-Have you paid higher tax rate? You set your own rate?
f-Worked with mayor/council.
b-Never lost $9.7 million on casino?
f-No.
b-How do you know Kim Wheeler?
f-Mayor of Ruston.
b-Did you employ Kim Wheeler?
f-Yes as interface with workers at Point Ruston.
b-How long?
f-Months.
b-Did Kim Wheeler have job title? How much did he make?
f-$12-$13 dollars hour. Worked 2-3 months 2006 or 2007.
b-Donate to Wheeler's campaign?
f-Yes. Raised money for him.
m-Rate increase was partially unfavorable to you?
m-Call back Karen Pickett for testimony on study session.
Judge-Transcript and recording?
m-Disc has entire session gambling portion much smaller.
b-Prefer whole tape listened to.
m-Whole meeting 50 minutes.
b-No objection if authenticated.
m-Call Karen Pickett. (k)
k-sworn in apologizes for wearing jeans.
m-You attended June 23 study session did you record?
k-Yes I did.
m-Plaintiff exhibit 77 do you recognize?
k-Yes I do.
m-A true and correct information on Ruston study session June 23?
m-Move to offer into exhibit 77. No objection.
m-Your honor listen to.
Judge-excuse Karen Pickett.
b-No further witnesses.
j-15 minute break. Closing statements 15 minutes each and rebuttal.
m-Secret to playing this?
Clerk- Play on my player I have speakers.
Judge-How long is portion on gambling?
j-Play relevant portion of study session tape.
m-Pl exh 77 for record.
Tape-Delay cannot start tape.
m-Sound not able to be heard.
Judge-No need to transcribe. Would need to download software to my computer.
m-Willing to do closing now.
j-How long closing statements?
m-15 minutes.
b-30 minutes.
Judge-Forgo playing it, been testimony about what was discussed.
m-June 23 study session no public comment.
j-Try on Miss Mendes computer (bailiff).
m-Go to 1836 can hear now.
Judge-Ready, back on record play relevant portion of exhibit 77 tape of gambling tax discussion by council.
Voice of Dan Albertson heard: Raise Gambling tax. Look at gambling tax and other areas. Is lower here than other states. Why are we so low? Most ridiculous, absurd I have ever heard. What are revenues and expenses and how to bridge the gap. Question is gambling tax an appropriate thing to look at, irresponsible. Find sources of revenue. Virtually every other jurisdiction does, astounds me. Does it have an ordinance number? Looking at every item. Looking at it 2 out of 3, need to do, call Department of Revenue.
(Very brief seven minutes)
m-Done with gambling tax portion.
Judge-Did you listen to this Mr. Britton?
b-Just now.
j-BREAK. Talk to staff.
3:30 pm Judge-
Will not rush through closing. Resume at 10:30 am tomorrow. Arguments to sum up. Not a problem I hope.
m-Need to clear calendar.
b-Already cleared for trial.
Comment: All witness testimony finished only closing arguments left. ps They took quite longer than estimates.
First Joan Mell attorney for plaintiff Steve Fabre, Point Defiance Cafe and Casino.
Next David Britton for defendant Town of Ruston.
-30-
Friday, May 21, 2010
CASINO v RUSTON - DAY TWO - MORNING SESSION - JANE HUNT
Tuesday May 18, 2010 9:00 am courtroom 2A Judge Fred Cuthbertson
Please note:
No written or audio recording available. Transcript only on appeal. I have done my best but hard to keep up so post may not contain all testimony/arguments but I believe I have captured major points of interest.
This takes a lot of time be patient. Judge's decision may come before I can finish testimony. Judge very precise on issues both sides. Each side says they have the law on their side but Judge Cuthbertson makes the final determination.
Attorneys:
Joan Mell for plaintiff Steve Fabre. (m)
David Britton for defendant Town of Ruston. (b)
m- Bench trial not Jury trial.
Statement of Judge Cuthbertson-
.Pre trial party briefs, proposed jury instructions as well as brief including stipulated facts.
. Most of facts stipulated, relief:
1-Declatory judgment.
2-Injunctive relief from imposing tax on Mr. Fabre.
.Relief same as opening as well as stipulated facts properly before a judge not jury.
.Jury not qualified to provide declatory relief not injunctive relief.
.Issues:
>Use of Police department to regulate Point Defiance Cafe and Casino.
>Also issues raised about motivation of some council members.
>One Ruston annexed to Tacoma freezing out Mr. Fabre's business.
>Neighbors had grudge.
>Secondary to legal and equitable to due process whether declatory or injunctive relief should take place.
>Whether council acted outside of authority when they passed gambling tax.
>Gambling tax voted on after first reading.
>Legal issues clearly predominate.
>Believe parties have made their case.
m- Prior ruling agree with judge. RCW 946 Gambling Tax only spent for local gambling law enforcement.
m-Return jury fee?
b-Object to that.
b-Huge conundrum, I don't know if average juror could understand. More of a bench trial.
WITNESS Jane Hunt, Ruston council person sworn in.
h-Built house five years ago. Home in Ruston since 1996 lived there since 2000.
h-Worked for JC Penney.
h-Developed strip mall properties.
m-You were initially on Planning commission. Did you consider buying property or Commencement devlopment property in Ruston?
b-Objection not relevant.
Judge-sustained. Restate question.
m-Did you have interest in commercial partnership?
h-No. Rachman Investments development company interested primarily in lease.
h-Interest ended on Planning commission and in 2008 new role as a council member.
h- I was appointed as council person 2008.
m-Bradley Huson asked you to join council?
b-Objection.
J-Restate question.
m-Bradley Huson ask co planning commission member?
h-First term appointed second term elected.
m-Interest in Ruston politics published Ruston Connection?
b-Objection to this line of questioning.
m-Mr. Fabre suing Ruston Connection?
h-Virginia Carpio editor. Heard but not from her.
m-You were concerned lack of rules? You spent several hours promulgating procedures. What do you gain?
m-Council mayor disruptive also disruption came from people in audience eliminating public comment at study sessions and regular council meetings?
h-Comments never allowed at study sessions.
h-Eliminated at regular session then put comments at end of session then moned to front of session.
m-After gambling tax increase increase you formalized rules and procedures?
h-Yes.
m-Adopted by way of Resolution each council member voted on following them?
h-Sometimes if we remember we vote on.
m-You expected public to follow? You expected public to follow? You expected Mayor to enforce?
h-Yes.
m-Do you recall study session when gambling tax gambling tax discussed? Were public comments allowed?
h-Twenty people showed up stood up and identified themselves.
m-May 5th not on agenda?
h-Taken off at meeting.
m-Plaintiff exhibit 73 Agenda Regular Council meeting May 5, 2008.
Review meeting minutes. Do you recall ordinance was tabled not heard? No public comment allowed?
h-Probably not. All comments not listed.
m- She (town clerk) just pick and choose comments?
Judge-Read past comments to prompt witness testimony.
m- May 5 section called Public Comments:
(name of commentor) (witness response)
Jim Wingard spoke? Yes.
John Schroeder spoke? Yes.
Sherri Forsch spoke? Yes.
John Andersen spoke? Yes.
Terry Knapp spoke? Yes.
Kevin Moser spoke? Yes.
m- None spoke of gambling tax?
h-Yes.
m-End of meeting comments. Agenda item moved to study session not noted?
h-Tabled to future study session.
m-No date though?
h-Can't remember. Moved to study session to look into.
m-You had a motion for 20 percent gambling tax increase at one time?
h-Yes. Kim Wheeler lowered rate.
m-Did you talk about graduated tax rate?
h-Yes.
m-Do you look at gambling ordinance?
h-Ruston no. State of Washington had it.
m-If you have not seen 20 percent tax what are you relying on?
m-Changes by Wheeler, two, handed to Jane.
h-Reviewing. ten percent 1974 Ordinance 660.
m-What are you referencing? Read it.
h-Whole thing?
h-Not sure if in another Ordinance since 1974. This one Wheeler lowered it.
m-It was 10 percent not 20 percent correct?
h-Yes.
m-Try to focus on chronology after May. Refer to meeting minutes June 23, 2008 study session. Review that document.
m-No reference to Ordinance or 20 percent increase?
Judge-Say again.
h-We were looking at deficit all possible tax increases, gambling was one of them.
h-Since then we have had utility, gas tax increases.
m-Did you have an ordinance in front of you?
h-Reviewing all sources, hotel motel tax. Will have 200,000 square feet down below. New sewer tax 2009.
m-In 2008 gambling tax only?
h-In 2009 increased all of them. In 2008 increase B&O tax, gambling tax and B&O tax. Utility, gas and sewer taxes in 2009.
m-Dedicated to funds?
h-Gambling to general fund for police enforcement. Monies we needed. My bible AWC (Association Washington Cities).
m-Who gave you the bible?
Judge- Marked as exhibit. Brief 3 minute RECESS.
h-AWC class on revenue. Toni emailed me a list of taxes.
m-Got gambling tax training class before gambling tax increase?
m-Gambling tax used primarily for gambling tax enforcement?
h-$400 thousand dollars for law enforcement.
m-Any discussion before vote? Read RCW (Revised Code of Washington) before?
h-Read all RCW.
m-Explore gambling act provisions unfamiliar with?
h-No in review.
b-Objection. Not evidence.
Judge-Overruled.
m-Are all decisions explained to you? Ruston required additional gambling tax enforcement?
h-Get budget. Line item $400 thousand dollars for overall expenditures.
m-Did you look at police gambling tax needs?
m-Did you have concern about deficit spending before 400 percent gambling tax increase?
h-One of the reasons no gambling tax enforcement.
m-
>Did tou talk to police?
>Did you look at police activity list?
>Did you do comparison with other communities?
>Did you talk to Washington State gambling commission?
>Did you talk to recreation commission?
>Did you talk to Steve Fabre?
h-Yes not about that.
b- Objection
Judge- Overruled.
m-No study session from Gambling commission, law enforcement?
h-Don't remember.
m-Was police budget sufficient to enforce gambling act?
h-No.
m-Mr. Fabre not allowed to speak June 23 meeting?
h-Don't remember.
m-Did he give testimony at special session?
h-Not sure. Don't know if he (Fabre) was there.
m-No testimony given before June 23.
h-Yes.
m-Plaintiff exhibit 74 add meeting minutes.
m-Gambling tax enforcement mentioned before July 7? No reference correct?
h-Right, no reference to.
b-Objection. Offer to prove to extent no.
Judge-Going to admit Pl Exh 74 over objection.
m-No public comment on Ordinance 1253 allowed?
h-Not that I remember.
m-Did you talk to (Police Chief) Sharon Reese?
b-Objection.
Judge-Overruled.
m-On July 7 no talk of enforcement of gambling act?
h-I don't remember.
m-Review staff report Pl exh 32 printout (also on disc)?
h-Reviewing document for gambling enforcement?
h-No.
Judge-Pl Exh 32 admitted over objection.
m-Disc as part of 32.
m-Budget deficit $400 thousand dollars?
h-Not sure.
m-How much was for gambling enforcement?
h-Don't know.
m-Unicorn used law enforcement?
h-Yes.
m-At July 7 meeting was first reading Ordinance 1253?
h-Don't remember.
m-Remember talk of bypassing second reading?
h-Ordinance emailed to me.
m-Was it posted?
h-Posted at Town Hall.
m-Public got first notice at posting not before?
h-Yes.
m-Rules and Procedures admitted?
Judge-Admitted under Pl exh 30.
m-Procedures of Ruston require vote to waive second reading? Requires super majority?
h-Don't know.
m-I direct you to rule 22.
h-Reviews. The intent to go by. Not law, can disregard.
m-So you can bypass if you wish?
m-does it require super majority?
h- No.
m-How many votes on that issue?
h-One more than majority. Had three.
m-One more than majority of council?
h-Yes. Rules for Fircrest.
m-If 4 majority 3?
h-No, I guess.
m-Shows Pl exh 59.
h-Don't know where this came from. Council person Albertson did a lot of the research report referred to.
1050am Judge takes both counsels into adjoining room.
h-Asking about report did elaborate study something about it.
m-Document was in there specifically? Did not indicate effective date?
h-Five days after passage.
b-Objection.
Judge-Overruled. Reasonable cause five days.
m- Is that state law? Normally counsel advises? Usually written in Ordinance?
h-Don't remember.
CROSS EXAMINATION David Britton
b-Uhm. There was talk about meeting minutes. Do they always report everything?
h-Awful job.
b-Possibly missed, same for agenda. Added at beginning of Council meeting?
h-Yes.
b-Ordinance 1253 tabled at April 5 meeting, brought up at study session, brought up at July 7 regular council meeting?
h-Yes. Town running at deficit?
b-Impact consideration of gambling tax?
h-Looking at all taxes.
b-Who presides at meetings?
h-Mayor.
b-Who calls for vote?
h-Mayor.
Who records?
h-Town clerk.
h-Town attorney provides answers.
b-How often Town Attorney asked?
h-Don't remember that issue.
b-Who is responsible for rules?
h-Not sure.
b-At town council?
m-Objection.
b-Any exhibits?
m-Objection.
b-Guest speakers- public comments allowed?
h-Yes at presentation not meeting.
b-Anyone in audience ask questions?
m-Objection.
Judge- Uphold. Not relevant to time period.
b-Rules adopted. Discretion when to enforce? This or that rule to be enforced?
h-No.
b-How many annual budgets did you work on?
h-Three.
b-Familiar with budget?
h-Yes.
b-Shows transcript of July 7 meeting. No mention of gambling tax enforcement. Testify as to legality at July 7 meeting?
Judge-Hold on a second. Question is ambiguous.
b-Transcript of July 7 meeting. Discussion of legal aspects of gambling tax enforcement?
h-Discussed at July 7 meeting? I guess I say no.
b-Did you discuss at study session?
h-Police enforcement.
b-Apology, that was what I was getting at.
b-Employment?
h-JC Penney, regional staff manager.
b-Any other position at JC Penney?
h-Regional sales manager.
b-Require travel? How many stores?
h-Decorating. Closed 11 kept 2 closed decorating.
b-Did you intend to tax Mr. Fabre out of business?
h-Mr. Fabre responsible for going out of business. Not tax increase.
Judge-Any testimony on direct outside of scope and qualifying witness as expert unless reviewed books of Casino.
b-Withdraw question.
b-Regularly attend Town council meetings?
h-Yes for five years. Almost all of them. All when Kim mayor. He testified town in black.
b-Funds for gambling enforcement?
h-In general budget.
b-See Mr. Fabre at meeting? At study session June 23 or council meeting July 7?
h-Don't remember.
b-What did you discuss with him?
h-Told him not my responsibility to run his business. He needed to run it on his own.
Judge- BREAK 15 minutes running over.
b-Rate on proposed tax tax rate initially?
h-20 percent.
b-How did it get to 12 percent.
h-I did that. Intention was to eventually raise to 20 percent.
b-Did you intend to close business?
h-No.
b-Did you follow procedures?
h-Yes.
m-Require law enforcement if public comment during business?
h-Up to mayor. If belligerent or outspoken tells them to be quiet.
m- Whole list of of taxes but discussed gambling tax only?
m-Approved minutes at next meeting?
h-Meetings June, July approved later in year. Yes.
m-You didn't challenge meeting minutes?
h-Don't remember.
b-Sometimes months later. Do you remember them?
h-No.
Judge- Cuthbertson to jane Hunt. Judge- (j)
j-I have a couple of questions.
j-Ask you about plaintiff exhibit 41 Ordinance.
j-Give you my copy to look at Mrs. Hunt. Suggest looking at Exhibit 31 minutes of council meeting amendment you offered. What was your other amendment?
h-20 percent to 12 percent.
j-Verbatim, exhibit 32, report of proceedings. Had to do with state license. Major amendment.
h-Amended with State of Washington and business license.
j-Casino license and family license. Did it pass?
h-I think it did. not sure. Shows up here. They did get it in here.
j-Looks like second. Guess what is confusing all other amended portions underlined that section not underlined.
j-Any other application for gambling in 2008?
h-I don't think so.
j-When was requirement to be effective?
h-Had to have a license to date.
j-When presented to clerk in Ruston I guess my question so somebody came in on july 8 and said I am going to open up and I am licensed permit approved they wouldn't know to present that to clerk?
h-Not unless clerk told them.
j-Not codified until August, clerk not notified?
h-She should know that. Codified into book.
j-You didn't know on July 7 when Ordinance would take effect?
h-Thought, assumption, 5 days after signed.
j-When deliberating about this tax Mr. Hedrick only council person opposed. His consideration when revenues low raising his taxes 400 percent would drive him out of business and town would lose it's largest taxpayer.
h-We had two options:
1-Wait two years.
2-Raise taxes and help town.
h-Marcotte study said town near dead end needed to liven it up.
j-Risks and rewards in business. You are a business person.
j-Did council discuss 400 percent increase might lose business? You compromised at 12 percent.
j-Was there discussion about whether Mr. Fabre would close and you would lose biggest taxpayer?
j-We (Tacoma) lost Frank Russell. Did you discuss losing largest taxpayer?
h-I did get five phone calls that brought that up don't want to drive business away.
h-Down below 60 acres, 200,000 square feet retail. Had more potential could have casino on waterfront.
j-Have you looked back at this?
h-No state law.
j-Purpose of tax? Primary purpose of tax dedicated to gambling law enforcement?
Did discuss that but not at open meeting. Maybe at special session. Big proponent of.
j-Did you get legal opinion on reliability of revenue source?
h-Counsel was there responsible for being written correctly.
j-Did the town of Ruston request legal opinion? Can we do this?
h-Don't know.
j-Further discussion on further casino operations?
h-We could do like Tacoma but would require two year notice to Mr. Fabre.
j-Discussed that at special session?
h-Yes.
J- Don't know minutes incomplete.
j-Did you discuss moratorium outside of council?
h-I personally did not.
j-It seems at council meeting lots of things discussed prior to July 7?
h-Ready to go July 7. Mr. Hedrick said we needed more time.
j-No we are ready to go? Do you feel it was thoroughly vetted before you voted July 7?
h-Yes.
j-I assume that happened April 5?
h-Some council persons did on their owm. Not Mr. Hedrick.
m-Clarify dates:
>First date proposed May 25 tabled.
>Second date June 23 study session.
>No discussion May 25 tabled? Only discussion June 23 right?
h-Yes.
12:00 noon. Judge- ALL RISE lunch resume 1:30 pm.
Comment Jane Hunt witness took the whole morning session.
-30-
Please note:
No written or audio recording available. Transcript only on appeal. I have done my best but hard to keep up so post may not contain all testimony/arguments but I believe I have captured major points of interest.
This takes a lot of time be patient. Judge's decision may come before I can finish testimony. Judge very precise on issues both sides. Each side says they have the law on their side but Judge Cuthbertson makes the final determination.
Attorneys:
Joan Mell for plaintiff Steve Fabre. (m)
David Britton for defendant Town of Ruston. (b)
m- Bench trial not Jury trial.
Statement of Judge Cuthbertson-
.Pre trial party briefs, proposed jury instructions as well as brief including stipulated facts.
. Most of facts stipulated, relief:
1-Declatory judgment.
2-Injunctive relief from imposing tax on Mr. Fabre.
.Relief same as opening as well as stipulated facts properly before a judge not jury.
.Jury not qualified to provide declatory relief not injunctive relief.
.Issues:
>Use of Police department to regulate Point Defiance Cafe and Casino.
>Also issues raised about motivation of some council members.
>One Ruston annexed to Tacoma freezing out Mr. Fabre's business.
>Neighbors had grudge.
>Secondary to legal and equitable to due process whether declatory or injunctive relief should take place.
>Whether council acted outside of authority when they passed gambling tax.
>Gambling tax voted on after first reading.
>Legal issues clearly predominate.
>Believe parties have made their case.
m- Prior ruling agree with judge. RCW 946 Gambling Tax only spent for local gambling law enforcement.
m-Return jury fee?
b-Object to that.
b-Huge conundrum, I don't know if average juror could understand. More of a bench trial.
WITNESS Jane Hunt, Ruston council person sworn in.
h-Built house five years ago. Home in Ruston since 1996 lived there since 2000.
h-Worked for JC Penney.
h-Developed strip mall properties.
m-You were initially on Planning commission. Did you consider buying property or Commencement devlopment property in Ruston?
b-Objection not relevant.
Judge-sustained. Restate question.
m-Did you have interest in commercial partnership?
h-No. Rachman Investments development company interested primarily in lease.
h-Interest ended on Planning commission and in 2008 new role as a council member.
h- I was appointed as council person 2008.
m-Bradley Huson asked you to join council?
b-Objection.
J-Restate question.
m-Bradley Huson ask co planning commission member?
h-First term appointed second term elected.
m-Interest in Ruston politics published Ruston Connection?
b-Objection to this line of questioning.
m-Mr. Fabre suing Ruston Connection?
h-Virginia Carpio editor. Heard but not from her.
m-You were concerned lack of rules? You spent several hours promulgating procedures. What do you gain?
m-Council mayor disruptive also disruption came from people in audience eliminating public comment at study sessions and regular council meetings?
h-Comments never allowed at study sessions.
h-Eliminated at regular session then put comments at end of session then moned to front of session.
m-After gambling tax increase increase you formalized rules and procedures?
h-Yes.
m-Adopted by way of Resolution each council member voted on following them?
h-Sometimes if we remember we vote on.
m-You expected public to follow? You expected public to follow? You expected Mayor to enforce?
h-Yes.
m-Do you recall study session when gambling tax gambling tax discussed? Were public comments allowed?
h-Twenty people showed up stood up and identified themselves.
m-May 5th not on agenda?
h-Taken off at meeting.
m-Plaintiff exhibit 73 Agenda Regular Council meeting May 5, 2008.
Review meeting minutes. Do you recall ordinance was tabled not heard? No public comment allowed?
h-Probably not. All comments not listed.
m- She (town clerk) just pick and choose comments?
Judge-Read past comments to prompt witness testimony.
m- May 5 section called Public Comments:
(name of commentor) (witness response)
Jim Wingard spoke? Yes.
John Schroeder spoke? Yes.
Sherri Forsch spoke? Yes.
John Andersen spoke? Yes.
Terry Knapp spoke? Yes.
Kevin Moser spoke? Yes.
m- None spoke of gambling tax?
h-Yes.
m-End of meeting comments. Agenda item moved to study session not noted?
h-Tabled to future study session.
m-No date though?
h-Can't remember. Moved to study session to look into.
m-You had a motion for 20 percent gambling tax increase at one time?
h-Yes. Kim Wheeler lowered rate.
m-Did you talk about graduated tax rate?
h-Yes.
m-Do you look at gambling ordinance?
h-Ruston no. State of Washington had it.
m-If you have not seen 20 percent tax what are you relying on?
m-Changes by Wheeler, two, handed to Jane.
h-Reviewing. ten percent 1974 Ordinance 660.
m-What are you referencing? Read it.
h-Whole thing?
h-Not sure if in another Ordinance since 1974. This one Wheeler lowered it.
m-It was 10 percent not 20 percent correct?
h-Yes.
m-Try to focus on chronology after May. Refer to meeting minutes June 23, 2008 study session. Review that document.
m-No reference to Ordinance or 20 percent increase?
Judge-Say again.
h-We were looking at deficit all possible tax increases, gambling was one of them.
h-Since then we have had utility, gas tax increases.
m-Did you have an ordinance in front of you?
h-Reviewing all sources, hotel motel tax. Will have 200,000 square feet down below. New sewer tax 2009.
m-In 2008 gambling tax only?
h-In 2009 increased all of them. In 2008 increase B&O tax, gambling tax and B&O tax. Utility, gas and sewer taxes in 2009.
m-Dedicated to funds?
h-Gambling to general fund for police enforcement. Monies we needed. My bible AWC (Association Washington Cities).
m-Who gave you the bible?
Judge- Marked as exhibit. Brief 3 minute RECESS.
h-AWC class on revenue. Toni emailed me a list of taxes.
m-Got gambling tax training class before gambling tax increase?
m-Gambling tax used primarily for gambling tax enforcement?
h-$400 thousand dollars for law enforcement.
m-Any discussion before vote? Read RCW (Revised Code of Washington) before?
h-Read all RCW.
m-Explore gambling act provisions unfamiliar with?
h-No in review.
b-Objection. Not evidence.
Judge-Overruled.
m-Are all decisions explained to you? Ruston required additional gambling tax enforcement?
h-Get budget. Line item $400 thousand dollars for overall expenditures.
m-Did you look at police gambling tax needs?
m-Did you have concern about deficit spending before 400 percent gambling tax increase?
h-One of the reasons no gambling tax enforcement.
m-
>Did tou talk to police?
>Did you look at police activity list?
>Did you do comparison with other communities?
>Did you talk to Washington State gambling commission?
>Did you talk to recreation commission?
>Did you talk to Steve Fabre?
h-Yes not about that.
b- Objection
Judge- Overruled.
m-No study session from Gambling commission, law enforcement?
h-Don't remember.
m-Was police budget sufficient to enforce gambling act?
h-No.
m-Mr. Fabre not allowed to speak June 23 meeting?
h-Don't remember.
m-Did he give testimony at special session?
h-Not sure. Don't know if he (Fabre) was there.
m-No testimony given before June 23.
h-Yes.
m-Plaintiff exhibit 74 add meeting minutes.
m-Gambling tax enforcement mentioned before July 7? No reference correct?
h-Right, no reference to.
b-Objection. Offer to prove to extent no.
Judge-Going to admit Pl Exh 74 over objection.
m-No public comment on Ordinance 1253 allowed?
h-Not that I remember.
m-Did you talk to (Police Chief) Sharon Reese?
b-Objection.
Judge-Overruled.
m-On July 7 no talk of enforcement of gambling act?
h-I don't remember.
m-Review staff report Pl exh 32 printout (also on disc)?
h-Reviewing document for gambling enforcement?
h-No.
Judge-Pl Exh 32 admitted over objection.
m-Disc as part of 32.
m-Budget deficit $400 thousand dollars?
h-Not sure.
m-How much was for gambling enforcement?
h-Don't know.
m-Unicorn used law enforcement?
h-Yes.
m-At July 7 meeting was first reading Ordinance 1253?
h-Don't remember.
m-Remember talk of bypassing second reading?
h-Ordinance emailed to me.
m-Was it posted?
h-Posted at Town Hall.
m-Public got first notice at posting not before?
h-Yes.
m-Rules and Procedures admitted?
Judge-Admitted under Pl exh 30.
m-Procedures of Ruston require vote to waive second reading? Requires super majority?
h-Don't know.
m-I direct you to rule 22.
h-Reviews. The intent to go by. Not law, can disregard.
m-So you can bypass if you wish?
m-does it require super majority?
h- No.
m-How many votes on that issue?
h-One more than majority. Had three.
m-One more than majority of council?
h-Yes. Rules for Fircrest.
m-If 4 majority 3?
h-No, I guess.
m-Shows Pl exh 59.
h-Don't know where this came from. Council person Albertson did a lot of the research report referred to.
1050am Judge takes both counsels into adjoining room.
h-Asking about report did elaborate study something about it.
m-Document was in there specifically? Did not indicate effective date?
h-Five days after passage.
b-Objection.
Judge-Overruled. Reasonable cause five days.
m- Is that state law? Normally counsel advises? Usually written in Ordinance?
h-Don't remember.
CROSS EXAMINATION David Britton
b-Uhm. There was talk about meeting minutes. Do they always report everything?
h-Awful job.
b-Possibly missed, same for agenda. Added at beginning of Council meeting?
h-Yes.
b-Ordinance 1253 tabled at April 5 meeting, brought up at study session, brought up at July 7 regular council meeting?
h-Yes. Town running at deficit?
b-Impact consideration of gambling tax?
h-Looking at all taxes.
b-Who presides at meetings?
h-Mayor.
b-Who calls for vote?
h-Mayor.
Who records?
h-Town clerk.
h-Town attorney provides answers.
b-How often Town Attorney asked?
h-Don't remember that issue.
b-Who is responsible for rules?
h-Not sure.
b-At town council?
m-Objection.
b-Any exhibits?
m-Objection.
b-Guest speakers- public comments allowed?
h-Yes at presentation not meeting.
b-Anyone in audience ask questions?
m-Objection.
Judge- Uphold. Not relevant to time period.
b-Rules adopted. Discretion when to enforce? This or that rule to be enforced?
h-No.
b-How many annual budgets did you work on?
h-Three.
b-Familiar with budget?
h-Yes.
b-Shows transcript of July 7 meeting. No mention of gambling tax enforcement. Testify as to legality at July 7 meeting?
Judge-Hold on a second. Question is ambiguous.
b-Transcript of July 7 meeting. Discussion of legal aspects of gambling tax enforcement?
h-Discussed at July 7 meeting? I guess I say no.
b-Did you discuss at study session?
h-Police enforcement.
b-Apology, that was what I was getting at.
b-Employment?
h-JC Penney, regional staff manager.
b-Any other position at JC Penney?
h-Regional sales manager.
b-Require travel? How many stores?
h-Decorating. Closed 11 kept 2 closed decorating.
b-Did you intend to tax Mr. Fabre out of business?
h-Mr. Fabre responsible for going out of business. Not tax increase.
Judge-Any testimony on direct outside of scope and qualifying witness as expert unless reviewed books of Casino.
b-Withdraw question.
b-Regularly attend Town council meetings?
h-Yes for five years. Almost all of them. All when Kim mayor. He testified town in black.
b-Funds for gambling enforcement?
h-In general budget.
b-See Mr. Fabre at meeting? At study session June 23 or council meeting July 7?
h-Don't remember.
b-What did you discuss with him?
h-Told him not my responsibility to run his business. He needed to run it on his own.
Judge- BREAK 15 minutes running over.
b-Rate on proposed tax tax rate initially?
h-20 percent.
b-How did it get to 12 percent.
h-I did that. Intention was to eventually raise to 20 percent.
b-Did you intend to close business?
h-No.
b-Did you follow procedures?
h-Yes.
m-Require law enforcement if public comment during business?
h-Up to mayor. If belligerent or outspoken tells them to be quiet.
m- Whole list of of taxes but discussed gambling tax only?
m-Approved minutes at next meeting?
h-Meetings June, July approved later in year. Yes.
m-You didn't challenge meeting minutes?
h-Don't remember.
b-Sometimes months later. Do you remember them?
h-No.
Judge- Cuthbertson to jane Hunt. Judge- (j)
j-I have a couple of questions.
j-Ask you about plaintiff exhibit 41 Ordinance.
j-Give you my copy to look at Mrs. Hunt. Suggest looking at Exhibit 31 minutes of council meeting amendment you offered. What was your other amendment?
h-20 percent to 12 percent.
j-Verbatim, exhibit 32, report of proceedings. Had to do with state license. Major amendment.
h-Amended with State of Washington and business license.
j-Casino license and family license. Did it pass?
h-I think it did. not sure. Shows up here. They did get it in here.
j-Looks like second. Guess what is confusing all other amended portions underlined that section not underlined.
j-Any other application for gambling in 2008?
h-I don't think so.
j-When was requirement to be effective?
h-Had to have a license to date.
j-When presented to clerk in Ruston I guess my question so somebody came in on july 8 and said I am going to open up and I am licensed permit approved they wouldn't know to present that to clerk?
h-Not unless clerk told them.
j-Not codified until August, clerk not notified?
h-She should know that. Codified into book.
j-You didn't know on July 7 when Ordinance would take effect?
h-Thought, assumption, 5 days after signed.
j-When deliberating about this tax Mr. Hedrick only council person opposed. His consideration when revenues low raising his taxes 400 percent would drive him out of business and town would lose it's largest taxpayer.
h-We had two options:
1-Wait two years.
2-Raise taxes and help town.
h-Marcotte study said town near dead end needed to liven it up.
j-Risks and rewards in business. You are a business person.
j-Did council discuss 400 percent increase might lose business? You compromised at 12 percent.
j-Was there discussion about whether Mr. Fabre would close and you would lose biggest taxpayer?
j-We (Tacoma) lost Frank Russell. Did you discuss losing largest taxpayer?
h-I did get five phone calls that brought that up don't want to drive business away.
h-Down below 60 acres, 200,000 square feet retail. Had more potential could have casino on waterfront.
j-Have you looked back at this?
h-No state law.
j-Purpose of tax? Primary purpose of tax dedicated to gambling law enforcement?
Did discuss that but not at open meeting. Maybe at special session. Big proponent of.
j-Did you get legal opinion on reliability of revenue source?
h-Counsel was there responsible for being written correctly.
j-Did the town of Ruston request legal opinion? Can we do this?
h-Don't know.
j-Further discussion on further casino operations?
h-We could do like Tacoma but would require two year notice to Mr. Fabre.
j-Discussed that at special session?
h-Yes.
J- Don't know minutes incomplete.
j-Did you discuss moratorium outside of council?
h-I personally did not.
j-It seems at council meeting lots of things discussed prior to July 7?
h-Ready to go July 7. Mr. Hedrick said we needed more time.
j-No we are ready to go? Do you feel it was thoroughly vetted before you voted July 7?
h-Yes.
j-I assume that happened April 5?
h-Some council persons did on their owm. Not Mr. Hedrick.
m-Clarify dates:
>First date proposed May 25 tabled.
>Second date June 23 study session.
>No discussion May 25 tabled? Only discussion June 23 right?
h-Yes.
12:00 noon. Judge- ALL RISE lunch resume 1:30 pm.
Comment Jane Hunt witness took the whole morning session.
-30-
Thursday, May 20, 2010
CASINO v RUSTON - DAY ONE - AFTERNOON SESSION - DAN ALBERTSON
Monday May 17, 2010 1:30 pm courtroom 2A Judge Fred Cuthbertson
Please note:
No written or audio recording available. Transcript only on appeal. I have done my best but hard to keep up so post may not contain all testimony/arguments but I believe I have captured major points of interest.
This takes a lot of time be patient. Judge's decision may come before I can finish testimony. Judge very precise on issues both sides. Each side says they have the law on their side but Judge Cuthbertson makes the final determination.
Attorneys:
Joan Mell for plaintiff Steve Fabre. (m)
David Britton for defendant Town of Ruston. (b)
Judge- Deferring to Dan Alberton, sworn in (a)
a- Held official position as Ruston Council member 2007 thru 2009.
b- Obligation during that time, first discussed gambling tax?
a- Beginning 2008.
b- How many times gambling tax discussed?
a- Every meeting discussed enhancing revenues.
b- Review previous meeting notes?
a- yes. Minutes were a fraction.
b- Did you see Steve Fabre during 2007-2008?
a- I think he was at one meeting. I do believe one meeting.
b- Council began allowing public comments?
a- Always at end or beginning.
b- Was public comment moved?
a- Yes to end. At start every business item comment each business item. Meeting started 7 pm ran until 10 10:30.
b- Any meeting no public comment?
a- Not each business item. Any meeting we have quorum public attends.
b- Did Mr. Fabre attend council meeting regarding gambling tax?
a- No
b- Other contacts?
a- By phone 2-3 times. Answered once talked told him to put it in writing. Already had written letter including scheduled income tax.
b- defendant exhibit 10. Do you recognize?
a- Yes, letter Fabre sent with schedule D.
b- discusses impact doing poorly, partnership returns. 10 be admitted.
m- Objection. Witness has testified information private.
Judge- Sustained.
b- Letter addressed to?
a- Council members and Mayor.
a- Letter dated July 2 asked not to change taxes.
b- Admit def exh 11.
m- Objection same.
Judge- sustained.
b- Did you receive letter? Did they influence your decision?
a- Read plus attachment.
d- Mr. Fabre's profit/loss from 2008?
a- Knew he was losing money.
m- Grading tax scale rate 3 percent?
b- When was it imposed?
a- by Mr. Wheeler when in office.
b- How did that understanding affect your decision?
a- Was not favorable.
b- Out of business if tax increased?
a- Unlikely, gambling was small amount of overall revenue.
m- Million dollar gross what was net? Looked at town's problems not mr. Fabre's? How were town's finances?
a- Terrible. Entirely unsustainable.
b- If town to survive?
a- Surplus property fund used. Rainy day fund. Town was selling assets to survive. Only supposed to be used in emergency.
b- Budget, your understanding of revenue 2008?
a- Several months before tax increase, 600 to 700 per month.
m- Never saw $32 thousand per year over $30 thousand on an annualized basis?
a- general fund property tax biggest revenue.
m- What about pull tabs other gambling?
a- List not broken out. Unicorn pull tabs not broken out.
a- Gambling tax was across the board, increased all tax rates.
m- Increased tax how did it affect graduated rate?
a- Flat tax rate for pull tabs including any new business coming into town.
m- Card room gambling only enforcement?
a- Had police presence, subject came up. Don't remember well enough.
m- Was there concern on the council that tax money be dedicated to law enforcement, specifically gaming?
a- Not specific to gaming. Police budget went from $70 thousand dollars to $500 thousand dollars for police force. Huge amount of budget to police enforcement.
m- Issue of gaming when you ran for office? Was gambling an issue in campaign?
a- Background as a lawyer was significant. Was a topic in the town. Tax revenue came up.
m- Town of Ruston council procedures resolution. Did you help draft that?
a- Yes.
m- What was rule making procedures?
a- Meeting with council making proposed changes. Meetings got stretched out.
m- Were initially drafted when you came on council?
a- December 2007 one of immediate things.
m- Were they drafted and adopted by a super majority?
a- Version. No further changes adopted.
m- Did you at time of drafting take into account constitution of the State of Washington?
a- I can't say definitely.
m- Suppose council decides to outlaw all businesses in Ruston? What provisions are there for public comment?
a- Notice posted at town hall.
m- How would a citizen/business owner/resident hear other comments or influence legislation? How do you do this in a public forum?
a- Every meeting has comment period.
m- Any mechanism for public comment before council acts?
a- In regard to gambling in public comments earlier meeting.
m- Ordinance brought forward July 7. What time did citizenry have for comments? Tax rate?
a- I think 20 percent was floating.
m- Finally, as drafted rule 22 provides relevant party by motion, procedure for ordinances, rule 22 section8 day instituted by a majority of council plus one.Question is whether intent was before vote majority or majority present?
a- Calculated on number of members present. Impossible situation if Hedrick rule- four votes required you could have meeting not accomplish anything.
b- Ask about campaign environment prior to procedure rules?
a- Worst public display of public aggression I have ever seen.
a- Council members and mayor threatened got within four feet. Meeting stopped. Mayor stopped meeting. Fire chief had to persuade people to leave early. Never before seen at public meeting.
m- Why draft resolution not ordinance?
Judge - lead testimony as hostile witness.
m- No document communication of 20 percent tax increase before July 7th meeting.
a- Constant criticism of town clerk.
m- Refer to Terry Knapp comment. Public comment any reflection about notes not being accurate?
a-
1- On agenda but not on
2- Night adopted.
3- Public showed up and commented.
m- Who made motion?
a- I couldn't be there asked Wayne Stebner to motion 20 percent. Jane Hunt amended to 12 percent.
m- Ordinance 1253 referenced no political activity or need for law enforcement?
b- Objection.
Judge- overruled.
m- Was amount spent on Casino enforcement an issue?
a- Not subsequent to vote.
m- Did you study whether law enforcement budget applied to Casino?
m- Did you research other jurisdictions?
a- No.
m- Did you discuss with council members?
a- Police chief validating increase, Chief Reese.
m- Decorum at council meetings disseminated to public? Definition of Ordinance 1060?
a- I'm sure I read it.
m- Hands to witness to read.
a- means, reads law of the Town.
m- In Ruston ordinance includes resolution correct?
b- Objection.
Judge - overruled.
a- Form of resolution formal statement.
- A back and forth of 3-1 or 4-1 vote required followed ...
Judge- Move on.
m- Did you make contributions to Ruston Connection?
a- not based on trust based on doing.
m- Did Mr. Fabre express himself inappropriately?
a- No he didn't.
b- What about section D?
a- Law in quotes. Ordinance in Town of Ruston when appropriate. Resolution as statement of policy.
b- Provided law may be resolution not mandatory Pl Exh 30 page 8. Look over 19B take a minute.
b- Is there a difference between an Ordinance and a Resolution?
a- Yes Ordinance law a resolution legislative act.
m- RMC (Ruston Municipal Code) defines quorum as?
a- You can insert law into resolution must come from something else. Rule does not create law.
b- Regarding agenda and minutes?
a- Agenda can be amended issues added.
b- Town clerks job to publish minutes?
a- Minutes not transcript of meeting. She did her best.
b- If something not in minutes possible?
a- Yes.
b- Study session on raising taxes?
a- Marcotte study entirely possible.
b- Utility tax increase?
a- Compared rates to Tacoma raised to maximum rates by law.
m- Discuss annexation to Tacoma to solve budget issues?
a- Reasonable step to discuss what terms available.
m- before raising Mr. Fabre's taxes did Ruston benefit?
m- Did you study tax records prior to tax increase?
a- 2-3 months but not year.
m- In 2008 unable to pay but you went ahead with tax increase anyway?
a- Other businesses affected.
m- Surplus fund was dropping?
a- No interest rate dropping.
m- Mr. Fabre problem paying with gambling revenue. You were trying to tap into one million dollars in gross revenue?
WITNESS Bradley Huson, Ruston Council member. (h)
m- Are you a part time resident of Ruston?
h- Yes.
m- Law enforcement at PDC&C same since gambling tax implemented? Did you research review gambling act? Did you do research on police response?
m- Did you state just the sight of Mr. Fabre makes your skin crawl?
h- Yes.
m- Did you have meeting with Mr. Fabre before before you were on council? Did you have prior contact with Mr. Fabre?
b- Objection.
Judge- Overruled.
m- Did you direct gambling tax increase to law enforcement?
h- No.
m- Did you have citizens asking you to increase taxes?
h- No.
b- Was this a temporary tax?
h- no.
b- Regarding gambling tax increase in 2008 did Mr. Fabre contact you?
h- Called on telephone. Dim recollection.
b- Procedures, procedural rules what understanding did council members have to make Dan Albertson responsible?
h- make it safe and orderly.
b- Any restrictions on council members?
m- Did you follow?
4:13 pm DAY ONE ADJOURN until tomorrow 9am.
Judge- to lawyers. No speculation to be considered such as annexation, dislike, oligarchy, cabal. Legal theory only.
My comment: Regarding unruly crowd. Attended all meetings remembering only one time crowd rushed the council to within four feet and that was when their own supporters, after after an EXECUTIVE SESSION they voted to not shut down the COMMENCEMENT, all rushed the council screaming "Do what we voted you in for!!!" I was not scared at all but thought it was rather hilarious.
One other time at a Study Session when they were discovered having secret talks with Tacoma to get rid of the Volunteer fire Department a huge crowd showed up to voice their displeasure and they quickly terminated the session and high tailed it out the door under police protection.
They always had their own agenda not serving the interests of the town.
-30-
DAY TWO next. On page 23 of 63. Stay tuned.
-30-
Please note:
No written or audio recording available. Transcript only on appeal. I have done my best but hard to keep up so post may not contain all testimony/arguments but I believe I have captured major points of interest.
This takes a lot of time be patient. Judge's decision may come before I can finish testimony. Judge very precise on issues both sides. Each side says they have the law on their side but Judge Cuthbertson makes the final determination.
Attorneys:
Joan Mell for plaintiff Steve Fabre. (m)
David Britton for defendant Town of Ruston. (b)
Judge- Deferring to Dan Alberton, sworn in (a)
a- Held official position as Ruston Council member 2007 thru 2009.
b- Obligation during that time, first discussed gambling tax?
a- Beginning 2008.
b- How many times gambling tax discussed?
a- Every meeting discussed enhancing revenues.
b- Review previous meeting notes?
a- yes. Minutes were a fraction.
b- Did you see Steve Fabre during 2007-2008?
a- I think he was at one meeting. I do believe one meeting.
b- Council began allowing public comments?
a- Always at end or beginning.
b- Was public comment moved?
a- Yes to end. At start every business item comment each business item. Meeting started 7 pm ran until 10 10:30.
b- Any meeting no public comment?
a- Not each business item. Any meeting we have quorum public attends.
b- Did Mr. Fabre attend council meeting regarding gambling tax?
a- No
b- Other contacts?
a- By phone 2-3 times. Answered once talked told him to put it in writing. Already had written letter including scheduled income tax.
b- defendant exhibit 10. Do you recognize?
a- Yes, letter Fabre sent with schedule D.
b- discusses impact doing poorly, partnership returns. 10 be admitted.
m- Objection. Witness has testified information private.
Judge- Sustained.
b- Letter addressed to?
a- Council members and Mayor.
a- Letter dated July 2 asked not to change taxes.
b- Admit def exh 11.
m- Objection same.
Judge- sustained.
b- Did you receive letter? Did they influence your decision?
a- Read plus attachment.
d- Mr. Fabre's profit/loss from 2008?
a- Knew he was losing money.
m- Grading tax scale rate 3 percent?
b- When was it imposed?
a- by Mr. Wheeler when in office.
b- How did that understanding affect your decision?
a- Was not favorable.
b- Out of business if tax increased?
a- Unlikely, gambling was small amount of overall revenue.
m- Million dollar gross what was net? Looked at town's problems not mr. Fabre's? How were town's finances?
a- Terrible. Entirely unsustainable.
b- If town to survive?
a- Surplus property fund used. Rainy day fund. Town was selling assets to survive. Only supposed to be used in emergency.
b- Budget, your understanding of revenue 2008?
a- Several months before tax increase, 600 to 700 per month.
m- Never saw $32 thousand per year over $30 thousand on an annualized basis?
a- general fund property tax biggest revenue.
m- What about pull tabs other gambling?
a- List not broken out. Unicorn pull tabs not broken out.
a- Gambling tax was across the board, increased all tax rates.
m- Increased tax how did it affect graduated rate?
a- Flat tax rate for pull tabs including any new business coming into town.
m- Card room gambling only enforcement?
a- Had police presence, subject came up. Don't remember well enough.
m- Was there concern on the council that tax money be dedicated to law enforcement, specifically gaming?
a- Not specific to gaming. Police budget went from $70 thousand dollars to $500 thousand dollars for police force. Huge amount of budget to police enforcement.
m- Issue of gaming when you ran for office? Was gambling an issue in campaign?
a- Background as a lawyer was significant. Was a topic in the town. Tax revenue came up.
m- Town of Ruston council procedures resolution. Did you help draft that?
a- Yes.
m- What was rule making procedures?
a- Meeting with council making proposed changes. Meetings got stretched out.
m- Were initially drafted when you came on council?
a- December 2007 one of immediate things.
m- Were they drafted and adopted by a super majority?
a- Version. No further changes adopted.
m- Did you at time of drafting take into account constitution of the State of Washington?
a- I can't say definitely.
m- Suppose council decides to outlaw all businesses in Ruston? What provisions are there for public comment?
a- Notice posted at town hall.
m- How would a citizen/business owner/resident hear other comments or influence legislation? How do you do this in a public forum?
a- Every meeting has comment period.
m- Any mechanism for public comment before council acts?
a- In regard to gambling in public comments earlier meeting.
m- Ordinance brought forward July 7. What time did citizenry have for comments? Tax rate?
a- I think 20 percent was floating.
m- Finally, as drafted rule 22 provides relevant party by motion, procedure for ordinances, rule 22 section8 day instituted by a majority of council plus one.Question is whether intent was before vote majority or majority present?
a- Calculated on number of members present. Impossible situation if Hedrick rule- four votes required you could have meeting not accomplish anything.
b- Ask about campaign environment prior to procedure rules?
a- Worst public display of public aggression I have ever seen.
a- Council members and mayor threatened got within four feet. Meeting stopped. Mayor stopped meeting. Fire chief had to persuade people to leave early. Never before seen at public meeting.
m- Why draft resolution not ordinance?
Judge - lead testimony as hostile witness.
m- No document communication of 20 percent tax increase before July 7th meeting.
a- Constant criticism of town clerk.
m- Refer to Terry Knapp comment. Public comment any reflection about notes not being accurate?
a-
1- On agenda but not on
2- Night adopted.
3- Public showed up and commented.
m- Who made motion?
a- I couldn't be there asked Wayne Stebner to motion 20 percent. Jane Hunt amended to 12 percent.
m- Ordinance 1253 referenced no political activity or need for law enforcement?
b- Objection.
Judge- overruled.
m- Was amount spent on Casino enforcement an issue?
a- Not subsequent to vote.
m- Did you study whether law enforcement budget applied to Casino?
m- Did you research other jurisdictions?
a- No.
m- Did you discuss with council members?
a- Police chief validating increase, Chief Reese.
m- Decorum at council meetings disseminated to public? Definition of Ordinance 1060?
a- I'm sure I read it.
m- Hands to witness to read.
a- means, reads law of the Town.
m- In Ruston ordinance includes resolution correct?
b- Objection.
Judge - overruled.
a- Form of resolution formal statement.
- A back and forth of 3-1 or 4-1 vote required followed ...
Judge- Move on.
m- Did you make contributions to Ruston Connection?
a- not based on trust based on doing.
m- Did Mr. Fabre express himself inappropriately?
a- No he didn't.
b- What about section D?
a- Law in quotes. Ordinance in Town of Ruston when appropriate. Resolution as statement of policy.
b- Provided law may be resolution not mandatory Pl Exh 30 page 8. Look over 19B take a minute.
b- Is there a difference between an Ordinance and a Resolution?
a- Yes Ordinance law a resolution legislative act.
m- RMC (Ruston Municipal Code) defines quorum as?
a- You can insert law into resolution must come from something else. Rule does not create law.
b- Regarding agenda and minutes?
a- Agenda can be amended issues added.
b- Town clerks job to publish minutes?
a- Minutes not transcript of meeting. She did her best.
b- If something not in minutes possible?
a- Yes.
b- Study session on raising taxes?
a- Marcotte study entirely possible.
b- Utility tax increase?
a- Compared rates to Tacoma raised to maximum rates by law.
m- Discuss annexation to Tacoma to solve budget issues?
a- Reasonable step to discuss what terms available.
m- before raising Mr. Fabre's taxes did Ruston benefit?
m- Did you study tax records prior to tax increase?
a- 2-3 months but not year.
m- In 2008 unable to pay but you went ahead with tax increase anyway?
a- Other businesses affected.
m- Surplus fund was dropping?
a- No interest rate dropping.
m- Mr. Fabre problem paying with gambling revenue. You were trying to tap into one million dollars in gross revenue?
WITNESS Bradley Huson, Ruston Council member. (h)
m- Are you a part time resident of Ruston?
h- Yes.
m- Law enforcement at PDC&C same since gambling tax implemented? Did you research review gambling act? Did you do research on police response?
m- Did you state just the sight of Mr. Fabre makes your skin crawl?
h- Yes.
m- Did you have meeting with Mr. Fabre before before you were on council? Did you have prior contact with Mr. Fabre?
b- Objection.
Judge- Overruled.
m- Did you direct gambling tax increase to law enforcement?
h- No.
m- Did you have citizens asking you to increase taxes?
h- No.
b- Was this a temporary tax?
h- no.
b- Regarding gambling tax increase in 2008 did Mr. Fabre contact you?
h- Called on telephone. Dim recollection.
b- Procedures, procedural rules what understanding did council members have to make Dan Albertson responsible?
h- make it safe and orderly.
b- Any restrictions on council members?
m- Did you follow?
4:13 pm DAY ONE ADJOURN until tomorrow 9am.
Judge- to lawyers. No speculation to be considered such as annexation, dislike, oligarchy, cabal. Legal theory only.
My comment: Regarding unruly crowd. Attended all meetings remembering only one time crowd rushed the council to within four feet and that was when their own supporters, after after an EXECUTIVE SESSION they voted to not shut down the COMMENCEMENT, all rushed the council screaming "Do what we voted you in for!!!" I was not scared at all but thought it was rather hilarious.
One other time at a Study Session when they were discovered having secret talks with Tacoma to get rid of the Volunteer fire Department a huge crowd showed up to voice their displeasure and they quickly terminated the session and high tailed it out the door under police protection.
They always had their own agenda not serving the interests of the town.
-30-
DAY TWO next. On page 23 of 63. Stay tuned.
-30-
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