Sunday, December 25, 2011

BUCK

Leroy "Buck" Linke passed away recently. Long time Ruston resident and Town employee.
A great and wonderful person who had knowledge of much of Ruston's history.
Used to meet Buck at the Ruston Market in the morning where he was a wonderful story teller.

Link failed:
LEROY LINKE
Leroy Linke 7/21/1924 - 12/19/2011 Leroy, 87, of Tacoma, passed away at St. Joseph hospital Dec. 19, 2011. He is survived by daughter Leaetta Galbreath, son Mark Linke, 3 grandchildren, Derek, Leroy, and Kristen, 7 grandchildren, 1 great-grandson, and 3 sisters, Lauretta, Bertha, and Marilyn.
Pub Date: 12/25/2011

Read more here: http://www.southsoundclassifieds.com/Obits/Listing.asp#storylink=cpy

Tuesday, December 13, 2011

NEVER NEVER TOWN

Ruston Town Council meeting November 7, 2011 7pm
Pretty routine:
Res 495 adopted Official Newspaper. Amid all the clatter I did not get the name of.
Ord 1344 Adopting Town of Ruston Annual Budget for fiscal year 2012 (first reading)
MAYORS TIME/COUNCIL TIME
This is where it got exciting!
Don't attend many council meetings but showed up on Nov. 7.
Cabal gone?
If you would of witnessed the arm waving and calls to shut it down (Point Ruston) you would soon realize they are not gone and still intend to inflict maximum damage and slow down tactics. Even threatening arrests and to ram the gate. The arch typical NIMBY Town.
Interesting the people on Stack Hill were not the ones complaining but one individual who lives about six blocks away and another three blocks away both on the Council.
The lights and noise are 90 feet down from the edge of Stack Hill and well away from the main part of Ruston.
This night work is rainy, cold and dangerous but hours are controlled and imposed by the EPA from midnite to 5am. This is still an EPA controlled site and Ruston has little say although you wouldn't know it by the caterwauling council.
And a funny point the rip rap restoration was all being done on the Tacoma side of the Point Ruston site.
For a fun night of entertainment and people making fools of themselves attend a Ruston town council meeting. A laugh a minute.
2011 budget deficit $306,000 Police budget $348,000 to $384,000 with support items. Makes sense to them I guess. For 100 years Ruston got along with one Town Marshall, yes ONE.
What is amazing is that half the meeting is counting on Point Ruston to save the town the other half how to close Point Ruston down.
Make sense to you?
Still to come on the budget deficit:
five law firms
mega lawsuits
jail costs - skyrocketing!
Total budget deficit they are not saying. But strategized delays forced Point Ruston to start building in Tacoma forestalling most taxes that will eventually be collected in Ruston.
Point Ruston - The Destination
A day late and a dollar short.
Get the picture they are dead broke and haven't got the message.
Time to bite the bullet and begin serious negotiations with the City of Tacoma and a bailout/take over. Recent improvements sewers/street light make a merger more promising possibility.

Previous council had the right idea but were not upfront with the Town's people conducting secret negotiations and back room deals. Remember we are bringing 12-15 people along? How could they have been so right and acted so wrong at the same time?
This was a grand old Town but in the last six years has taken a serious desultory wrong turn.
I never thought I would be on this side but the longer it remains the more serious damage it can cause meaning the Town of Ruston.
More on Ruston Home blog: Tuesday, December 6, 2011
Ruston School For Sale Again?
The proverbial white elephant soon to be mothballed. Remember they sold the lower parking lot for three or four million dollars to keep the Town afloat this long. But the aged school building may be beyond redemption. Wow a mega apartment site? That would rattle a lot of cages.
It can't go on much longer. Under paid and over worked Town employees pushed to the breaking point? Serious health disability problems waning.
Give up the ghost. There are no more ASARCO freebies. Welcome to the Ruston district of Tacoma! Let's get it on, full steam ahead, with Point Ruston the jewel on Commencement Bay.

Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Deborah Kristovich, Lyle Hardin, Jane Hunt
Attorney, Carol Morris
Planner, Rob White
Clerk/Treasurer, Myriah Mesa

A tad late but better late than never.
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Thursday, August 18, 2011

RUSTON SEWER PROJECT

Towm meeting Ruston Sewer Project August 17, 2011 7pm

Moderator was Jerry Morrissette, Town Engineer
Attendance was around 20 Towns people including:
Mayor, Bruce Hopkins
Council persons, Lyle Hardin and Jane Hunt
Former Council Persons Bob Pudlo and Dan Albertson
Town contact person Steve Taylor
Project persons, Jerry Morrissette, Dan Ozier and Charlie Severs.

After a presentation meeting was opened up for questions from the public.
My notes follow.
I&I, inflow and infiltration, storm water into sewer system causes overload at treatment plant in Tacoma is major problem.
Current sewer pipe 4-6 inches not up to code.
Funding for project from USDA (Department of Agriculture)rural development program.
Low interest rate loan over 40 years.
Will be a separate website for sewer project linked from town website (not active yet).
Houses built prior to 1970 need side sewer laterals replaced.
Permit for work available at Town Hall. Fee $90 dollars (lateral to main).
Can do work ahead of time.
Contractor schedule better detail than normal.
Due to railroad permitting some work not completed until August 2012.
J R Rodarte is prime contractor, no laterals.
Will use trenchless technology.
Steve Taylor is contact person.
Cost of lateral $1 thousand dollars to $3 thousand dollars with median at $1,500 dollars.
Cost will vary due to topograpy: trees, stone walls, etc.,
Adapters are available for difficult connections.
Cost on utility bills $5 dollars per month per home owner.
Town has done long range planning for cost reduction.
Timing of rate increase up to the Town Council.
Commercial street patch only no repaving.
Town has aerial map of sewer showing where to conncect.
Some alleys closed two to four weeks.
Garbage collection will be on street until finished.
Steve Taylor made comment time will be shorter than that.
Jerry we have to use worst case to avoid problems.
Alleys at 51st street and Rust Way.
How long will sewer service be out?
Momentarily, up to one hour.
Check website out for details.
Will be given 48 hours notice.
Plumbers responsibilty to know codes.
Questions can be posted on website or contact Steve Taylor during business hours.
Repave 49th street with asphalt.
City of Tacoma replacing main.
No alley in back of 49th street. Access will be limited. Will need to park elsewhere and walk. One lane open with flaggers will limit access to Pearl street.
Could have water problems with winter work.
Completion scheduled for October 2012.
Work has to be done and public patience appreciated.
Different crews may do sections one and three simultaneously.
Comment neighbors may charge five dollars to park in their yard brought laughter from crowd.
Project contact Charlie Severs 360-481-4144.
When it wwas pointed out that was long distance there was talk of getting an 800 number or using email. (Not all residents have computers)

Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Deborah Kristovich, Lyle Hardin, Jane Hunt
Attorney, Carol Morris
Planner, Rob White
Clerk/Treasurer, Myriah Mesa
Fire Chief, Don Torbet
Police Chief, Jeremy Kunkel
Electrician, John Parker
Electricial Engineer, Mo Fesharaki
Engineer, Jerry Morrissette
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Tuesday, July 5, 2011

ORDER ON SUMMARY JUDGMENT

Steve Fabre, individually; and Point Defiance Cafe and Casino,LLC;
Plaintiff
v.
Town of Ruston, et al.
Defendants

The Honorable Edmund Murphy in the Superior Court in the State of Washington in and for Pierce County,
County-City building room 822 June 24, 2011 1:30 pm

CLERK'S MINUTE ENTRY

Steve Fabre v. Town of Ruston June 24,2011 Order on Motions for Summary Judgment.
Pretty perfunctory except one council person had separate counsel.




Friday, June 24, 2011

RUSTON LOSES

Steve Fabre v. Town of Ruston June 24, 2011 1:30pm room 822 Judge Edmund Murphy: Motion to Dismiss
The former Mayor Council skate today. Dismissed from case.
Ruston not so lucky trial will go on for negligence, tortious interference, post Cuthbertson and 1253. Damages will be assessed at trial on NINE MILLION DOLLAR CLAIM.
They just could not leave well enough alone and poked the sleeping dog thinking it was a dead horse.
The judge held that Ruston Mayor/Council had legislative immunity dismissing all claims against individual defendants.

Res judicata or res iudicata (RJ), also known as claim preclusion, is the Latin term for "a matter [already] judged",

Res judicata claim by defendant Town of Ruston dismissed. Cuthbertson (Judge) dismissed claim. Ruston took no action to enforce new claims or actions.
Plaintiff res judicata upheld.
Grant each partially. No action on after Cuthbertson not repealed until December 10. Only Ruston argument.
Town shifted to Social Card games after declatory decision.
Summation of discretionary acts followed.

Claim for damages will go forward.

Plaintiff conversion, estoppel, abusive process dismissed.
Negligence, tortious interference will continue to trial.

My take is that the Town of Ruston should of quit when they were ahead. But the present council pressed on with Social card games then changing to house banked social card games in their haste to close the Point Defiance Cafe and Casino and its house banked card games including an illegal referendum.

The Casino and Steve Fabre may be made whole again but the damage to 35-40 employees and their lives cannot be repaired.

When you go "all in" with your credit card bad days are ahead. How bad will be decided on 06/04/2012 DEPT 09 - JUDGE MURPHY (Rm. 822 ) Confirmed 9:00 Trial (5 days).

Stay tuned for happenings along the way. CLERK'S MINUTE ENTRY will be posted when available.
One less law firm to pay but still legal bills will be substantial. A claim settlement is a definite possibility.
AWC, Association of Washington Cities, must be stone deaf not to pay attention to these thundering claims and lawsuits they have to pony up for.

Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Deborah Kristovich, Lyle Hardin, Jane Hunt

Thursday, June 23, 2011

FABRE VS. RUSTON

Steve Fabre V. Town of Ruston

Decision tomorrow June 24, 2011 Judge Edmund Murphy room 822 1:30pm County City building 8th floor.

Took notes but mainly legalese some judge Edmund Murphy's comments here as best as I could write them down. Not literal but my notes.
0)Services and claims notice not responded to.
1)Issues as covered by this motion such as Public Immunity addressed today. Find good reason to continue Summary Judgment motion, opportunity for discovery.
2)July 7 statute starts to run.
3)to Rosen: What do you mean.
4)Almost like amicus brief or advocate for Mr. Fabre. Court must make judgment. Not going to strike Miller declaration even though full of opinion.
5)Mr. Fabre attached declaration.
.Defense has relied on same defenses.
.Respond to each Fabre issue.
.Globally or directed by court.
.Actual factual statements.
6)(Stella) Same as Miller. You are giving it weight in response to Summary Judgment motion. Motion to strike positions, opinions, conclusions, his interpretations agree with defendants not fact but opinion. Grant motion to strike part of declaration but not strike attachments, exhibits attached to declaration.
7)(Mell) Strictly construed. (He is licensee)
8)2:55 pm 10 minute break.
9)(Underwood) After Cuthbertson ordinance was repealed. What was going on?
10)Except Mr. Fabre has closed down certain parts of business. February 15 to appeal.
11)Damages not adjudicated in previous trial.
12)(Rosen)Police should pencil out much money needed, ministerial action.
13)Individual motions by defendants.
14)Jennifer Underwood gets last word.
15)Thanks everybody. No decision today. Think about arguments date to come back. Parties available afternoon of 24th Friday. Decision then.
Ends 4:15 pm.

MOTION TO STRIKE Clerks minute entry:

SLEEPY TIME IN RUSTON

Ruston, WA Regular Council Meeting June 6, 2011 7pm:

Lasted two hours 25 minutes with Executive Session cancelled. Left at 8:06 still on
Agenda item #1 Sewer Bid Award
Main item in Jerry Morrissette's presentation was urgency. Needed to be approved tonight. Notice to contractors 45 days. Costs could triple if we don"t do this now. If we don't do it now must involve Tacoma. Engineer recommends approval.
Passes 4-0.

For more extensive notes from Town of Ruston, WA website click here.
This is Municipal Reference Library then Minutes archived for June 20, 2011 contains June 6 minutes.

Agenda follows:

STAFF MEETING

Staff Meeting Agenda June 6, 2011 3:30pm. New one on me. No minutes available. FYI only.

Tuesday, May 17, 2011

LAND USE updated 6-

Ruston regular council meeting may 16, 2011 7pm:

DID NOT ATTEND. Will get some info up when available. Agenda inclosed.


Minutes of May 16, 2011 meeting here Municipal Referemce Library then minutes archived. You want June 6,2011 for May 16 minutes.

Saturday, May 14, 2011

DECLARATION OF JASON M. ROSEN

More on Steve Fabre v. Town of Ruston and the Town's contribution to supporting the four law firms it currently employs. This case appears to be of dubious benefit to the citizens of the Town of Ruston.

All information on this case including dates and times and locations available at:
Pierce County Legal Information Network Exchange LINX

Monday, May 9, 2011

DECLARATION OF DAN ALBERTSON

The ongoing trials and tribulations of the Town of Ruston, WA and the four law firms they employ to protect their 700 citizens. In regard to:
Pierce County Superior Court Civil Case 10-2-15634-3
Case Title: STEVE FABRE VS. TOWN OF RUSTON
Case Type: Tort - Other
Access: Public
Track Assignment: Complex
Jury Size: 12
Estimated Trial Length: 5.0 days
Dept Judge: 09 EDMUND MURPHY
Attached is the declaration of former Town official Dan Albertson.


DECLARATION OF ROBERT EVERDING

The ongoing trials and tribulations of the Town of Ruston, WA and the four law firms they employ to protect their 700 citizens. In regard to:
Pierce County Superior Court Civil Case 10-2-15634-3
Case Title: STEVE FABRE VS. TOWN OF RUSTON
Case Type: Tort - Other
Access: Public
Track Assignment: Complex
Jury Size: 12
Estimated Trial Length: 5.0 days
Dept Judge: 09 EDMUND MURPHY
Attached is the declaration of former Town official Robert Everding.

BOND SOLUTION

Town of Ruston, WA Regular Council meeting May 2, 2011 7pm.
Mayor Bruce Hopkins absent Jim Hedrick appointed Mayor Pro Tem 4-0.
There was a Public Hearing at 6pm I did not attend entitled:
1. Proposed Electric Rate Increases for 2011 and 2012
AGENDA amended to remove item 1 and move item 2 to item 1 passes as amended 4-0.
PUBLIC COMMENTS
Jim- (only person in attendance outside presenters) made comment that depositions were underway in POINT DEFIANCE CAFE & CASINO v. TOWN OF RUSTON. (This was in error DECLARATIONS are underway not depositions.)
DECLARATION - "An unsworn statement of facts that is admissible as evidence."
Agenda Item No. 1 - Investment Presentation - Lynn Syler with RBS
This was a dual presentation with Lynn Syler and Rhonda Smith with RBS.
.Solutions for Town of Ruston.
.This is about wealth management.
.Rhonda - in finance 25 years.
.Lynn - in finance 20 years.
.Emphasize safety, protection and security.
.Rates are currently at very low levels.
.RBS is double AA rated , oldest firm.
.We are a subsidiary of RBC, Royal Bank of Canada.
.Confidence to help clients.
.Point out firm is regulated, oversees what we are doing.
.Good for Town of Ruston to have professional oversight.
.1. Commercial based, pay markup up front, one time fee.
.2.Over one million dollars pay a management fee.
.Lynn has a longer term plan when interest rates rise.
.3.Couple of ideas.
.a.Sit down and talk about structure of bonds cash flow.
.CD FDIC insured maximum $250 thousand dollars insured, average return.
.b.MUNICIPAL BONDS tax free. Look at in combination with CDs pay two percent.
.More income for Town. Can be sold.
.Four million dollars based on 1.5 percent earns $60,000 annually.
Lyle- Munis little higher return?
.Muni Bonds annually pay one half percent.
.Lyle- Access to best bonds out there AA and higher?
.Important factor safe bonds, highly rated.
Jane- Handle Municipal, non profit?
.Yes.
Jane- Keep $1 million dollars liquid?
Lyle- Stay under 24 months?
.You give us parameters we build model.
Jane- Like to see the numbers?
Lyle- Help with financial statement?
.In financial crisis we are a regulated firm.
Lyle- $500 thousand dollar bond, three years income, work with cash flow?
.Hope to get higher rate it rates go up, ladder rates.
LADDER RATE "A strategy for managing fixed-income investments by which the investor builds a ladder by dividing his or her investment dollars evenly among bonds or CDs that mature at regular intervals such as every six months, once a year or every two years."
Note: Still having a hard time hearing and getting everything down. More exact notes are available on the Town of Ruston website under Municipal Reference Library/Minutes Archived.
MAYOR'S TIME
1.
.Easter egg hunt well attended.
.Thanks Bradley Huson for time and effort.
.Thanks all the volunteers.
.Was well worth it.
.Thanks Jane Hunt for putting out flyers.
2.
.Very serious arrest of alleged arson, fire suspect detained.
.Police Force we have is outstanding from Chief on down.
.Very proud to work with Ruston Police Department.
.Contract with Point Defiance Park shows lots of respect, admiration for Ruston PD.
.Very pleased with our situation right now.
COUNCIL TIME
Bradley (hard to hear, low voice) Will not stand for reelection when term is up. Have bought waterfront property out of county and hope to semi-retire. Town has changed.
Jane- Congratulates Ruston PD Officer Vic Celis. Proud of our PD.
Lyle-
.Thanks Bradley for many volunteer projects.
.Thanks Patti (wife) for volunteer signup sheet.
.Thanks Ruston PD for catching alleged arsonist.
Note again for complete notes at Town of Ruston website under Muncipal Reference Library/ Minutes Archived .
ADJOURN at 7:48pm.

Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Deborah Kristovich, Lyle Hardin, Jane Hunt
Attorney, Carol Morris
Planner, Rob White
Clerk/Treasurer, Myriah Mesa


-30-

Wednesday, April 27, 2011

NINE MILLION DOLLAR CLAIM

AMENDED TOWN OF RUSTON CLAIM FOR DAMAGES
July 7, 2008 to the present date and ongoing into the future.
Steve Fabre and Point Defiance Cafe and Casino, LLC claims damages of and from the Town of Ruston in the sum of $9,170,000.00.

This all started when two Ruston residents walked into the Point Defiance Cafe and Casino and peremptorily ordered the business' sign removed. Later when elected/appointed to the town council a large tax increase was voted into law by the town council basically putting the gambling side of the Cafe and Casino out of business. A lawsuit ensued and the plaintiff held that the ordinance was void as the council acted outside it's authority. The judge decided in favor of Steve Fabre and the Point Defiance Cafe and Casino.

The Town decided to try again passing a resolution for a Referendum on whether the Town of Ruston should outlaw gambling. Problem was the Town did not have the authority to ask for a referendum. So a second lawsuit Steve Fabre v. Town of Ruston is ongoing. This could be a very expensive lesson in carrying out the wishes of a select group at the expense of the Town.

Attached is amended claim as the Town so far has failed to produce original claim saying that they cannot find it?











GREAT COST (updated)

Legal bills for the Town of Ruston are large and could be dramatically larger soon. Ruston WA a town of 700 approximately now employs four law firms. Wow! I have tried to stay away from lawyer names as the Town Council is responsible for these large sums and the barristers merely do their bidding.
The Town pays or has paid $60 thousand dollars a year for a Town Attorney. All of the following charges are in addition to in house legal charges. The following were obtained through a PRR (Public Records Request) and are not necessarily in any order. It would take a huge amount of time and effort to show all pages. Judgments are not included.

Fabre v. Town of Ruston June 2008 through Jun 2010
$23 thousand and $468 dollars and .05 cents ($23,468.05). Still ongoing.

Fabre v. Town of Ruston July 2008 through December 2008
$6 thousand and $713 dollars and .80 cents ($6,783.14).

Boundary Review September 2010 through December 2010
$3 thousand $590 dollars ($3,590.00)

Commencement March through April 2009
$353 dollars ($353).

Whoa. Just realized I did not go far enough back and am missing the Commencement lawsuit referred to as the 'Ballet lawsuit' where they tried to evict the Commencement from the Mary Joyce center to hold ballet classes. The judge ruled for the Commencement which held a 500 year lease on the premises and the Town had to pay costs for both sides.

Baumgardner March 2009
$692 dollars.

Huitt-Zollars February through June 2010.
$1,455 dollars ($1,455.00)

Leider/Point Ruston March through June 2009
$5 thousand 407 dollars ($5,407.00)

Liability Insurance July 2009
$1 thousand 949 dollars ($1,949.00)
Compensation for increase in liability insurance coverage limits.

AWC RMSA assessment for 2011
$45 thousand 482 dollars ($45,482.00)
"As you review your enclosed 2011 assessments, please remember that your rates reflect $10 million in liability coverage."
Formerly was $5 million. Wonder why they doubled it?

Please leave comment if I missed any or corrections or meet at next Regular Council meeting May 2. Clue read next post Fabre claim.

Next Fabre claim amended.

PAGODA FIRE UPDATE

Teen held in pagoda fire BY STACEY MULICK; Staff writer TheNewsTribune
Published: 04/26/1112:05 am
Ruston Police Officer Vic Celis made the arrest. KIRO-TV channel 7 carried the story as its lead/

POINT RUSTON AHOY

Ruston WA regular council meeting April 18, 2011 7pm.
STAFF REPORTS
Fire Chief Don Torbet-
.Have new jackets pretty spiffy.
.Addresses on Commercial street are out of order.
.Former Wingard property has 5300 numbers should be 5400 numbers.
.Example 5328 is across the street from 5401?
.Important to change numbers for emergency.
.Ambulances will have problems.
.Residents post two numbers inside mailbox for postal carriers.
.Causes real problems.
Bruce- Town staff is working problem.
Jane- How will post office handle problem?
Police Chief Jeremy Kunkel-
.Expresses gratitude to Kevin Mosier for redoing perimeter doors at station.
.Makes all feel a little bit safer.
.Raised $2,500 dollars for Special Olympics.
.Additional fundraiser at Tacoma Mall May 29, 30 and 31.
.Website is active to report minor thefts.
.Not to replace direct contact for serious emergencies.
.Tacoma Marathon May 1st.
.Runners starting 8:30am until 11:30am.
.Ruston tunnel and 51st street closed.
PUBLIC COMMENTS
Jim-on dangers in buying long term bonds.
BUSINESS
Agenda item 1. Point Ruston Update - Loren Cohen
.Permit activities much smoother.
.Water lines Tacoma Power finished in phase one.
.Second phase will include storm water and lighting.
.Will issue public bonds.
.Eight acres esplenade property line to Yacht Club on penninsula.
.In discussion with City of Tacoma.
.$16.5 million dollar bond sale.
.Leverage us with $5 million dollar LID.
.Reimburse with public funds..
Mayor-
.You are last one standing.
.Want to see property remediated and completed.
Jane- Any activity on commercial lease?
Lyle-
.Sweet spot for us.
.Best property in region.
.Silver Cloud and theatre.
JimH-
.Leverage for eight acres.
.Have asset at completion.
.Still don't see what City of Tacoma gets out of it.
Lyle-
.15 foot access across property.
.Impressive access to public.
Jane- Roundabout this summer. a:YES.
Deb- Road?
Loren-
.Late early July road.
.Ruston Power in phase two.
.Make formal proposal or not?
Note: If seems incomplete it is best I can do. Hearing is difficult.

Agenda item 2. Consideration of a "Call for Bids" for the USDA-RD Funded Sanitay Sewer Improvements for the Town of Ruston
Dan Osier in for Jerry Morrissette:
Bradley - authorize Town of Ruston to call for bids. Passes 4-0.
Agenda Item 3. Electric Utility Rates- Establishing date for public hearing on rate increases for 2011 and 2012.
Council- Study Session before next meeting May 2 at 6pm.
CLAIMS/PAYROLL passes 4-0
MAYOR'S TIME
Bruce-
.Latest on COMMENCEMENT:
.USBANK has asked for list of improvements to occupy building.
.Steps necessary for building permits.
.Parks may acquire building mark it down.
COUNCIL TIME
Bradley-
.Fire investigation in Pagoda fire suspicious circumstances.
.Redo Parks security agreement with Town of Ruston.
.Do not sign security agreement.
.Previous fire at Never Never land.
.One thing after another down there.
.Free coffee at Town hall read in Newsletter.
JimH-
.Large pothole.
.Citizen provided barricade.
.Need to fill in.
Loren- Use crushed rock asphalt.
JimH-
.Can't get new road in fast enough.
8:47 Adjourn
Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Deborah Kristovich, Lyle Hardin, Jane Hunt
Attorney, Carol Morris
Planner, Rob White
Clerk/Treasurer, Myriah Mesa
Fire Chief, Don Torbet
Police Chief, Jeremy Kunkel
Electrician, John Parker
Electricial Engineer, Mo Fesharaki
Engineer, Jerry Morrissette

BONDS AWAY

Playing catchup. Not much to report last two council meetings business pretty sparse.
Ruston Regular Council meeting Monday April 4, 2010 7pm.
PUBLIC COMMENTS
none
BUSINESS
Agenda item 1. Investment Presentation - Paul Jarvis with Time Value Investments
Mayor-
.Why are returns so poor?
.What would be average return of four million dollars over four years?
Paul- 40 minite mismash on selling bonds emphasizing three year bonds.
Mayor-
.You could talk all night long.
.Do you have any recommendations for us?
Paul-Two years makes no sense. Three years is better.
Mayor- Discuss internally bring forth resolution at next council meeting.
Paul-Money stays in USBank.
Mayor-to Paul, you and I will talk tomorrow 10am.
Paul-Bring go over account paperwork.
MAYOR'S TIME- Nothing at this time.
COUNCIL TIME-
Lyle-
.Thanks Chief Torbet for tree ceremony.
.Friends and relatives of Phil Parker in attendance.
.Thanks Bradley Huson for procuring trees.
.Thanks Beth Torbet, Karen Pickett for plaque in ground.
.Thanks Don Torbet for fixing microphones and speakers.
Adjourn 8:02
Note: Public speaker microphone comes in loud and clear. Still difficult to hear council members and just get snippets of some comments. Jane and Bradley almost impossible to hear.
Following is a followup email sent to the Mayor and Council Members regarding buying bonds and the pitfalls that are presented:

Bonds are very dicey right now. Standard and Poors just down graded USA credit rating to NEGATIVE. Could send interest rates out of sight. Congress is at a showdown with recession depression.
Bonds can go up and down.
Up if interest rates decline. Currently at bottom chances going up NIL.
Down if interest rates go up VERY LIKELY.
Never buy CALLABLE bonds only benefits seller usually offers slightly higher interest rate.
We are in a perilous time. Keep money in several banks or buy 6-month treasury notes. NOTE:6-months.
Three year notes are guaranteed to price decline at which time you sell at a loss or in three years get your original investment back less INFLATION.
Think of principle preservation not interest rates which theoretically capture price inflation.


Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Deborah Kristovich, Lyle Hardin, Jane Hunt
Attorney, Carol Morris
Planner, Rob White
Clerk/Treasurer, Myriah Mesa
Fire Chief, Don Torbet
Police Chief, Jeremy Kunkel
-30-

Thursday, April 21, 2011

PAGODA FIRE UPDATE

Point Defiance Pagoda fire pictures TNT

Point Defiance pagoda insured, might get upgrades following assessment by Stacia Glenn The News Tribune staff writer 4-21-11

Coming next update on Casino.

Thursday, March 24, 2011

LAWYER UP

Town of Ruston regular council meeting Monday, March 21, 2011 7:00 PM

Skipping ahead to Business will finish later.

BUSINESS
Agenda Item 1. Introduction of Chris Hilgenfeld - of Davis, Grimm, Payne & Maara
Chris-
.Lawyer for personnel issues representing Employers 10 years experience.
.Located in Seattle.
Agenda Item 2. Resolution 487 Authorizing the mayor to enter into an agreement for legal services with Davis, Grimm, Payne & Marra
passes 5-0.
Agenda Item 3. Point Ruston update
Presentation by Jerry Morrissette, Town engineer
.Met 10 days ago with Cohens
.regarding sewer and electrical, roadway drainage plans and landscaping plan
.Not approved yet but very close.
.Like to have permitting done by April.
.Construction soon after.
.Tunnel closed June-July.
.Mylar plans meeting with Tacoma.
.LID add conditions of approval.
.Making good progress.
.USDA provisions.
.Present at Regular Council meeting.
.Shooting for May 25th 2 PM at Town Hall opening of bids.
.Analyze bids and make recommendations on June 5th Regular Council meeting.

All for now. Very hard to hear so there may be gaps.

Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Deborah Kristovich, Lyle Hardin, Jane Hunt
Attorney, Carol Morris
Planner, Rob White
Clerk/Treasurer, Myriah Mesa
Fire Chief, Don Torbet
Police Chief, Jeremy Kunkel
Electrician, John Parker
Electricial Engineer, Mo Fesharaki
Engineer, Jerry Morrissette

Wednesday, March 9, 2011

SWEET NOTHINGS

Ruston, WA town council meeting March 7, 2011 7pm
Short and sweet, half an hour. Way to go.
Absent Bruce Hopkins, Bradley Huson and new Town Attorney Carol Morris
Mayor pro tem Him Hedrick unanimous vote.
AGENDA APPROVAL
Lyle-
.Ordinance 1327 this is not second reading.
.Move to remove Ord 1327 from agenda.
Approved 4-0.
Agenda as amended approved 4-0.
MINUTES
Minutes for Feb.22, 2011 approved as amended 4-0.
(Note: minutes for Feb.7,2011 skipped over.)
GENERAL PUBLIC COMMENTS
Jim-
.Overhead light on entry stairs still burned out.
.Provides a hazard.
.Offers to donate a light bulb but isn't tall enough to replace burned out bulb.
.Speakers installed to comply with ADA standards are not working.
???- Could not get name or complaint but had something to do with permitting. Will update when minutes are provided.
BUSINESS
1. Ordinance 1327 Amending chapter 5.10 of the RMC. relating to utility tax rates (second reading)
Agenda item removed earlier.
2. Resolution 485 - Appointing Kathy Brown to the Planning Commission for a term ending July 1, 2014
Approved 4-0
3. Resolution 486 - Appointing Richard Shores to the Civil Service Commission for a term ending May 2, 2016
Approved 4-0
4. Resolution 487 - Appointing Julie Martin to the Civil Service Commission for a term ending May 2, 2014
Approved 4-0
5. Establishing Dates for Code City Discussion
.Need new Town Attorney present.
.Need study session or two.
Lyle-
.Authority of Town versus City.
.Referendum had no authority.
.Questions to ask:
-What does Code City mean?
-Legal to cross districts?
-Any General Public questions?

*WORKSHOP Thursday April 21, 2011 7pm at Mary Joyce Community Center
*STUDY SESSION Tuesday April 29th 7pm at Mary Joyce Community Center

CLAIMS/PAYROLL approved 4-0
MAYOR'S TIME Absent
COUNCIL TIME
Jane - inaudible.
Lyle-
.Moved to Google apps 8-9 months ago.
.Remain with LESA
.Speaks directly to council - inaudible.
.Email archiving moved to EMAIL ARCHIVED?
(not sure if app or Town website.)
Lyle-
.Tree dedication for former Mayor Parker success.
.Thanks Beth Torbet and Karen Pickett for their support.
.Town is accepting funds for a plaque.
7:32 ADJOURN 4-0
(For full notes Disk available from Town for $5.00 I believe.)
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Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Deborah Kristovich, Lyle Hardin, Jane Hunt
Attorney, Carol Morris
Planner, Rob White
Clerk/Treasurer, Myriah Mesa
Fire Chief, Don Torbet
Police Chief, Jeremy Kunkel
Electrician, John Parker
Electricial Engineer, Mo Fesharaki
Engineer, Jerry Morrissette

Wednesday, February 23, 2011

SEWER CONNECTION

Ruston Town Council meeting February 22, 2011 7pm:
Short and sweet. Deb Kristovich absent.
AGENDA approved as amended 4-0. Could not hear amendments as they sit on an elevated stage to the back out of earshot. By deduction:
Ordinance 1329 Sewer Bond Anticipation Note (first reading)
first reading bypassed to be heard as second reading.
Resolution 484 Town of Ruston Agreement to provide Security Services to Metro Parks to be heard at a future meeting.
MINUTES No minutes available at this time.
STAFF REPORTS
Fire Chief Don Torbet
.Completed training house burn.
.Agreement among fire fighters training better than all class training.
.No accelerants were used.
.Enough fire hoses to protect neighor houses and garage.
.Eight call last month.
.Three fire fighter applications. Doing background checks.
.Be at full strength soon.
Lyle-Question on adjoining house?
.Yellow house paint missing. Not sure if caused by pressure washing or training burn.
.Lead agency was Bates.
.Not aware of any claim made.
Police Chief Jeremy Kunkel
.Having issues with 911 calls.
.People calling office and not leaving a message. Hear about days later.
.People should dial 911 if an emergency in progress.
.Non emergency call 253-798-4721.
.Office phone 253-761-0272.
.Non emergency call residents on vacation, garage door open and vehicle in driveway. Turned out to be son of owner moving furniture. They were very greatful for police investigation and neighbor watching out for absent owner.
.Go cart caught on fire leaky gas line.
GENERAL PUBLIC COMMENTS
Jim-Cannot hear all council persons. Have had several months to comply with ADA (Americans with Disabilities Act) standards. Speakers placed at front of stage are not functioning.
Sherri-Thanked fire department for training burn. Saw truck in meridian unloading huge beautiful tree. Thanked Bradley for his assistance and volunteer maintenance.
BUSINESS
Ordinance 1329 Sewer Bond Anticipation Note (first reading)
Bradley motion Jim second to bypass first reading passes 4-0
Bradley motion Jim Second to pass Ord. 1329 as second reading.
David Thompson, K and L Gates, bond counsel:
.This is a long term low interest USDA loan from the Department of Agriculture.
.Town must get private financing for construction.
.Tonight you are approving a promissory note to US Bank to pay cost of contract.
.No interst will be charged until money used.
.Interest rate variable at 84 percent of prime rate.
.Basically approving long term financing.
.Bond approval expires March 1st.
.Need to get this done before deadline and deliver to bank.
Jane-this is a 24 month loan?
.Bank will extend.
Jane-have to setup a note fund? How much?
.No pre pay just for accounting purposes.
Lyle-Interest on short term loan two year maturity. How is interest accrued?
.Interest rate changes month by month. Each draw payable over 60 months.
Jim-Administration fee? Fixed rate not available?
.Not sure if allowed.
Bruce-Commercial note?
(Please note I cannot hear all that is said even though in the front row. Please verify details or questions with Mayor or Council person. Doing the best I can.)
Mayor-We are waiving first reading therefore must pass 4-0.
Passes 4-0.
To read entire Ordinance 1329 on Town website click here.
Resolution 483 - Recognizing a Tree Dedication Ceremony Honoring Past Mayor Phil Parker
Lyle-
.Pre dedication ceremony by Patty Mannie.
.Appreciate time and effort by Bradley to pick tree and location.
.Mayor Bruce Hopkins also dedicated his time.
.Thanks to both of them.
.Three people in Town on Committee: Karen Picket (former council person under Mayor Phil Parker), Beth Torbet (President of Business District) and Don Torbet (Fire Chief)
>Deb Kristovich arrives to welcome from mayor.
Bradley-Uncomplimentary comment (not printed)
Passes 5-0.
Resolution 484 - Town of Ruston Agreement to Provide Secutity Services to Metro Parks
Moved to future Council meeting I presume.
CLAIMS/PAYROLL passes 5-0.
MAYOR'S TIME
.Council person Bradley Huson thank you for assistance in tree planting.
.Sewer project moving extremely quickly.
.Great legal advice, bank cooperation.
.Bank of America refused loan so migrated Town business to US Bank.
.to Lyle hardin, you are my hero, for providing extensive time and technological services to Town.
.Will be able to post comments on Town Website.
.Have an application for Planning Committee.
COUNCIL TIME
Bradley-nothing.
Jim-
.Need to renegotiate rate for Court Clerk
Mayor-Collective Bargaining agreement.
.Also garbage rates, times, pickup.
Mayor-Getting equipment.
Jane- inaudible, low voice.
Lyle-nothing
Deb-nothing
ADJOURN AT 7:40pm. Motion passes 5-0.
Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Deborah Kristovich, Lyle Hardin, Jane Hunt
Attorney, Carol Morris
Planner, Rob White
Clerk/Treasurer, Myriah Mesa
Fire Chief, Don Torbet
Police Chief, Jeremy Kunkel
Electrician, John Parker
Electricial Engineer, Mo Fesharaki
Engineer, Jerry Morrissette
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Monday, February 14, 2011

COMING ATTRACTIONS

Briefly MOTION FOR ORDER OF DEFAULT was cancelled via Web - Issue resolved on 2-4-11.

The much vaunted new online system for filling PRR (Public Records Request) seems to have gotten sidetracked. Thirty day delays seems to be the norm. Four PRR requests are in progress and will be reported upon on completion.

Particular interest is the dues paid by the Town of Ruston to AWC (Association of Washington Cities) who is footing the bill for these anti Point Defiance Cafe and Casino lawsuits. Ironically there was no benefit to the Town of Ruston for these actions in fact their largest taxpayer was forced to close its primary business. Why AWC is involved at all is a good question?

Four current PR Requests follow:






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Wednesday, February 9, 2011

COMMENCEMENT

Latest on the Commencement condominium project here from the News Tribune byline John Gillie: Staff Writer.

The Commencement condominium Project brought down the wrath of the Town and made it possible for a group of newcomers to take over the Town government. Six years of harrassment followed. Victims also were the Point Defiance Cafe and Casino and 30-45 of it's employees as well several holdover council persons, the Mayor and the Town Clerk.

Notwithstanding the Town gratuitously accepted the $4.3 million dollars they received for the land sale of the lower parking lot at the old Ruston School. This money supports the Town to this day making possible new street lights and the upgrade of the Town's 80 year old sewer system.

It looks like it may be coming to an end as a settlement may be possible with the new Council and the passage of Ordinance 1328 repealing Ord. No. 1316 referendum regarding Social Card Games. Ordinance 1326 previously repealed the gambling tax increase after the Town lost a lawsuit concerning same.

The legal fees on the Point Defiance Cafe and Casino must be staggering and I will report on them as soon as my Public Records Request is fulfilled. The law firms involved are a who's who of law firms stretching from Spokane to Tacoma to Seattle. All because two Ruston citizens who eventually ended up on the Town Council ostensibly, disliked their sign.
Calls for a "bedroom community" soon echoed in the Town hall.

Much more to come!!! Stay tuned. Rectitude sometimes comes at a high price unless, of course, it is not your own money! Then it is free.

Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Deborah Kristovich, Lyle Hardin, Jane Hunt
Attorney, Carol Morris

Sunday, February 6, 2011

ANSWER OF DEFENDANTS

Fabre et al. v. Town of Ruston
Pierce County Superior Court No. 10-2-15875-3


ANSWER OF DEFENDANTS EVERDING, ALBERTSON, HUNT AND HUSON TO PLAINTIFFS' FIRST AMENDED COMPLAINT

Apparently defendants named above have hired the Seattle Law Firm CHRISTIE LAW GROUP. ANSWER signed by Robert L. Christie and Jason M. Rosen. Pages 1-11 follow:

Sunday, January 30, 2011

MOTION FOR ORDER OF DEFAULT

Fabre et al. v. Town of Ruston
Pierce County Superior Court No. 10-2-15875-3
Ruston has changed all the lawyers. The main guy is now from Spokane. May be too late to answer as time limit was not met.
Question regarding who got all the money in this fiasco dating back to 2004 I have a Public records request in for 2008 thru 2010.
Also am requesting a copy of 2008 complaint from Steve Fabre for $9 million dollars.
If the Casino gets the old school and the Town Hall in a settlement we may see an expanded trade stimulant business with a view no less. Plenty of new customers when Commencement is filled out.
Things are happening fast on this issue and it appears Town may be on the ropes unless they find a very sympathetic judge and survive appeal, if so.
following is:
MOTION FOR ORDER OF DEFAULT 1-3
NOTICE OF SUBSTITUTION OF COUNSEL (RUSTON) 1-2

MOTION FOR ORDER OF DEFAULT



SUBSTITUTION OF COUNSEL