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-

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.