RUSTON INSIDER

BUCK

2011-12-25T10:45:00.000-08:00

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

NEVER NEVER TOWN

2011-12-13T21:20:00.000-08:00

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.
-30-

RUSTON SEWER PROJECT

2011-08-18T14:43:00.000-07:00

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
-30-

ORDER ON SUMMARY JUDGMENT

2011-07-05T21:23:00.000-07:00

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

2011-07-05T20:57:00.000-07:00

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

RUSTON LOSES

2011-06-24T18:23:00.000-07:00

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

FABRE VS. RUSTON

2011-06-23T21:56:00.000-07:00

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

2011-06-23T21:33:00.000-07:00

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

2011-06-23T21:10:00.000-07:00

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

LAND USE updated 6-

2011-05-17T21:36:00.000-07:00

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.

DECLARATION OF JASON M. ROSEN

2011-05-14T21:42:00.000-07:00

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

DECLARATION OF DAN ALBERTSON

2011-05-09T22:59:00.000-07:00

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

2011-05-09T21:52:00.000-07:00

BOND SOLUTION

2011-05-09T16:36:00.000-07:00

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-

NINE MILLION DOLLAR CLAIM

2011-04-27T21:54:00.000-07:00

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)

2011-04-27T15:55:00.000-07:00

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

2011-04-27T15:06:00.000-07:00

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

2011-04-27T14:46:00.000-07:00

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

2011-04-27T13:16:00.000-07:00

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

2011-04-21T11:18:00.000-07:00

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.

LAWYER UP

2011-03-24T21:18:00.000-07:00

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

SWEET NOTHINGS

2011-03-09T13:46:00.000-08:00

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.)
-30-
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

SEWER CONNECTION

2011-02-23T14:40:00.000-08:00

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
-30-

COMING ATTRACTIONS

2011-02-14T21:33:00.000-08:00

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:

-30-

COMMENCEMENT

2011-02-09T12:19:00.000-08:00

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

ANSWER OF DEFENDANTS

2011-02-06T21:07:00.000-08:00

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:

MOTION FOR ORDER OF DEFAULT

2011-01-30T15:42:00.000-08:00

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

EXTRA EXTRA

2011-01-18T21:34:00.000-08:00

read all about it.
Ruston Town Council meeting Jan.18, 2010 7pm.
Absent Bruce Hopkins, Bradley Huson, Deb Kristovich
Jim Hedrick appointed Mayor pro tem

Notably absent Town Attorney David Britton who submitted a letter of Resignation and after a delay was accepted a week ago.
This will be short more details later.

Agenda item No. 1 Ordinance 1328 repealing Ordinance 1316 regarding Social card games (second reading)
Moved to February 7,2010 Town council meeting to allow time for new Town Attorney to review.

Agenda Item No. 2 Resolution 482 Authorizing Mayor to enter into an agreement for Legal Services with Morris Law P.C. for Town Attorney Services
Senior Attorney Carol Morris to be retained by Town of Ruston. Has previous legal experience representing Town of Ruston. Experience as Town Attorney for Town of Eatonville. Has experience small town comes highly recommended. Hired on short contract regarding Ruston Cafe and Casino. Flat rate contract better for Town of Ruston. One of most qualified.

Still hard to hear tried to record it.

COUNCIL TIME

Jim- Thanks to David Britton for dedicated service. Not easy to live in Town you represent.
Jane- Publicly thanks David Britton and he had a good relationship with Town.
Lyle- Finishing up Google apps. Email to move to Google apps. Freedom of Information requests available on line.
-15-
Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Deborah Kristovich, Lyle Hardin, Jane Hunt
Attorney, Carol Morris (contract)
Planner, Rob White
Clerk/Treasurer, Myriah Mesa
Fire Chief, Don Torbet
Police Chief, Jeremy Kunkel

PETITION FOR DECLARATORY RELIEF

2011-01-10T12:26:00.000-08:00

filed December 13, 2010 in the Superior Court of the State of Washington in and for Pierce County (seven pages):

Steve Fabre, individually and Point Defiance Cafe and Casino, LLC
Petitioners,
v.
TOWN OF RUSTON, a municipal corporation,
Resondent.

CASINO v. RUSTON AMENDED COMPLAINT

2011-01-09T21:50:00.000-08:00

Here we go again. So far Ruston has got by on the cheap but that maybe coming to an end with $9 million dollar claim filed plus lawsuit for damages.

Took a while but below is the Amended Complaint 16 pages:

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

NEWS OF THE WEIRD

2011-01-03T21:47:00.000-08:00

Ruston Town Council meeting Jan. 3, 2011 at 7 pm:

Bradley motions to add Agenda item 2 Ordinance No. 1328 Repealing Town of Ruston Ordinance No. 1316 and add Executive Session.
MINUTES - No minutes at this time.
PUBLIC COMMENTS
Jim- Town could of been spared this if public was allowed to comment on BUSINESS items.
Sherri- Defend my right to vote.
BUSINESS
Agenda item No. 1 Ordinance 1327 Amending Utility Tax Rates (second reading)
Tabled to next meeting.
Agenda item 2 Ordinance No. 1328 Repealing Town of Ruston Ordinance 1316, and RMC sections 5.02.30, 5.02.40 and 5.02.50 regarding Social Card Games
Jim H- believe State Law is broad enough to encompass... (can't hear)
7:10 EXECUTIVE SESSION 45 minutes reconvene 7:55
7:45 Mayor Hopkins appears to those waiting outside council chambers to announce 15 minute extension.
7:52 Town Attorney David Britton leaves council chambers stands in hallway.
8:00 Council person Bradley Huson emerges to announce second 15 minute extension.
8:15 David Britton opens door to two remaining citizens and Town Clerk.
Next thing I heard was CLAIMS/PAYROLL Passes 5-0.
I cannot hear in this chamber as Town Council et al are up on a stage. Repeated requests to comply with ADA (American with Disabilities Act) have been ignored.
Ordinance 1328 might have been tabled or just disappeared anyway immediately to
MAYOR'S TIME
COUNCIL TIME
8:20 ADJOURN

Are you as confused as I am?

Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Deborah Kristovich, Lyle Hardin, Jane Hunt
Attorney, David Britton
-30-

TRIAL OF DOOM

2011-01-01T23:23:00.000-08:00

or trial of the century for Ruston. This is a biggee and they are all coming back for a curtain call. More details later unable to purchase copies of amended complaint tonight. Trial schedule 06/04/2012.

I may be around for a while longer God willing. Wouldn't miss this for anything, I do think.

Still have to get copy of nine million dollar claim against the Town of Ruston. All done without public comments, when will they ever learn?

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

This will be the end Armageddon for the Town of Ruston if they lose. Noticed attorney for all defendants JOHN TURNER KUGLER.

-30-

NEW YEAR BAD OMEN

2011-01-01T13:14:00.000-08:00

The News Tribune 1-1-11 VOTER APPROVED CASINO CARD GAME BAN GOING byline Lewis Kamb

Ruston you reap what you sew. After going on seven years of "cabal" rule things are moving to a mutually induced dissolution. Seven years of not allowing citizen comments on Business items has gotten us to this:

After filing a claim for more than $9 million, Fabre has a separate damages suit pending against the town.

Attorney Joan Mell has brought seven to eight (I lost count) lawsuits against Ruston and won everyone!

Remember this started seven years ago with a voter revolt against The Commencement condominiums despite a land sale over four million dollars that has kept the town afloat and paid for huge infrastructre improvements.

But it may all be coming to an end because of a small group of strong willed individuals following a plan to turn Ruston into a bedroom community and hiring their own Special Legal Counsel to advise them.

The members of the council change but their actions to get rid of all businesses are always 5-0.

I wrote the con argument against Ruston Resolution 477 and Referendum number one and very nearly won the day. Now it looks like more millions of dollars going down the drain that could of been used to complete the ongoing infrastructure improvements.

PRO and CON arguments on referendum number one are in prior blog.

Also the main figures in this effort on Ruston's part all refused to return phone calls from The News Tribune.

Will try to get copy of nine million dollar claim against Ruston. Illegal gambling tax invalidated by judge has never been rescinded. Also more information on lawsuit.

Much more to followas RUSTON INSIDER springs back to life.

Read more: http://www.thenewstribune.com/2011/01/01/1484833/voter-approved-casino-card-game.html#ixzz19olERCFt

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
-30-

SPECIAL ELECTION

2010-10-10T15:03:00.001-07:00

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

FUSE OPEN

2010-09-28T16:32:00.000-07:00

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-

COUNCIL QUANDARY

2010-09-28T14:10:00.000-07:00

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
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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

COUNCIL CONFUSION

2010-09-20T12:13:00.000-07:00

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
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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

RUSTON WAFFLER

2010-08-23T14:00:00.000-07:00

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.

CERTAINTY IN RUSTON

2010-08-03T18:39:00.000-07:00

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.
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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

TACKY WINS - DEJA VU

2010-07-20T11:14:00.000-07:00

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

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TACK OR TACKY TIME

2010-06-03T20:53:00.000-07:00

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.

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FEDERAL WAY HALVES GAMBLING TAX

2010-06-03T20:41:00.000-07:00

article by Steve Maynard, The News Tribune, page A4 Thursday June 3, 2010:

Click here: FEDERAL WAY

CASINO TAX HIKE TOSSED

2010-06-02T09:29:00.000-07:00

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.

VOID

2010-06-01T09:30:00.000-07:00

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-

RUSTON/FEDERAL WAY - DIFFERENT APPROACH

2010-05-25T20:42:00.000-07:00

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-

CASINO v RUSTON -DAY THREE - CLOSING ARGUMENT - DAVID BRITTON

2010-05-24T21:31:00.000-07:00

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-

CASINO v RUSTON -DAY THREE - CLOSING ARGUMENT - JOAN MELL

2010-05-24T17:08:00.000-07:00

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-

CASINO v RUSTON - DAY TWO - AFTERNOON SESSION - STEVE FABRE

2010-05-22T20:53:00.000-07:00

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-

CASINO v RUSTON - DAY TWO - MORNING SESSION - JANE HUNT

2010-05-21T20:56:00.000-07:00

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.
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CASINO v RUSTON - DAY ONE - AFTERNOON SESSION - DAN ALBERTSON

2010-05-20T11:19:00.000-07:00

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-

CASINO v RUSTON - DAY ONE AFTERNOON SESSION -WHEELER, EVERDING

2010-05-19T20:16:00.000-07:00

CASINO v RUSTON - DAY ONE MORNING SESSION - OPENING ARGUMENTS, WITNESSES

2010-05-19T15:24:00.000-07:00

Monday May 17, 2010 9am 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.

Attorneys:
Joan Mell for plaintiff Steve Fabre. (m)
David Britton for defendant Town of Ruston. (b)

9-9:40 were taken up by a divorce hearing.
9:41 David Britton asking to call Dan Albertson out of order at 1:30 pm.
Judge - We'll see.
Joan - We have several witnesses here on vacation day.
Judge - four days for trial available.

OPENING ARGUMENTS - Joan Mell for plaintiff (m)
.Gambling Tax Ordinance adopted in violation of State law.
.Illegal action court can void.
David - Object to legal argument.
Judge - That is why we are here.
.Ruston identified Police as enforcement arm.
.Thought they had win win situation with Gambling ordinance.
.Sally Everding as code writer codified ordinance.
.This was a conflict of interest.
.Process used to pass ordinance allowed no public comment.
.Point Defiance Cafe and Casino is the only business affected by the Gambling ordinance.
.Procedures are important as there is an expectation of decorum.
.Jane Hunt, Dan Albertson and Bob Everding were all appointed.
b - Objection - lack of foundation.
Judge - Has been 2 to 3 readings.
.Steve Fabre allowed no input adopted without any public comment whatsoever.
.No attention was paid to enforcement costs, law enforcement needs.
.Council had no clue as to use of tax funds.
.No analysis of costs was done.
.Summary of what available to do none accomplished.
.Wanted elimination of the Town of Ruston.
.Violated limited power court needs to recognize that.

OPENING ARGUMENT - David Britton for defendant.
.Have families jobs businesses. (Ruston officials?)
.Study Session on Gambling tax held in 2008.
.Plaintiff, Mr. Fabre contacted all council members by telephone and email asking to keep sliding scale.
.Ordinance 1253 was enacted.
.Mr. Fabre paying $12,000 per month chose not to pay higher.
.Mr. Fabre lobbied all members personally did not attend.
.Study Session scheduled separately.
.No further action was taken at study session.
Judge - Public attended no comments allowed.
.July 7th was proposed originally brought to council.
.Advocated 20 percent tax rate max.
.Amended to 12 percent by Jane Hunt.
.Annual budget for law enforcement $400 thousand dollars.
.Order of magnitude increase in Gambling Tax needed.
.$32 thousand in Gambling taxes needed.
.Procedural question whether four yes votes required. Stebner absent.
.Ruston not a charter city.
.Wasted quite a bit of time on Ordinance.
Judge - Separation of Powers, interfering with Legislative function.
.Mr. Fabre cannot second guess legislation not my argument.
Judge - two thirds vote was ministerial.
.Procedures were disregarded. Policy not affect of law.
.Whole policy was not conspiracy to raise taxes and put out of business.
Judge- 1453 rule 22 does not have force of law.
.Plaintiff has not come up with ...
Judge- interrupts, What if Everding wants resolution to have Girl Scout week, Gambling week. No resolution to pass bill on first reading. Is that legal?
.No effect, absolutely no authority.
.Could have passed Ordinance but used resolution to wrap up.
Judge- We need to frame issues.
Judge- Call witnesses, reply in summation.

WITNESS Fred Wilson, WA State Gambling Commission sworn in.
.Required to regulate gambling in SW region.
.Know Steve Fabre saw 4-5 times per month.
.Dropped to class F buy in at table games.
.Started in 2004 regulated - 4 to 5 times per month max 4 hours min half hour.
Joan- Mr. Fabre complying with gambling act?
.Made under age checks failed once second OK. Business normal.
.Known Steve (Fabre) for a long time. He would call with questions.
Joan- Ruston filed complaint in 2008?
.Situation new police chief on board got call from her (Sharon Reese).
.Called to ask Gambling Commission to enforce actions.
Joan- To what extent Gambling Commission involved with Local law enforcement?
.Under age emphasis and liquor violations.
Wilson step down.
BREAK- 15 minutes.

WITNESS Karen Pickett Ruston resident (M-Joan Mell . for Karen Pickett)
.Employed by ASARCO 22 years.
.I care about my community and what is going on.
.Public was not allowed to comment at all on gambling tax ordinance.
David- Objection.
Judge- Overruled.
Provide names of council?
David- Objection.
Judge- Stipulated.
.Not allowed to participate in public sessions.
.Public comment gradually eliminated.
.Only general comments not allowed on issues.
.Mayor had police in attendance to hold public.
Mell- When did you get notice of increase in gambling tax?
.At study session.
m-Purpose of tax increase?
.Council indicated to increase revenue.
m-Your impression of ordinance?
.Enforcement of gambling activities.
m-Was ordinance adopted without public input?
.Yes.
CROSS EXAMINATION David Britton
b- You were on Ruston Town Council? (b for Britton)
k- Yes, also Civil Service. (k for Karen)
b- Not on Council in 2008?
k- Civil Service commission
k- Study session 2008 way meeting was run audience was restless.
b- Agenda was published for council meeting?
. Study session notice published?
k- General tax notice no gambling tax notice.
Judge- If there is a question who do they go to?
k- Town Attorney.

WITNESS Jim Reinhold former Police Chief in Ruston
r- Police officer in Ruston 2002-2008. (r for Reinhold)
r- Mr. Fabre purchased building town was excited to have Cafe and Casino.
m- Shows Reinhold picture of Casino. (m for Mell)
r- Before it had psychedelic pictures outside, Rock n Roll.
m- Lighting?
r- Poker neon lighting. Rear parking lot no lighting.
m- Security cameras?
r- Yes. Mr. Fabre installed. Caught 20 seconds on Pearl street. Caught crime off of facility.
m- How many calls there?
r- Very minimal not often. More calls at Unicorn tavern.
r- Administrative hearing referred to gambling commission.
r- Our policy walk thrus also Ruston Inn. More calls Unicorn tavern.
r- Had no separate budget for Point Defiance Cafe and Casino (PDC&C).
r- Came out of annual budget. 24 hours for town.
r- Did bar checks, note of presence, left.
m- Did Town council ask for activity logs?
r- No.
m- Did Ruston rely on your knowledge?
r- No.
r- My budget, cost of living, special authorization or circumstances.
r- Mr. Fabre cooperated absolutely. One incident.
m- Was that in alley way behind Casino?
r- Shooting, not relevant to Casino. Person was robbed by three persons walking down alley. Walked back into Casino for help. Casino security called 911. Had nothing to do with Casino.
b- Why?
r- Part of law enforcement activity.
b- Your presence helps with crime prevention.
b- Funds, no line item for gambling.
r- Can't recall.
b- Do you draft law enforcement activity and report to council? Do you recall submitting report, commentary during weekend?
Judge- Objects to line of questioning.
m- Not part of duties.
r- Recollect yes, my report.
r- Document, philosophy, moratorium in Tacoma weren't sure of affect on Ruston. Silver Dollar sixth avenue, establishment on Ruston Way closed.
b- Are you attorney?
r- No.
b- Any legal training?
r- Training yes.
Judge- Memo anticipating influx of gamblers same as Taste of Tacoma.
r- My anticipation, memo only. I had to accommodate gambling moratorium.
Judge- Unicorn has gambling?
r- no.
12:10 RECESS until 1:30 pm.
-30-

CASINO LAWSUIT FINALLY UNDERWAY

2010-05-18T20:44:00.000-07:00

I feel like I am starting over but the case of STEVE FABRE VS. TOWN OF RUSTON has re piqued my interest. Steve Fabre dba POINT DEFIANCE CAFE AND CASINO.

Day two finished today at 3:30 pm day one at 4:15 pm.

DAY ONE May 17, 2010 Judge Frank Cuthbertson room 2A 9:00 am.
Cannot say enough about Judge Cuthbertson only outstanding. Has encyclopedic knowledge of case and questions were more direct to the point than either lawyer in my estimation.

Lawyer for plaintiff: Joan Mell for defendant Town of Ruston, David Britton.

Witnesses first day: Fred Wilson, WA state Gambling Commission, former council person Karen Pickett, former police chief Jim Reinhold, former mayor Kim Wheeler in morning session.
Afternoon session, Sally Everding, former council person Dan Albertson, Council person Bradley Huson.
Major impact testimony Fred Wilson.

DAY TWO May 18, 2010 Judge Frank Cuthbertson room 2A 9:00 am.

Witnesses day two: Council person Jane Hunt and plaintiff, Steve Fabre, owner Point Defiance Cafe and Casino.

Long sessions wrapping up tomorrow, DAY THREE, May 19, 2010 at 10:30 am with closing arguments by both attorneys.

This is short as I already have 50 pages of notes and more to come.

Background: Judge on bench, bailiff and Court Reporter below.
Opposing attorneys at separate tables. Plaintiff Steve Fabre at table. No defendant at Ruston table??
In audience ME all by my lonesome. Interesting point first comment defendant attorney referring to me "Mr. Wingard does not live in Ruston!!!"

Place your bet. After two days looking like a win for Casino but Judge must weigh all testimony AND THE LAW. So stay tuned. Final decision may take two weeks.

Will start next post with testimony DAY ONE. Spread the word. You will hear it here first hand.

Case filed 7-18-2008. To purchase or see list of documents click here. Did not work as expected. Under Superior Court type in Town of Ruston and change year to 2008. Be patient ignore blue screen.

-30-

CASINO BONGO

2010-03-19T12:39:00.000-07:00

--------------------------------------------------------------------------------

03/19/2010 DEPT 21 - JUDGE CUTHBERTSON (Rm. 2-A ) Pre-Trial Mgmt Held
Confirmed 11:00 Pretrial Conference

--------------------------------------------------------------------------------

04/05/2010 DEPT 21 - JUDGE CUTHBERTSON (Rm. 2-A )
Confirmed 9:00 Trial

--------------------------------------------------------------------------------

Attended today but pretty much "much to do about nothing". At least to the non legal eye. At 11:20 Judge Cuthbertson called David Britton, attorney for the Town of Ruston, and Joan Mell, attorney for the Point Defiance Cafe and Casino into his private chambers leaving two attorneys pleading a discrimination case standing in front of the bench.
They all emerged at 11:45 and the two lawyers departed the courtroom. So: tax retaliatory, matters of law, void, procedures, effective date all put over until Monday March 22 when Judge Cuthbertson will contact attorneys involved and notify them of trial date, bench trial or jury trial. The trial is set now for April 5th but that may be moved.
You now know what I know which amounts to nothing new.
Stay tuned and I will try to update you on Monday if information is released to public.
-30-
p.s. Town troubles with the UNICORN SPORTS BAR are brewing and we may be in for a rerun of the CASINO debacle. What's a million here a million there when you have COMMENCEMENT money to gamble with. I'm on it and will report to the end with PRRs already submitted more to come until I get to the bottom of who is behind this one.

The UNICORN case has the potential to run into the multi millions with treble damages. The Town has a five year history of harassment at the UNICORN and subsequently lost a $200 thousand dollar lawsuit settlement to a former Police Chief who was fired for disobeying an order from the Mayor. That order was to direct his officers to commit illegal acts against the UNICORN.

Defintion for BONGO: a variety of "interface widgets." Hope that clears it all up for you.

"Very interesting" as inspector Clousseau would say. Stay tuned.
-30-

COUNCIL MEETING March 1 ,2010

2010-03-03T21:29:00.000-08:00

Unable to attend. Here are Karen's notes from RUSTON HOME: (click below)
Council Meeting Notes: March 1, 2010

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-

COUNCIL MEETING 2-16-2010

2010-02-17T20:43:00.000-08:00

Missed this one too. Losing interest. Click below:
Here ar Karen's notes on council meeting.

Just biding my time waiting for trial Point Defiance Cafe and Casino v. Town of Ruston:

03/19/2010 DEPT 21 - JUDGE CUTHBERTSON (Rm. 2-A )
Confirmed 11:00 Pretrial Conference

--------------------------------------------------------------------------------

04/05/2010 DEPT 21 - JUDGE CUTHBERTSON (Rm. 2-A )
Confirmed 9:00 Trial

All for now.

COUNCIL MEETING 2-1-2010 updated

2010-02-04T21:08:00.000-08:00

Town of Ruston, WA regular council meeting February 1, 2010:

(missed meeting am getting copy (CD) of meeting but it takes several days (PRR,FOIA.)

Here is a link to Karen's blog on this meeting: RUSTON COUNCIL MEETING: FEB 1, 2010

New expose was Ruston Police entering UNICORN SPORTS BAR ending up in a full scale conflagration with eight police cars and four arrests. What the pretense was is unknown and not reported but I have filed a Public Records Request (Freedom of Information Access) and will report on all details when available. They have not replaced the PRR FOIA clerk so Town response is very slow opening themselves up for new lawsuits as the legislature has been very clear on this matter.

Some background when some previous council members ran on a NO BUSINESSES IN RUSTON plank anti business campaigns started soon after they were sworn in. A police chief was fired when he refused to order his officers to harass the UNICORN and he subsequently won a $200,000 settlement V. the Town of Ruston. There was also the BALLET CLASSES lawsuit v. THE COMMENCEMENT settled for a measly $100,000 as I recall.

Another victim of the Town's anti business campaign THE POINT DEFIANCE CAFE AND CASINO's million dollar lawsuit v. the TOWN will come up for trial April 5th after a pre-trial conference March 19th. Stay tuned for reporting on this one.

Apparently the TOWN is on a lawsuit kick and needs another one to retain their high. Money seems not to be a problem as long as it is the TOWN's money. We should rename this town LAWYERVILLE as we are providing for many retirement funds. The WITNESS EXHIBIT LIST for this new adventure will be very similar to PDC&C

Remember that old song: "When will they ever learn."

My mea culpa I thought the council would settle down to the routine and have stopped going to council meetings but it appears I made a poor supposition as things are regressing so I WILL RETURN SOON with full updates for those of you that have given up on me.

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-

ASARCO CLEANUP

2010-01-24T13:53:00.000-08:00

Asarco: The cleanup holdouts in Ruston by ROB CARSON; Staff writer of THE NEWS TRIBUNE Sunday january 24th, 2010 Tacoma, WA.

(click here):
Asarco: The cleanup holdouts in Ruston

-30-

SERENITY IN RUSTON

2010-01-20T19:54:00.000-08:00

Town of Ruston, WA regular council meeting Jan. 19, 2010 at 7:07 pm:

A 35 minute session. This is quite a bit different Ruston council than the last one. Civility and equanimity are the order of the day. No more diatribes, monologues they are now a thing of the past. All is serene and a down to business attitude. Getting things done is now the main priority.
Construction will start soon on the new light poles and installation of the new sewer system. Ruston has a better than most financial status due to the sale of land to the Commencement.

GENERAL PUBLIC COMMENTS - none

STAFF
Jeremy Kunkel, Police Chief
. Read a list of violations
. Police car in accident has been fixed
. Responding to a question grants are for equipment not money.
Don Torbet, Fire Chief
.Jeremy and I attended funeral for fallen officer
. Out poring of police was impressive
. New firefighters coming on board
. Involved in protecting The Commencement
. Commencement bought Knox Box and installed it one master key
. Commencement re keyed all locks for one master key at substantial cost
. Also have elevator key. Three keys for entire building.
. National average eight minutes to respond to fire
. In Ruston one minute
. State allows one minute to change clothes
. Time is from dispatch to arrival on scene minus one minute
. Ruston is under one minute so minute not deducted
Lyle - Complements both chiefs on their uniforms
. Fire chief has five stripes Police chief three stripes on sleeve

BUSINESS
Agenda item No. 1 - Ordinance 1304 Repealing Chapter 1.12 RMC (Ruston Municipal Code)
Bradley - Don't have this, two versions.
Lyle - Numbers are incorrect
Bradley/Jim motion to approve, second
David -
. Set forth entire internal Employee policy.
. This new version repeals old, gets rid of ambiguity
Jane - If we take out of Ordinance still available to public
David - Yes. like any Resolution it is available
Lyle -
. After quick review, description of employee Internet use in there
. Everything in old in new?
David - Cannot certify.
passes 5-0
Agenda item No. 2 - Ordinance 1305 - Amending RMC 19.01.110 amd RMC 1.14.050 to provide separate fee and permit review ... (first reading)
David -
. First two versions not correct, my fault.
. I added separate enforcement provision
. Building permit, apply, no no mechanism for enforcement
. Fines, jail time not enforceable
. Cost recovery only
Bruce - $10,000 due. I am playing bill collector.
Lyle - Is this a common way of doing this?
David -
. Yes, under our statute we have jurisdiction
. Cannot put off on Superior Court
. No mechanism for enforcement
Lyle - When does this go into effect
David - When fees late they are collectible
Bruce - Using short order
Jim - No court costs. If significant we cannot recover?
David - No way. Reasonable costs only. Else considered tax.

CLAIMS AND PAYROLL - passes 5-0

MAYOR'S TIME
. Sewer lines. Jerry Morissette told me construction fees are coming on us.
. Need to look at laterals, cost, how we pay.
. BIAS in process of taking over
. Taking me three weeks with Mariah's help
. Bureaucratic maze, online checking
. Costs us $50 a month, unresponsive
. Need to take a look at new bank
. Regarding Study Session - Video Imaging
. Passionate about this, need volunteers
. Cost $66,000 can knock off $15,000
. Encourage council to consider
. Rob and planners can use
. Welcome to digital world

COUNCIL TIME
Bradley -
. JJ asked for stay Point Ruston presentation until February 1 Regular Council meeting
. Moved to Columbia Bank, they bend over backwards to help
Jim-
. In Olympia every day
. Asarco settlement $188 million dollars came through
. Money is in jeopardy to be used for other purposes
. Our legislative delegation needs to protect money or will be used for other
purposes
. Please contact your legislators and ask for funds to be used for intended purposes!
Jane -
. Ongoing saga of utility tax
. Company tracks utility taxes, Washington state the worst
. Citizen called why not on bill? Will be on in February.
Lyle -
. Need ideas for Mayoral assignment on computer systems
. Contact me by email if you can help
. Jane helped out on copier
. Several items pending

At 7:42 meeting ended for 30 minute EXECUTIVE SESSION

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-

PEACE AND TRANQUILITY

2010-01-06T20:42:00.000-08:00

Ruston, WA regular council meeting January 4,2010 7 pm:

Peace and tranquility reign over the Ruston Town Council after four strife filled years. The change was immediate and provides a platform for moving ahead. Call me Mr. NICE from now on. Although I may disagree on some points that seem contradictory there is no doubt the Town is now moving forward with one voice. With the major development underway Ruston is in better shape than a lot of other towns undergoing dramatic cuts. But times are tough and the future murky for the whole country. But efforts to resolve problems rather than create them is a formula for success.

This blog is relatively unimportant now that conflicts are not the mainstay. I will post a link to Karen Pickett's RUSTONHOME here. Karen's hearing is better than mine and she records each meeting for accuracy. I try more for a play by play.

AGENDA approved 4-0 as amended.
Swearing in of mayor Bruce Hopkins and council person Jane Hunt followed by the newest council person swearing in Deborah Kristovich with a huge smile. Welcome.

PUBLIC COMMENTS
Sherri - Visited Mary Joyce. She is up and walking and should be home soon.
Karen - Advocates public comments on agenda items.
JJ McCamment - LID underway in Point Ruston. Locating pipes and sewers caused month delay.

BUSINESS
Agenda item #1 STREET LIGHTING - MO FESHARAKI
. Gave presentation of costs and details of three bids.
. Tacoma Electric Supply low bidder
. Saved Town $2,300 dollars. By coincidence my cost.
. Poles $930 each Fixtures $890 each.
. Shipping costs included, damage not included. Shipped FOB.
. Fixtures stored at school, poles apart.
Jane - include tops for STACK HILL? Answer Yes.
Lyle - Security storing poles outside?
Mo - Delivery in 8-10 weeks. Contractor working on conduit.
Jane - Target time to install?
Mo - Ten weeks if approved tonight.
End of presentation.
Agenda item #2 Resolution 459 ORDER STREET LIGHTS AND POLES
Bruce - Need motion which bid to accept.
Jane - Thought Tacoma Electric saved $2,300?
Bruce -
. Intent was to give us on 47 poles, fixtures.
. Now replace 10 street lights Stack Hill.
Jane - Go with DARK SKY.
Passes 5-0.
Agenda item #3 Online Bill-pay Vendor Agreements

Jim - Why four vendors?
Bruce - Just for Utility payments.
Jane -
. Impressed with BIAS organization
. Credit card use is less costly
. Check clearance only .38 cents
Bruce -
. Biggest feature is billing.
. Was done manually before
. Point of sale credit card swipe
. Building permit pay with credit card
Passes 5-0
Agenda item #4 Ordinance No. 1304 Repealing Ch. 1.12 RMC (first reading)
David -
. Sally Everding did Master Revision in 2004 put code online
. Nevertheless doing revision now
. Provisions need to be changed, redundant, contradictory need reorganizing.
. Personnel in Municipal code not good. Need to replace this.
. Will be more changes in the future.
. On rustonwa.ord click on Municipal code
First reading - no vote

CLAIMS AND PAYROLL
Jim - Need to code bills by fund.
Bruce -
. BIAS will provide that. Breakdown on percentage basis.
. Disperse phone charges by percentage to individual funds. Before all were charged to general fund.
. You can get breakdown by what you want to see.
Passes 5-0

MAYOR'S TIME
Welcome to Deborah. Truly appreciate what you are doing. Things have changed here. We now work together. As a business owner you add valuable experience. Very pleasurable, dialog open

BUILDING PERMITS
. Except for things in past we would not be in position we are today.
. Putting things in place to prevent future problems
. Notification process for building permits in process
. Have in place in January. Mariah does.
. BIAS professional services contract
. Whole internal process, including accounting function.
. If too expensive we fire them, hire outside.

COUNCIL TIME
Bradley -
. Happy new year to all.
. Congratulations to Deborah
. A better situation for everybody.
. Spoke to my banker to get better interest rate for town
. To JJ, would like revised schedule for Point Ruston. What is going on?
. Present at next council meeting Jan. 19th.
. ten (10) light fixtures left over from Stack Hill we need to sell on Craig's List.
Jim -
. Thanks to Deborah.
. We now have an august council.
Jane -
. Welcome Deborah, a good neighbor.
. Wonderful business person
. Has point of view, not bashful.
Lyle -
. Mariah, one hour bring up to date what it does (BIAS)
. Change to be beneficial
. BIAS not for large cities for small towns
. We are the smallest town to use
. Question why surveying going on in alleys?
Bruce - for sewers.
. Identify need for laterals
. Charge residents over time
. Street light construction starting soon, sewers soon after
. Fircrest does not have funding we have
Lyle - nothing
Deb -
. Thanks to all in room
. I am honored and privileged to serve
. Warm welcome means a lot to me
. Software beneficial to businesses
. Will be assigned public works and parks liaison responsibility

8:47 ADJOURN

Just a note on my disagreements:
1) DARK SKY (Ruston), v. SAFE STREETS (Tacoma). Everywhere except Ruston more lighting is encouraged. This action was the result of one persons repeated complaints. Not only running up the costs on STACK HILL but now Ruston has ten light poles to sell at a loss.
2) Mayor notifying street lights on Tacoma side of POINT RUSTON will not be acceptable for the Ruston side of POINT RUSTON. Figure that one out. Not one person currently residing in the Town of Ruston will be affected by these lights. This is senseless and emphasises why Point Ruston is building out on the Tacoma side first. That Ruston officials have this infinite knowledge that Tacoma lacks has not been explained. Obstructionism, pure and simple, running up the costs needlessly.
3)The better shape the Town of Ruston is in is due solely, 100 percent, to the COMMENCEMENT. Why not recognize this and apologize for the four year hostile campaign the town mounted against the condominiums.

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
-30-

FINAL EDITION 2009

2010-01-03T21:21:00.000-08:00

Town of Ruston regular council meeting Monday December 21, 2009 7 pm:

Short meeting 35 minutes. There are less long winded diatribes lately. More of a budget, business attitude. Of note, Wayne Stebner's last meeting having served four years.

PUBLIC COMMENTS
One person listing accomplishments of last four years.
1- Annexation to Tacoma campaign
2- Getting rid of Ruston Volunteer Fire Department campaign
3- Ballet lawsuit v The Commencement
4- Sign removal lawsuit v The Point Defiance Cafe and Casino (still ongoing)
Two people complaining of lights on STACK HILL.

BUSINESS
Agenda item 1 Resolution 457 Extension of Agreement for Judge Sandra Allen
Passed 5-0
Agenda item 2 2010 BUDGET
BIAS Software Accounting purchase
Wayne, Bradley motion second.
Jane - To Mayor, appreciate all your work. Voting for.
Jim -
. Echo Jane, very knowledgeable, understanding of Budget.
. Mayor has done due diligence providing information
. Have spent hours working with Chief Kunkel
. Understand where he is going
. Feel pretty good about budget
. We are starting 2010 on a good footing.
. Borrowed $139 thousand dollars from Surplus Property Fund
. Burn rate significantly lower
. $500,000 last year came out $343,000.
. My complement to the Mayor
passes 5-0

CLAIMS AND PAYROLL not available
Town employees have been paid
Extend C & P until January 14th meeting.
passes 5-0

MAYOR'S TIME
. STACK HILL lights- strong argument (Kevin Mosier) to replace
. Now is the time, save on price and shipping.
. Letter to Mr. Cohen, POINT RUSTON, type of lights for Point Ruston on Ruston side need approval by Ruston Planning Department.
. Putting in at first of permit process
. Thanks Mark for BIAS software presentation (Special Session preceding)
. Loss of Clerk/Treasurer dilemma less with BIAS
. Provides tremendous opportunities, efficiencies
. BIAS - allows online utility payments
. STEBNER - Thanks outgoing council person for four years dedicated public service. People should appreciate his volunteer services. Always readily available.
COUNCIL TIME
Wayne - Nothing
Bradley -
. Thanks for finding positive solution to Clerk/Treasurer problem
. BIAS hour very positive
. Happy Holidays see you January 4th
Jim -
. Spent time with Chief Kunkel to identify problems
. Will have cost estimates for upgrades to provide Police protection
. Expansion and down the road improvements
. Thanks council person Stebner for four years service
Jane -
. Lights on STACK HILL need to check zoning
. Need to pass law for Town Planner and Planning Commission
. Thanks Stebner for four years, did a great job
Lyle - Thanks residents for support

8:35 adjourn

NOTE: Clerk/Treasurer will not be replaced. Will use BIAS accounting system.
After four years of discord and opposition to development we were hoping for change.

a) Lights on Stack Hill basically the problem of one town person. But the council jumps to attention like a bunch of toy soldiers ignoring the other 750 towns people.

b) The four year harassment of the Commencement went on until the final day when given approval to move in. Now they are paying the price as they apparently have been denied use of the much ballyhooed Mary Joyce Community center after 5 pm.

c) Am hoping to see abatement of the harassment of small businesses in the Town. They could start by restoring the parking in front of the Ruston Market.

d) Stop grandstanding on Stack Hill. More lighting defends against burglars, car break ins, street crime. Find out about SAFE STREETS and use the information in Ruston. Criminals benefit from lower lighting.

e) But the harassment of POINT RUSTON is shameful. The closest Ruston resident lives 200 feet up a cliff and blocks over. There is no plausible explanation for street lighting in the Tacoma part of Point Ruston and the Ruston part of Point Ruston being different. Tacoma has engineers plural, Ruston on consulting only.

f) You either want Point Ruston in Ruston or you don't. Be forthright not disingenuous. I commend Mike Cohen for having the patience of Jobe dealing with the stalling and tactics of the Town of Ruston over the past four years. From the EPA scare tactics, Jobs for Justice, and the comment those "hideous buildings".

I will, however, be around for the million dollar lawsuit Point Defiance Cafe and Casino v Ruston. A who's Who of Ruston will be on the witness stand April 5, 2010 when the lawsuit is held. Apparently the town is banking on a minor settlement having refused arbitration and settlement offers. Attorney fees for the Town however are given a blank check or in poker terms NO LIMIT.

Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Wayne Stebner, Lyle Hardin, Jane Hunt
Attorney, David Britton
Planner, Rob White
Clerk/Treasurer, ??????????
Fire Chief, Don Torbet
Police Chief, Jeremy Kunkel
Electrician, Mo Fesharaki

-30-

MERRY CHRISTMAS

2009-12-25T12:14:00.000-08:00

and a HAPPY NEW YEAR TOO. Click here for MERRY XMAS.

LAND AHOY

2009-12-09T20:14:00.000-08:00

Ruston, WA regular Town Council meeting December 7, 2009 continued:

2010 BUDGET

Bruce - Whole lot of items, spending money.
. Most with efficiency ramifications.
. Lyle Hardin joining us and
. Town website needs functionality.
. Each Council member will have assignment.
. Need to integrate all Town services.
. Provide better communication with residents.
. $24 thousand dollars $2 thousand dollars per month to upgrade and maintain Town website.
. This is vital to Town and Community.
. An application for a "lot line adjustment" could be printed off of website.
. We are now operating in the dark ages.
Bruce - Other HOT BUTTON item - Document Imaging.
. Need to contract for copying all Town documents.
. Public Records Request, FOIA, documents could be retrieved off of server.
Bruce - POLICE/FIRE DEPARTMENTS
. Requires new uniforms, professionalism.
. When exiting vehicles they are the first line of interaction with public.
. Need to carry the flag.
. Things are getting better in the Town.
. Investors, home buyers need to see a good image of the Town.
. First meeting is a call for service.
. Need to take care of items.
Bruce - POLICE
. Need to protect them.
. Facilities need help: No security, no surveillance cameras, now have hollow core doors.
. No cost estimate yet.
. We need to be the Town people want to live in.
. Needed to separate us apart.
. Current deficit $125 thousand dollars reduced shortfall by $350 thousand dollars.
Jane - Document Imaging, website. Are these added charges?
Bruce - Yes. Interest income at 1.7 percent.
David - Need to vote on budget by next council meeting is deadline. Can amend.
Jane - Public has right to know.
. We pay more for black and white copier than RICO scanner.
. I feel good about what we are doing.
. We are getting things under control.
Jim -
. $24 thousand dollars to upgrade website seems high.
. Ability to pay utility bills online I support that.
. Police Department needs added security.
. Need hard costs. No set time limit.
Wayne - We can establish for less, lower maintenance.
Bruce - Flash on hope we get it.
Jane - WA State Statute requires we approve budget by year end.

MAYOR'S TIME

Bruce - I have rambled enough. One more thing I need help. Wayne Stebner is off the hook. Assignments follow:

Bruce -
. Jim Hedrick
. appreciate your effort in lawsuit.
. Takes huge amount of time.
. Continue to appreciate time expended.
Jeremy Kunkel
. Continue to make environment safer.
Don Torbet
. Will work with.
Bradley Huson
. Work with Rob on impact fees.
. Establish investment policy for the Town.
Lyle Hardin
. Update Town website.
. Who and how we can work with.
. Would like audio and flash pictures.

COUNCIL TIME

Wayne - Nothing.
Bradley -
. I agree with most all
. One thing. Need capital improvement fro Town Hall.
. Expending luxuriously on two things one has to go.
. Need to sell School. It needs to go.
. Has a remaining 495 year lease.
. Is a source of continuing problems.
Bruce -
. Razing school is ill conceived.
. Building is compromised.
. Continually generates problems.
. Need a new building.
. Could go three stories without blocking views.
Jim -
. Congratulations to new Council Person Lyle Hardin.
. What if our Police compromised. Windows and blind corners are bad.
. As of recent events Police policies will change across the nation.
. Thanks to resigned Town Clerk/Treasurer Karen Carlisle for service to Town.
. People standing at corner of 49th and Baltimore have come to my attention.
. One was recently taken downtown by police on an outstanding warrant.
. Whoever is paying them it is time for them to go.
. They are using Park facilities to relieve themselves.
. They are disrespectful to Police officers.
. Will write letter and show to Mayor and Town Attorney.
Jane -
. I will be happy to sign letter.
. Utility tax Ordinance properly distributed.
. Process followed AWC and PSE standards.
. Encourage meeting with Business District.
. We could make Town Hall three stories to accommodate all.
. Will cost $300 thousand dollars to remodel.
. Need notice to home owners with oil tanks free insurance is available.
. Recent oil tank spill brought in WA State Department of Ecology who had boats in the bay to contain spill.
. Cost of cleanup incurred by resident.
. Liability insurance is provided free if you ask.
. Need to get out to citizens in Town Newsletter.
Bruce -
. Have notified them sidewalk is torn up.
. Remediation is substantial.
. Town will not bear cost.
. If not repaired timely we pay and send bill to homeowner.
Lyle - Briefly.
. Thanks Community for trust placed in me.
. Thanks Council.
. Has neighbor paying two cents per gallon heating oil to cover liability insurance.

Motion to ADJOURN 8:30 passes 5-0.

Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Wayne Stebner, Lyle Hardin, Jane Hunt
Attorney, David Britton
Planner, Rob White
Clerk/Treasurer, ??????????
Fire Chief, Don Torbet
Police Chief, Jeremy Kunkel
Electrician, Mo Fesharaki
-30-

SHIP AHOY

2009-12-08T20:38:00.000-08:00

Ruston, WA regular Town Council meeting December 7, 2009 7 pm:

The storm is coming to an end for the town of Ruston and outside of a few squalls it appears smooth sailing is in our future. First order of business was swearing in of LYLE HARDIN as the newest council person. Welcome aboard Lyle.

Mariah, the Town Utility clerk was acting Town Clerk. Nothing was reported on the hiring of a new clerk to replace Karen Carlisle who resigned December 1 after four arduous years under the previous administration. Only her diligence and dedication to serving the Town of Ruston helped her make it through. Karen was an obvious pawn caught in between the Tacoma Cabal members of the Town and the pro Ruston side which led to multiple resignations. She bore the brunt of the internecine warfare that dominated the council for four years. All her knew her admire her perseverance and wish her well.

Apparently no exit interview was held. No goodbye no thank you. No goodbye coffee klatch. It wasn't always like this. The Town has lost a lot of it's small town atmosphere and just plain friendliness.

BUSINESS AGENDA

Motion by Wayne Stebner to move Agenda Item 3 up to number 1 was seconded and approved 5-0.

Agenda Item number 1 - STREET LIGHTING DISCUSSION
involed presentation of bids by Mo Fesharaki, Town Electrician.
Mo -
. Four streets selected: Pearl, Highland, Shirley and Winnifred.
. One contracor or multi contractor? Lowest price was using three lowest bidders.
Bruce - Pearl street withdrawn due to budgetary constraints. Pearl street is a State Highway. Will work with city of Tacoma. Work on three contractor phased approach. Currently $372 thousand dollars in reserve fund.
Mo -
. Pearl street to be done later low bid $90,840.
. Low bids: $101 thousand dollars for Winnifred, $71 thousand dollars for Highland, $9 thousand dollars for Shirley. Not sure about Shirley bid.
. POINT RUSTON being on Ruston Way requires better lighting and will not use more expensive "dim bulbs" lights to be used in Ruston. Better known as the lights in the iron mask.
Wayne - Where will funds come from.
Bruce -
. Hotel, Motel tax will be used later.
. Have to get started not big enough Town to do all at once.
Wayne - Use property reserve fund?
Bruce - We have enough in reserve.
Jane - enter contract discussions with Tacoma and State of Washington for Pearl street.
Jane and Wayne - Do all three now get it over with.
Wayne - Present lights are dangerous.
Wayne makes motion to do all three at once, Jane second.
David - Motion is to authorize contractor negotiations.
Bruce - Don't mean to cry broke then spend money but reserves can only be used for specific purposes.
Mo - Total for lights $345 thousand dollars plus approximately three thousand dollars shipping.
Mo - Don't forget Engineering fees.
Motion to allow Mayor to enter negotiations passes 5-0.

Agenda Item 2 - Extension of agreement for Judge Sandra Allen
Put off for next meeting 5-0.

Agenda Item 3 - 2010 BUDGET
Bruce -
. From now on you will receive Electronic delivery. No more printing expense no more Police time expended making delivery.
. Budget deficit for next year $125,543 dollars.
. Involves spending money.
. Harbor Improvement fund transferred into sewer reserve fund. Additional $334 thousand dollars puts Sewer fund at $713 thousand dollars.
. Separation interview with outgoing council member pointed out need to improve Town Hall.
. Needs weatherization and no more huddling around space heaters.
. Provide better and safer working environment.
Wayne - bring up to ADA (Americans with Disabilities Act) standards?
Jane - Major cost will be bathrooms.
Wayne - What about Fire trucks?
Bruce -
. Fulfills need to bring Town into 21st Century.
. The old school building is an absolute mess.
. We have only joint use parking 5 am to 5 pm.
. 495 years left on lease.
. Mary Joyce community center will only be used for Town events.
. When court is in session very busy.
Bradley - What about space we have in school?
Bruce - suitable only for offices.
Lyle - Meeting with Planning Commission Wednesday "Shoreline Management".
Bruce -
. Engineering plans already drawn.
. We have $25 thousand dollar grant.
Lyle - No additional costs?
Bruce -
. Shoreline goes away becomes private.
. No ongoing planning for Shoreline management.
Jim - Can we plow Harbor Fund into sewer loan?
Bruce - No. We need money to loan to residents who can not afford side sewer replacment.
Jane - Street to house requires private funding, cannot us loan money.
Wayne - Heavy rains cause sewage treatment plant to be overwhelmed.
Bruce - I have whole list of items requiring spending money.

TO BE CONTINUED TOMORROW GETTING LATE.

Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Wayne Stebner, Lyle Hardin, Jane Hunt
Attorney, David Britton
Planner, Rob White
Clerk/Treasurer, ??????????
Fire Chief, Don Torbet
Police Chief, Jeremy Kunkel
Electrician, Mo Fesharaki

CLERK/TREASURER RESIGNS

2009-11-20T23:02:00.000-08:00

Karen Carlisle has resigned effective December 1st. Karen served the Town reaching nine years on August 9th. She will be sorely missed and the knowledge of the Town which keeps the Council straight will be gone.

She would be well advised to sign a consultant contract with the Town for followup training and support for the new Clerk/Treasurer much like a former holder of that position Lorretta Prettyman did.

Karen reported she will miss the older citizens of the Town and loves her job but unfortunately can't take the nightmare anymore. The constant conflict and lack of support by Town officials has had an adverse affect on her health making this resignation necessary.

I was at the council meeting right after the CABAL took over four years ago and the harassment and intimidation started almost immediately. It started with a council person, in a very nasty manner, objecting to his correct comment put in the minutes and demanded it be changed. It was changed to falsify his statement.

Karen's job was threatened from the get go and held her position only with the backing of her Union. It is very sad that a devoted employee be subjected to this type of treatment right up to and including her last Ruston Council meeting November 16th.

They will soon discover that a treasure to the Town has been lost along with her significant knowledge of the Town's history. No more covering for the lack of past knowledge on the Council that doesn't like to listen to anyone but themselves.

Please stop by the Town Hall and wish her well. She has served this Town of Ruston diligently under very trying conditions.

MARY JOYCE

2009-11-20T22:58:00.000-08:00

Has suffered serious injuries after a fall in her home. She was stabilized by the Ruston Volunteer Fire Department under Chief Don Torbet and is now in Tacoma General Hospital.
Mary is alert and needs all our prayers to assist in her recovery.

ADIEU ADIEU

2009-11-18T11:38:00.000-08:00

Ruston, WA Regular Council meeting Monday November, 16, 2009 7:00 PM

Mostly about the budget and the budget deficit reduced from $600 thousand dollars to $130 thousand dollars mostly due to coordination between Police Chief Jeremy Kunkel and Mayor Bruce Hopkins. Mayor Hopkins received many plaudits for his arduous and intense work on the budget.

Another big ticket item the last council meeting for Council Person Dan Albertson who is to be replaced immediately after vote count is verified as he was appointed to the council. Praise was forthcoming from all for his service and dedication to the Town and his high intellect. Dan at times could be controversial but no one doubted his dedication and diligence. You would be well armed to have him on your side.
Hopefully he will retain his interest in supporting the Town of Ruston and its namesake Point Ruston.
Times are changing in this small town and its future looks bright with major projects underway investing in the Town's future.

The rest was fairly mundane, this meeting starting after two study sessions:
1) METER DEPOSITS 5:30 to 6:00 PM
2) BUDGET DISCUSSION 6:00 to 7:00 PM
neither of which I attended. CDs are available at Town Hall FOIA Public Records Request required.

STAFF REPORT
Don - all firefighters inoculated against H1N1 Swine flu virus
Jeremy - on Halloween Town Hall was opened up with candy for kids coffee for adults. Fire engine was present. Their was a great turnout.

GENERAL PUBLIC COMMENTS
Jim - talked about opening up Special meetings (EPA) to allow both sides of controversial issues to be heard. Suggested a second meeting to allow all citizens, property owners in Ruston to be heard.
Sherri - Congratulations to old council. Anything new on street lights?
Edith - concerned about ever day parking. Town employees and Court attendees take up all available parking places on streets. Wants house next to Town Hall (owned by Town) to have asphalt placed on front yard to provide additional parking for Town employees.
Jeremy - Thanks to Sherri who donated teddy bears for the Town's Halloween party.

BUSINESS
Agenda item #1 - MORRISSETTE proposed amendment #1
. Congratulated Town on obtaining on receiving USDA loan in the amount of $5 million dollars.
Jim - What amount in budget?
Bruce - Haven't put in yet.
Dan - $600 thousand dollars reserve in budget. Can we borrow or use our reserve? Can we put loan proceeds in reserve fund?
Bruce - We receive loan money only when work is completed.
Jane - Need motion to amend.
Wayne - Go back to original.
passes 5-0
Agenda Item #2 - Ordinance No. 1299 - UTILITY TAX RATES (second reading)
David - Taxing electric, natural gas and telephone at maximum rate. Title 35.
Jim - Due date?
Jane -
. Adopt 1299 second reading.
. Six percent maximum allowed.
. Goes directly to general fund not to special fund.
. Not our intention to raise thousands of dollars.
. Every municipality I know of charges this rate.
Jim -
. $50 thousand dollars.
. Not enough data. Need to get credible data.
. Shortfall pays for itself.
. Bring Ruston into the 21st century.
Sideline - Jane - May respond, Bruce - strike that. Brings laughter from audience.
Note: I can't always understand my own notations so did best I could on this one. Please comment.
passes 4-1 Wayne NO.
Agenda Item #3 - Ordinance No. 1300 - AD VALOREM TAX LEVY FOR YEAR 2010 (second reading)
David - Open to public comment as this is public meeting.
Sherri - I speak for this. Takes every one's ability to raise Ruston. I support this tax.
Public comments closed.
Bradley motion to approve Ord. No. 1300 Jane second.
passes 4-1 Dan NO.
Agenda Item #4 - Ordinance No. 1301 - FIRE INSPECTIONS (second reading)
Bradley - motion to approve, Jane second.
Bradley - Unclear if this applys to home businesses?
David - Paragraph 5B Out of Home businesses exempt.
passes 4-1 Dan NO
Agenda Item #5 - Ordinance No. 1302 - RESIDENTIAL UTILITY DEPOSITS AMENDMENT - (second reading)
Motion to table this item, second.
passes 4-1 Jane NO
Agenda Item #6 - 2010 BUDGET DISCUSSION
Bruce -
. This is a followup for those not attending Special Session.
. Any input from the Council?
Wayne - You have done a great job.
Jim - Can we make changes?
Bruce -
. Not right now. Make changes on soft copy.
. Budget pressure right now Utility Tax deposit $75 to $90 thousand dollar shortfall.
. We have made tremendous strides most cuts from Police Department.
. Hope is that Point Ruston will contribute in future years.

CLAIMS AND PAYROLL passes 5-0 Dan abstain

MAYOR'S TIME
. Last council meeting we had DARK SKY in mind.
. One in place corner Commercial street and Baltimore street.
. Boggling! Couldn't believe it.
Note: Looks like a medieval armor mask. Ugly. Totally unnecessary as previous light was adequate and provided for safe streets. Another run up the cost on Point Ruston $1 thousand dollars to $11 hundred dollars per pole. Muggers and burglars, car prowlers will love this. So much for SAFE STREETS.
Bruce -
. Notified Electrical Engineering to install new lights.
. Will use down Winnifred street.
. Jane - Light shines down not up.
. Talk with Mr. Cohen Thursday not good salesman.
Note: Already spends twice as much in Ruston as Tacoma and never satisfied. Why are the original lights NO PROBLEM in Tacoma? Something sinister going on here.
Bruce - No brainer.

COUNCIL TIME
Wayne - Nothing at this time.
Bradley -
. Thanks to Mayor and people who ran safe and sane campaign.
. No street signs.
. Thanks for service to Dan and Wayne (outgoing council members).
Jim -
. Officer Lawless honored.
. Thanks Karen for budget document bringing us to a more professional budget discussion.
. Thanks Mayor Hopkins for time invested in budget.
. CEPA timeline for appeals on Ruston side of Point Ruston has expired.
. Thanks council person Dan Albertson for his services to the Town.
. Wants to put past clashes behind them.
. Praises Dan's intellect as very good.
. Wife is due May 18th. Makes joke about baby's name.
Dan -
. As Husky fans we can come together.
. Appreciate opportunity to serve.
. I gave my best effort. Said exactly what I thought.
. Thanked Town Maintenance workers for service. They deserved raises.
. Last Special meeting with EPA and Project Manager Kevin Rochlin:
.. What he said was disappointing.
.. Residents wanted 230 ppm not 20 ppm.
.. People lobbied not true.
.. Rejected Seattle lab data.
.. Hopes next council stays on top of this.
.. Longtime residents not sufficient proof of overall risk.
.. Tempted to end my final night with:
... Nixon quote "You won't have me to kick around anymore"
... But decided on Martin Luther King's "Free at last".
. Thanks Council member Wayne Stebner for sticking to unpopular causes.
. Thanks Council person Jim Hedrick. No personal disagreements. He works hard.
. I leave with good thoughts.
Jane -
. Thanks people who voted for me.
. Want to contribute to Town.
. Thanks Dan and Wayne for their service.
. Thanks volunteers for helping us through tough times.
. Missed last meeting because of Hotel fire. Had to flee in my slippers and pajamas.
. Congratulations to newly appointed Police Chief Jeremy Kunkel.
. Thanks Mayor for arduous and tedious work on budget.
Wayne -
. Dan was appointed. His term ends this meeting.
. I was elected and have two more meetings.

Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Wayne Stebner, Dan Albertson, Jane Hunt
Attorney, David Britton
Planner, Rob White
Clerk/Treasurer, Karen Carlisle
Fire Chief. Don Torbet
Police Chief, Jeremy Kunkel
Electrician, Mo Fesharaki

-30-

RUSTON TATA

2009-11-13T12:20:00.000-08:00

Ruston regular council meeting November 2, 2009 7 pm:

Get the full skinny on Karen's blog at Ruston Meeting:

I will pass along some comments worth mentioning.

PUBLIC COMMENTS
Kevin - Regarding lights on Stack Hill. Lights inside still shine out. No dark sky. Need different fixtures. Need to look at.

Karen - Inappropriate place for myself and Council person Dan Albertson to air our differences. Bill Walker should not have been allowed to comment at Special meeting.
Dan - interrupts, you are OUT OF ORDER.
Karen - We need civil discourse in the Town.

Rick - Lights on Stack Hill too bright. Light pollution is serious issue.
Bruce - meeting 7:30 this morning.
Tom - Sent EMAIL to council.
Don - Two fire related ordinances need passing.
Mike Cohen - (developer stack Hill and Point Ruston) -
. Causing issues on lights in Ruston.
. Lights were approved by Town electrician.
. You have consultant.
. Have sympathy for Town of Rustons lack of staff.
. Tacoma has resources.
. We spend twice as much in Ruston for same things and still not satisfactory.

Note: Light is encouraged in other towns and cities as a safety issue, safe streets. Hard to figure these people what they want. Blackouts or further delay, increasing costs for Stack Hill. If I remember correctly the Council was happy for the new lights and the fact that Point Ruston/Stack Hill was paying for them and voted to use the same lights in the town proper. What gives here?

Remember, the previous council delayed Stack Hill two years ping ponging it back and forth between the Council, Planning Commission and Huitt-Zollars. When will Mr. Cohen's patience with the impeding efforts of the Town of Ruston run out? I will say it is overtime, past due and needs to be met head on in a court of law.

MAYOR'S TIME
. Commencement light issue.
. Unapproved lights.
. Need to put at beginning of planning stage not at the end.
. SEWERS
. Have approval on USDA loan $4.9 million dollars.
. Morrissette and Associates preparing costs.
. We have to test for arsenic when digging sewers.
. Have plan in place for what we find in dig.
. Tacoma wants new sewer agreement current expires 2013.
David - Tacoma takes over we own trunk lines.
Bruce - Point Ruston sewers owned by Ruston.
Note: I thought half of Point Ruston is in Tacoma.
. Thank you to Dan for Special meeting.
. Need to have meeting with Kevin Rochlin, EPA Project Manager, quarterly.
Note: How about a meeting with the residents and property owners in Ruston who are currently shut out of their own government.
COUNCIL TIME
Wayne - Praise for MO. Excellent job, proud.
Bradley - Nothing.
Jim -
. Happy with Jeremy (newly appointed Police Chief).
. USDA loan no accident, best for Town.
. Mayor expended lion's share of time worked with AWC (Association of Washington Cities).
. Bruce Hopkins is definitely the right man for the mayor's job.
Dan -
. Speed up Commencement.
. Has Point Ruston paid for our bond counsel money?
. Appearance of Kevin Rochlin, EPA.
. Not impressed by what he said.
. Goes on and on about independent lab in Seattle.
. Arsenic and lead are deadly.
. Need study in Ruston.
. People need to be very aggressive.
Note: Residents of Ruston with opposing positions not allowed to comment or testify.
So who are the people Dan refers to.
. Not enough to say "We don't know where this is coming from".
. People ingest dirt each day, every single day.

Note: yes and most have lived in the Town more than four years.
Remember WASH YOUR HANDS.
Why not have the Town spring for hand sanitizers for the Council and the Mayor. Maybe put one at the entrance too for Jobs for Justice and their adherents.
Long live Ruston and the dirt and dust which allowed me to survive healthy and strong for 75 years.

Note: CD of full meeting available in Town hall for those who want to go further than my notes. FOIA Public Records Request required

Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Wayne Stebner, Dan Albertson, Jane Hunt
Attorney, David Britton
Planner, Rob White
Clerk/Treasurer, Karen Carlisle
Fire Chief. Don Torbet
Police Chief, Jeremy Kunkel
Electrician, Mo Fesharaki

-30-

RUSTON v. RUSTON

2009-11-09T11:46:00.000-08:00

Part 3, Special council meeting Town of Ruston, WA Monday Nov.2, 2009 6 pm titled "Kevin Rochlin - EPA - Environmental Issues":

Rather astonishing as the ASARCO copper smelter closed in 1983 and became a superfund site. In 1993 the stack was demolished. In 2006 the site was sold to MC Construction dba POINT RUSTON. One has to wonder as to the timing 25 years later of the Tacoma Cabal dba The Town of Ruston. After exhaustive health studies with no adverse health affects discovered why bring this back to life now. One clue the two council persons primarily responsible for this juggernaut attack on Point Ruston chose not to run for office in the just completed election and will be replaced soon.

Could this be their departing salvo at the Town of Ruston itself disguised as an attack on Point Ruston and under the guise of a health epidemic? I remember attending a Citizens for a Healthy Bay meeting twenty years ago where it was disclosed arsenic had a half life but could not get a definitive date to where it would no longer have a lingering affect. These same two pro Tacoma Annexation council persons also led the effort to dismantle the Ruston Volunteer Fire Department much to the consternation of the Towns people.

Even more perplexing is why the Mayor and another council person would join in the attack on the Town. Pretty scary. One note: all are relative newcomers to the Town and may be reacting to the scare mongering techniques of Jobs for Justice and the Brotherhood of Carpenters Unions. But citizens of the Town who whole heartedly support the Town and who could provide valuable testimony to the proceedings are not allowed to testify or comment. Very peculiar, sounds like a setup to me with their minds already made up and not open to facts or contrasting view points. Very undemocratic and sadly very Ruston.

What follows is a summation of my notes although they do not contain all questions asked repetitively in order to get a different answer which was not forthcoming. Expect more of this until the new council persons are sworn in and saner minds allow two sided discussion. CD of full hour recorded meeting available at Town Hall FOIA Public Records Request required.

Wayne - as Senior council person I am in charge of this Special session and hereby pass my authority to Dan Albertson who will conduct the meeting.
Dan -
1) I understand you have a Power Point presentation how long will it take?
2) Issues I would like to see addressed:
a) Some photographic evidence outside of Point Ruston of dust clouds coming off of the property?
b) Steps taken for containment of contaminated dirt?
c) Monitoring, historical and future how accurate? Limited to Point Ruston.

Kevin -
. In 1983 ASARCO became a SUPERFUND site.
. In 1993 the STACK was demolished.
. In 2006 site was sold to MC Construction dba POINT RUSTON.
. Site and surrounding areas have been under remediation since 1987.
. Main focus has been on Ruston and North Tacoma.
. Yearly information provided. State standard for arsenic is 20 ppm (parts per million).

Dan - interrupts - Where did 20 ppm come from?

Kevin -
. 1 in 2,000 people could be affected.
. Ruston residents did not want cleanup at all.
. We look at every five years.
. Point Ruston meets EPA and Washington State standards.
. Ruston entirely cleaned up except for 3 houses where owners refused.
. EPA sampled 3,700 properties in Ruston North Tacoma cleaned up 2,300.
. Ruston Way not completed some samples contain up to 5,000 ppm.
. EPA cannot do slopes.
. Some cleanup funded with stimulus funds.
. What we do to protect public?
1- EPA is on site.
2- Dust control.
3- Temporary cap material.
4- Air monitors (3)
5- site specific action, level of contamination without adverse health.
6- Air monitors run 24 hours .02 micrograms is action level.
7- For workers 10 mcg - monitor at .05 mcg
8. Only two days from Apr 2008 to mar 2009 exceeded standard .02 mcg
9- 15 YEARS WITHOUT ADVERSE HEALTH AFFECT.
10- Other site managers - Department of Ecology, Citizens for Healthy Bay, EPA, et al.
11- Picture sent in of dust cloud was falsified. Ground contained too much water even puddles.
12- Have picture of car spinning wheels second car/person taking pictures.
13- Our sampling makes sure no re contamination occurs.
14- Our sampling ongoing long after smelter site gone.
15- Always long term problem with arsenic dust.
16- Wash hands when dirty same as swine flu.
17- What more does the Town of Ruston want?

Dan - early on all but 3 or 35 yards in Ruston not cleaned up.
Kevin - three.
Dan - Dirt in street not from yards?
Kevin - Potentially from three not cleaned up or coming from outside Ruston.
Dan - Arsenic on Point Ruston 2-300 above levels off site?
Dan - Provided testing in streets in Ruston 3-400 ppm. Dust blowing off of Point Ruston or blowing in the wind?
Kevin - Can give no credence to numbers without plan.
Dan - Lab tested 400 ppm not a guess.
Kevin -
. Will not give credence to random sample.
. ASARCO Point Ruston site not entirely cleaned up.
. We do the best job we can do on dust control.
Dan - People came down from Seattle and took samples. How much are you doing?
Kevin-
. None, cleanup is not completed.
. Sample not consistent.
. Need number of borings, value of yard.
. EPA looking for lifetime exposure.
. Random, I can not tell you where it came from or validity of.
Dan - MY SAMPLE 10 times state standard for acceptable levels of arsenic.
Kevin -
. Long standing policy of EPA to cleanup to a standard of reality.
1- 20 ppm is background number for state (non reality).
2- EPA has risk range
3- Meet first two criteria.
Dan - you have a better number than state?
Kevin - What is allowed within EPA standards is better than a standard we cannot meet.
Dan - Try to keep on Point Ruston regarding air monitors.
Kevin - Operating 99 percent of the time.
Dan - Some question as to my dust picture (hands it to Kevin). Have you seen it?
Kevin -
. Taken by people not part of site.
. Point Ruston has pictures of person taking pictures while car doing donuts in the dust.
. Sending people out to do this concerns me.
. Donut Dust picture is very suspect.
. STACK HILL I don't have authority but do anyway.
Dan - What is EPA doing to prevent re occurrence?
Kevin -
. We have license plate numbers and they have been turned over to Police.
. We are winterizing site. Hydro seeding.
. Moving as fast as I can. We use resources to water and hire temporary staff.
. I can not control other areas.
Dan - We should not have dust clouds in the streets.
Kevin - (to Dan)
. Issue is, with all due respect, there is no credence to your numbers.
. Cleanup has been going on for 15 years.
. Little evidence of contaminated dust piles.
Dan -
. Lot of dirt off of Stack Hill.
. What is your data in past, going forward of testing in streets?
. Good to see the data.
Kevin - same vehicles causing problems on top and bottom of hill.
Dan - What is your responsibility for cars. Are air monitors working?
Kevin - three monitors working.

Wayne takes over here.

Wayne - Had a meeting in 2006 and 2007 to test monitors. How far back do they go?
Kevin - 15 years back, all in operation.
Wayne - I called Department of Health and Department of Ecology. They would be doing things differently.

Kevin -
. Ecology is welcome to come in anytime they want.
. We have cleaned up to acceptable standards.
. You cannot rewrite history changing to 20 ppm instead of 230 ppm.
. All of Ruston has been remediated under current standards.
Kevin continues -
. If 20 ppm were standard we would not be anyway near cleaning up 300 square miles.
. Lower level (20 ppm) takes much longer.
. Lower level comes with higher risk standard.
. State of Washington has remediated low percentage due to 20 ppm standard relying on "warning" signs.

Wayne - Can Department of Health come in?
Kevin - Fine.
Wayne - Have alleys been cleaned?
Kevin - Dirt alleys yes, paved alleys no.
Dan - Do you have data on alleys?
Kevin - Your Town engineer has it.
Dan - When?
Kevin - Last month.
Kevin continues -
. Town Engineer has data.
. Part of our weekly meeting.
. Levels of contamination amazingly low.
Wayne - Did 100 percent of Ruston/North Tacoma require remediation?
Kevin - Not 100 percent. Further away from smelter levels went down.
Wayne - Did arsenic seep into clay?
Kevin - We had to get past hard clay to get clean back fill.
Bill Walker - (reading prepared statement/questions)
Note: Mr. Walker is currently involved in a Shoreline Permit Appeal v. Point Ruston and Town of Ruston.
. EPA's duty to protect citizens.
. EPA needs to do daily regulation.
(Hard to hear all statement/questions. Buy CD at Town Hall for complete text.)
Kevin -
. Town of Ruston no different from other sites.
. Will do whatever City Council wants.
. Town of Ruston must pay if believe it is necessary.
. Not sure what you mean (Town Council)
. We (EPA) do no oversight of people.
Adjourned 7:03 pm

NO PUBLIC COMMENTS ALLOWED. ONE OUTSPOKEN PROPONENT OF RUSTON SIDE THREATENED WITH ARREST/EXPULSION FOR TRYING TO MAKE CONTRADICTORY COMMENT COUNTERING TACOMA CABAL.

Most puzzling in the juggernaut against Point Ruston, Stack Hill and the Commencement is the Mayor, Bruce Hopkins and council person Jim Hedrick siding with the annexation twins against Ruston and condoning one sidedness. If you thought the recent election would solve the Town's "anti" development, animus problem you may be in for an unpleasant surprise.

Special Guest: Kevin Rochlin, Project Manager, Office of Environmental Cleanup, United States Environmental Protection Agency

Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Wayne Stebner, Dan Albertson, Jane Hunt
Attorney, David Britton
Planner, Rob White
Clerk/Treasurer, Karen Carlisle
Fire Chief. Don Torbet
Police Chief, Jeremy Kunkel
Electrician, Mo Fesharaki

-30-

FRED GREER

2009-11-04T15:54:00.000-08:00

Passed away recently. Read full obituary here.
Fred proudly served in the US Army during WWII and after an honorable discharge worked at the American Smelting & Refining Co. (ASARCO) in Ruston, WA. Retiring as a Furnace Foreman in 1971.
Truly a Ruston icon. Fred died at 99 years of age.
God bless you and you leave us with the fondest of memories.

DEMAGOGUERY IN RUSTON

2009-11-03T21:46:00.000-08:00

Ruston Special meeting November 2, 2009 6 pm cont., part two, subject:

KEVIN ROCHLIN - EPA - Environmental Issues

This meeting was pure and simple a continuation of the Tacoma cabal attacks on POINT RUSTON with adverse affects on the TOWN OF RUSTON. Why, is the unanswered question. I will attempt a line by line notes of the meeting in part three. A full tape or CD of the meeting is available at the Ruston Town Hall, public records request (FOIA) required.

Is this merely a last gasp shotgun approach to development in the Town of Ruston by outgoing council members. What I can tell you is NO COMMENTS were allowed by Ruston residents in objection to the cross examination aimed at Kevin Rochlin and the EPA. That I find rather astonishing. Answers from Kevin were accurate and precise mostly responding to repetitive questioning by Council member Dan Albertson who was not getting the answers he wanted and final gave up after half an hour and time running out on the one hour meeting to the cheers of some in the audience.

It was mostly arsenic and lead exposure that were the subject of the questioning. Not a single case of anyone being harmed by fallout from the ASARCO smelter has ever been proven. Zero, none. Lead in the soil is mostly the byproduct of many years of the use of leaded gasoline. Lead additives for older cars are still being sold. Small amounts of arsenic have been proven by studies to be beneficial. Arsenic was sprayed on apple orchards in Eastern Washington for years. A lot of money has been made off of scare mongering on this issue. The Pierce County Health Department did hair sampling on anyone who may have been affected in the in the EPA cleanup zones for five years. Nothing, zilch.

What is harmful is the fear factor being spread by opponents of POINT RUSTON and STACK HILL and the TOWN OF RUSTON. Fear, even illusory, leads to anxiety and causes heart and other health problems far greater than the residual toxic elements still existing in Ruston after the environmental yard cleanup was completed. Only three yards not reclaimed due to owner refusal. The cleanup at the smelter site is mostly completed and ongoing on Ruston Way.

One ASARCO retired employee recently reached his 100th birthday. He worked in the furnace room at the smelter for almost 40 years. I, myself, was introduced into the world at a home on the corner of 51st and Shirley, a mere two blocks from the plant and played happily in the dirt and dust during the war years when the plant operated 24/7 supporting the World War II effort in the Pacific and Europe. Over 3,500 jobs at the peak. Many retirees still live happily in the area with no ill affects from working in the copper smelter.

Almost all the main participants in the Tacoma cabal have lived in the town less than four years but apparently have come down with the hypochondria syndrome. Relax, I am nearing 76 and still play golf 2-3 times a week and take no prescriptions am in excellent health and my blood pressure rivals a younger person although attending these staged attack meetings does get me riled up. Hypocrites tend to do that. Phony fear mongering. Is it out of ignorance or contrived?

Sorry, part three will feature notes. This was a frightful experience of long ago solved issues being brought forth for no good.

Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Wayne Stebner, Dan Albertson, Jane Hunt
Attorney, David Britton
Planner, Rob White
Clerk/Treasurer, Karen Carlisle
Fire Chief. Don Torbet
Police Chief, Jeremy Kunkel

-30-

KEVIN ROCHLIN - EPA

2009-11-02T21:31:00.000-08:00

It was advertised: Kevin Rochlin - EPA - Environmental Issues but it was mainly the Dan and Wayne RUSTON INQUISITION. Started off with Wayne exerting his authority as senior council member to run the meeting and then passing it off to Dan.

In short, more to be added later time allocated was:

20 minutes Kevin Rochlin, EPA for PowerPoint presentation
30 minutes Dan Albertson representing the Tacoma cabal, mainly same old diatribe
10 minutes Wayne Stebner also Tacoma annexation/Fire Department expert
05 minutes Bill Walker reading prepared statement
02 minutes Jim Wingard trying to present the Ruston side, gavelled down, out of order, threatened with arrest, expulsion, but proceeded anyway.

Anyway you get the gist. This was a pre-arranged ambush of Kevin Rochlin who was more than a match for the Tacoma Boys.

Short notes:
Dan's soil samples done in Seattle lack credence.
Only three houses in Ruston not re mediated. Owners refuse.
Point Ruston arsenic level only exceeded two days in a year by .02 micro grams.
Dan/Wayne want full time inspector on site. EPA not authorized. Ruston can hire and pay for inspector full time for site.

This was a one sided fiasco for the Tacoma Boys. They came out losers on all issues.

NO COMMENTS WERE ALLOWED BY LONG TIME RUSTON RESIDENTS. NONE. How is that for open government?

Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Wayne Stebner, Dan Albertson, Jane Hunt
Attorney, David Britton
Planner, Rob White
Clerk/Treasurer, Karen Carlisle
Fire Chief. Don Torbet
Police Chief, Jeremy Kunkel
Electrician, Mo Fesharaki

-30-

RUSTON IN TRANSITION

2009-10-21T22:56:00.000-07:00

Ruston, WA regular council meeting Monday, October 19, 2009 7:00 pm:

Jim Hedrick appointed Mayor Pro Tem in the absence of Mayor Bruce Hopkins.

Another donnybrook with Dan berating a fellow council member and Town Historian/blogger Karen Pickett who dared to counter some Jobs for Justice propaganda. An arsenic laden salvo aimed at the heart of the town. As their time on the council nears its end they appear to be getting edgy as their anti Point Ruston podium will fade away and we can go back to being the Ruston I knew for 75 years.

But wait a cabal write in campaign aimed at the Mayor and a citizen running unopposed. A dedicated citizen and a dedicated Mayor devoted to working for the Town's survival. Implausible yet they, the Tacoma cabal, have dedicated tireless adherents looking to oppress the small town spirit so unique to Ruston. Plausible if you don't exercise your right to GET OUT AND VOTE. MAIL IN THAT BALLOT marked to salvage what is left of Ruston.

Agenda amended to remove Item 3 Appointing Ruston Police Sergeant Jeremy Kunkel as Chief of Police for the Town of Ruston
Arguments waged back and forth but support appeared to be unanimous for this Resolution No. 456 with the major impediment being the absence of the Mayor. The Town Attorney put the Resolution on the Agenda at the request of the Mayor without realizing the Mayor would be absent. Will be presented at the next regular council meeting Monday November 2nd and passage a foregone conclusion. Passes 5-0 as amended.

STAFF REPORTS
Don Torbet, Fire Chief
Police and Fire Departments will cooperate on handing out candy to children on Halloween at the Town Hall 5-8 pm. Coffee will be provided for adults in attendance.
Fire Department volunteers will receive swine flu shots Thursday night.
Jeremy Kunkel, Police Chief
Getting darker earlier use headlights. Anytime you use windshield wipers turn lights on.
Interviewing for a full time position.
Received grant money from Department of Justice reimbursement for training
NOF means Notice of Practice

GENERAL PUBLIC COMMENTS
Terry Knapp - hoped Jeremy Kunkel would be approved tonight. Been nine months since we have had a police chief in Ruston.
Dan Wombacher - owns lot on Commercial street, need flexibility. Zoning not required by Planning Commission unless substantial impact. Can us segregation to separate out. Mayor should take care of. No subdivision, not in State regulations.
Jim Wingard - objected to Dan's report titled "Environmental Issues in the Town of Ruston" previous meeting. Felt they were over the top.
Karen Pickett- Evil message (refer to previous comment) needs to be dealt with. Has great concern. Need to research issues not promote it. Need facts.EPA has soil samples, Jobs for Justice involved, area outside plant not remediated. Has pictures on website, RUSTON HOME.BLOGSPOT, of JFJ spinning out tires creating a dust cloud then getting out and taking pictures. Pictures on Karen's site show JFJ taking pictures with car running. Need to research before meeting.
Beth Torbet - Hope for EPA to be here to address issues, prioritizing properties. Why not test Point Defiance Park not just Ruston, prioritize. Dan's comments should have been cleared with EPA before being presented to Council. Many properties are lower than standards set.

BUSINESS
Ordinance No. 1297 BUDGET ANENDMENT
Bradley motion to approve, Jane second. Passes 5-0.

Agenda Item 2 - Environmental Issues in the Town of Ruston (Albertson)
Dan - Kevin Rochlin of EPA invited Nov 2nd for Study Session to begin at 6pm. Citizens for Healthy Bay to also be here. Have heavy schedule.
. talks about thalidomide.
. person who works for company suspect.
. arsenic known carcinogen
. Independent lab found 20 time state standard
. need answers from EPA
. Rochlin bring data from past
. protect residents from known hazard
. Nothing more tonight, updates only.
. no motion
. Study Session starts at 6pm
Jane - need to put in Town newsletter
Karen - I will put in newsletter
Jim - High time EPA reaches out to community.
. Own 2 houses in Town.
. What was done in community.
. EPA has not done "due diligence"

Ordinance No. 1298 International Fire Code (first reading)
David - thought already adopted. 2006 International Fire Code adopted by State of Washington. Cannot force to submit to fire inspection without warrant.

Ordinance No. 1299 Creating a new Chapter 5.10 of the Ruston Municipal Code relating to Utility Tax Rates (first reading)
David - directive from Mayor. Electric, gas, telephone. Clear statutory requirement, fixed rate.
Jane - need to change quarterly to monthly. Money to general fund. Need to not pay tax to Tacoma. Needed in Ruston.
Dan - raising utility tax rate in Ruston to Tacoma level. Will raise to max.
Jim - need fiscal statement.
Wayne - We are doing little to control sky high budget. Need to balance budget first.
Dan - need to see fiscal statement.
Jane - easy to do. Need for budget.
Jim - Don't like new taxes with no new services.
Jane - money going into funds cannot use for fire, police. Tax needs to go into general fund to use for services.
Dan - dedicated funds, cannot use money, backwards. Should not raise taxes until need shown.
Jim - we are using utility fund for street lights.
Jane - cell phone taxes do not go into a fund.
. charge on bill goes into fund
. State law states use.
. can loan money from fund with interest.
. need to get money into general fund.
. Town deficit not that great.
Dan and Wayne - erupt with laughter.
. not a handicap burden with taxes.
Dan - meeting with David and the Mayor.
David - special tax can go into general fund.
Wayne - feels sorry for people on fixed incomes.
Jim - talk to Mayor need budget recommendations.
First reading, public comments allowed next meeting.

CLAIMS AND PAYROLL - Dan abstain, Wayne no, passes 4-1.

MAYOR'S TIME absent

COUNCIL TIME
Wayne - tapes of meeting not good quality. Cannot hear Mayor and Counsel. Defective microphones?
. speaks in support of Police Sergeant Jeremy Kunkel, doing excellent job.
Bradley - two telephone calls regarding lights at Commencement.
Jim - Use 'dark sky' maintenance
Note: Stack hill now Commencement. They sure do like to keep Ruston in the dark.
Jim - regarding Resolution 456 put behind us. I support Sergeant Kunkel but the Mayor needs to be here. Need to clean this up. Jeremy has been on force for 10 years. He is highly dedicated and appreciate job he is doing.
Dan - (on high horse) I voted to resolve issue tonight. On agenda at request of Mayor. Strenuously object to council persons remarks. Revealing private conversation harmful.
. Public comment misrepresented danger of arsenic. Her and her blog have done damage and harm to reputation of the town. Note: anger with vehemence.
. Wayne Stebner had guts to say publicly we need the Tacoma Fire Department. Citizens came to meeting showing an appalling lack of civility.
. Website (now taken down) had anonymous comment accusing Wayne Stebner of having a sexual relationship with member of Tacoma Fire Department.
Note: a blockbuster statement had not heard before. Will attempt to clarify and debunk clearing the air at next meeting.
.In deposition admitted to posting anonymous comments on her blog.
Jane - I owe Sergeant Kunkel an apology. I think Jeremy has done a wonderful job. Support him 100 percent. Want Mayor to be here.
David - my fault. I put it on agenda with Mayor absent.

ADJOURN 7:59 pm

Special note: Hearings on ASARCO and fallout went on for years. Every time a new person comes into the town things get stirred up again. If this is being done to harm private development and hurt the Town it is most appalling. If this is being done out of ignorance it is even more grievous especially from a council person who should know better. This is a byproduct of shutting out the citizen's of Ruston from commenting on BUSINESS issues. A tremendous knowledge of the town sits in the audience waiting to be heard but they choose not to listen. Ignorance is bliss the old saw goes.

NOT ONE PERSON IN RUSTON HAS EVER BEEN HARMED BY ASARCO IN THE LAST 120 YEARS. THE HEALTH DEPARTMENT DID STUDIES ON RUSTON AND NEARBY REIDENTS FOR YEARS. I WAS BORN IN RUSTON TWO BLOCKS FROM THE PLANT ON 51ST AND SHIRLEY AND SPENT MY FORMATIVE YEARS PLAYING IN THE SO CALLED CONTAMINATED SOIL. I AM APPROACHING 76 YEARS AND HAVE YET TO SHOW ANY ILL EFFECTS. A PREVIOUS BLOG SPOKE ABOUT A RETIRED SMELTER WORKER NEARING 100 YEARS OF AGE WHO WORKED 37 YEARS IN THE FURNACE ROOM AND IS HEALTHIER AND SMARTER THAN ONE COUNCIL MEMBER.

SO FAR WE HAVE ASPERSIONS, INNUENDO, STAGED FAKE PICTURES, ACCUSATIONS, ALL UNFOUNDED. LET'S CUT TO THE CHASE. WHERE ARE YOU GOING WITH THIS. THIS SAME COUNCIL PERSON HAS IN THE PAST REFERRED TO ASARCO AS THOSE "HIDEOUS BUILDINGS". SURPRISING AS HE IS PRIVY TO THE INNERMOST HISTORY OF ASARCO, HIS FATHER-IN-LAW HAVING RETIRED FROM THE SMELTER.

TO GET TO THE TRUTH ALLOW PUBLIC COMMENTS AND NOT ONE-SIDED DIATRIBES. THIS TOWN IS UNDER ATTACK AND THE CITIZENS MUST RISE TO ITS DEFENSE.

Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Wayne Stebner, Dan Albertson, Jane Hunt
Attorney, David Britton
Planner, Rob White
Clerk/Treasurer, Karen Carlisle
Fire Chief, Don Torbet
Police Chief, Jeremy Kunkel
Electrician, Mo Fesharaki

-30-

TARGET POINT RUSTON

2009-10-06T12:27:00.001-07:00

Ruston, WA Town Council meeting October 5th, 2009 7pm:

Short and sweet with a negative diatribe on POINT RUSTON entitled ENVIRONMENTAL ISSUES IN THE TOWN OF RUSTON?

PUBLIC COMMENTS
Jim Wingard - noted almost automatic approval of items requiring budget revisions with the lone exception "raises for town employees".
Kevin Moser - commented on the glare from street lights on STACK HILL. Need to eliminate glare, not considerate of town. Likes street lights on 49th street better where light is downward directed. Used up his allotted two minutes.
Dan- motion to allow time to finish, Jane second. Passes 5-0.
Kevin continues -
Provided handout of four different types of street lights.
Wayne - You need to talk to me on this.
Bruce - street lights are out for bid now. Deciding between 100 watt bulbs or 70 watt bulbs, out for research. You have access to town electrician.
Jane - lights from Commencement light up my deck.
Dan - surprised neighbors have not complained?
Bruce - they (Point Ruston) paid for lights. See no need to change no homes affected.
Note: PROGRESS IS BAD, STOP IT OR SLOW IT DOWN WHEN POSSIBLE? Couldn't be could it?
JJ - Lights needed for security purposes.
Beth - follow through like Point Ruston.
Note: I thought SAFE STREETS encouraged outdoor lighting? Apparently Ruston hasn't got the word. Extra lighting deters burglars and vandalism elsewhere.
BUSINESS
Agenda item one - ORDINANCE 1297 BUDGET AMENDMENT
Wayne - budget why are we shifting.
Bruce - so money comes out of budget not electrical reserve fund
Wayne - why not $6 thousand dollars instead of $12 thousand dollars?
Karen - will be further expenditures
Wayne - would like to approve all expenditures individually
Jane - lining up items
Bruce - access ability there anyway. We cannot know exact dollars
Wayne - I am only one vote.
David - fund transfer requires public comment
Note: big brouhaha takes place whether it is one fund or two funds?
Jane - only one fund
Karen - Karen - budgeted out of 401, Electrical fund, paying out of 402 (Electrical reserve fund). Like checking and saving accounts.
David - excess funds
Bruce - not moving funds, just allocation source. Pay out of reserve fund.
Dan - just have public comment. Nobody will comment anyway.
Jane - need to cover
PUBLIC COMMENT ORDINANCE 1297
Kevin Moser - Saves money to have MO working hourly. More cost effective than bidding out.
First reading complete.
Agenda item two - Environmental issues in the town of Ruston (Albertson)
Dan - concerned about arsenic in Town.
.arsenic extremely toxic. Source of many cancers, names several.
.soil samples taken outside Point Ruston
.EPA standards 230 ppm
.testing shows, 300 ppm and 460 ppm
.Who in Ruston is monitoring?
.EPA fact sheet, in almost all cases, shows material leaving site below levels
.Shows picture of large dust cloud, cause for concern
.Gate is in Tacoma
.Why training for creating hazardous waste
.Nobody checking
.need EPA regulators to show up at council meeting
.Independent lab in Seattle did testing on readings from public street
.need explanation
.Why I put this on agenda Have not talked to Kevin Rochlin of EPA. Talked to Citizens for Healthy Bay.
.happy to have EPA and Citizens for Healthy Bay give 1/2 hour presentation to council
.am concerned about contamination off of Point Ruston
Wayne - We need Department of Ecology too.
Dan - forced to agree, regret it
Jane - called all government agencies. EPA, Federal Government, in charge.
Need this project to go forward.
Note: public comments not allowed on agenda items so here is my two cents for next meeting.
. sounds like another JOBS FOR JUSTICE hit job
. Ruston is not the right venue to vent your spleen.
. Public streets in Tacoma?
. Tacoma annexation duo has plenty of contacts in Tacoma
. Appears to be a last minute hatchet job by departing soon council member
. no documents provided
. no proof provided
. no witnesses identified
. In my Introduction to Law class it was made clear HEARSAY is inadmissible in a court of law
. But all Dan's comments appear to be HEARSAY!!
. I have yet to determine a reason for all this vitriol except to hamstring the town of Ruston leading to it's demise
Agenda item three - Meter Deposits (hopkins)
Bruce - Only one deposit required. Holding $11 thousand dollars in noncollectable utility bills from 2006. One utility deposit given back after ten years.
Note: Aren't unclaimed deposits required to be turned over to the state after three years?
Jane - change our laws. hold owner liable not tenant.
Wayne - why was meter not pulled?
Karen - not legal to pull meter November 15th to March 15th during winter.
All - on and on, landlord tenant, no pay no rental, make landlord responsible. do not accept deposit if overdue, etc., Note: It appears they don't have a clue!!!
Bradley - a voice of reason has had enough. Let's table this for a future study session.
Note: Wow, way to go or this could of went on all night in their now familiar chasing your tail routine or the circular firing squad. Thank you Brad from those of us who have another life.
MAYOR'S TIME - nothing
COUNCIL TIME
Wayne - worried about going above $40 dollar monthly sewer charge for residents
Bruce - BofA wants money in bank despite guarantee by Federal government and three percent interest.
Jane - need to spread our money around for safety
Bruce - Need to set investment policy. Remember Bof A owns Merrill Lynch holder of many suspect loans. need to address our own policy, self financing.
Jim, Bradley - nothing
Dan - three percent loan may be good years from now.
. Need to fund up front.
. When will Copperline condos be occupied?
. When is Point Ruston money coming in?
. If funding gap what happens?
. Need to see Point Ruston building plans
Bruce - need to focus on being able to get by on our own.
. facing services cuts nobody will like.
Dan - takes off on spiel on COMMENCEMENT
Bruce - They want temporary occupancy permit.
. I go down there two or three times a week.
. Dialog schedule meeting.
. reward at end of project.
. for now we need to survive seven to eight years on our own.
Jane - wants Point Ruston timetable. When is revenue coming in?
. need to know what is in front of us.
. thanks Kevin Moser and volunteers for work on Mary Joyce community center
. in talking to Kevin Commencement not completing anything in center
David - send Notice of Violation
Wayne - people moving furniture in. We need a stop work order.
David - violation of permits
Bruce - elevator is signed off.
Note: For God's sake don't try to help out getting things completed. Throw as many obstacles in their path as you can. It's not like Ruston needs the money or anything.
ADJOURN 8:07
Note: Another council meeting another step backwards!!!

Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Wayne Stebner, Dan Albertson, Jane Hunt
Attorney, David Britton
Planner, Rob White
Clerk/Treasurer, Karen Carlisle
Fire Chief. Don Torbet
Police Chief, Jeremy Kunkel
Electrician, Mo Fesharaki

MUNDANE TOWN

2009-09-24T12:53:00.000-07:00

Ruston, WA regular council meeting Monday September 21, 2009 7pm:

All present and accounted for noting the return of Dan
STAFF
Jeremy -
.attended leadership conference
.cleaning crew coning from Remann Hall
.coroner report - natural death
.Senator Patty Murray getting back to us on GRANTS.
Wayne - scale trucks - answer none
Jim - 66 verbal warnings, 6 parking
Don -
.8 calls August, 2 fire related rest medical aid
.attended summit on swine flu
.combination of four flus - 2 human, 1 aviary, 1 animal
.will not take lives but will make you very, very sick
.expect 40-50 percent of workforce out
.each individual will miss work one week
.expect media blitz including Governor Gregoire
.IMPORTANT: WASH HANDS
PUBLIC COMMENT
JJ -
LID
.spent $1 million on design, road construction
.cost increase from $11 to $14 million dollars plus water and power
.60 percent in Ruston
BALTIMORE STREET
.weight restriction
.no affect on cost (sorry Wayne) for Point Ruston
.weight allowed equal to weight of fire truck
.bringing two groups int Ruston
DON -
.heard 21 to 24 gunshots at 1245 am
.If town knows about them should give out information if does not conflict with law enforcement
BUSINESS
Agenda item # 1 - Discussion of increase of engineering costs for Mo Fesharaki
Wayne - take care of next meeting
Jane - have printout of flag and pole costs
note: Why not electrical outlets for XMAS lights etc.,
Bruce - we can sell advertising if not used
Ordinance 1295 - Adopting building permit, plan review and building department services fee schedules (second reading)
Wayne - amend to remove $90 dollar lawn sprinkler inspection fee
passes 5-0 as amended
Ordinance 1296 - Maximum load limits on N Baltimore street between Ruston Way and N Commercial street (second reading)
Removed from agenda
Resolution No, 455 - USDA
Jane - met with difficult time. Requires a revenue bond. Went through several times. Basically not a bond guarantees payment to USDA.
Wayne - cannot discriminate for any reason. Requires an audit, sooner not later.
Jane -
.loan requires a construction loan. When work is completed USDA loan kicks in.
.USDA interest rate is 4.5 percent, can go lower but not higher
.need sub contractor to monitor loan draws
Bruce - Money is guaranteed. Banks get 3 percent on construction loan.
Dan - cost overruns charged to Ruston?
Bruce - covered.
Dan - change orders, weather delays? Could get slammed.
Bruce - economy is down contractors hope to use less than $4.9 million dollars
Bruce - we could go back for more money if needed.
Dan - paying back over $10 million dollars over loan period
Bruce -
.over $125 thousand dollars for engineering our contribution
.We could put in $600 thousand dollars to lower loan
David - Claims will start first day. Need to budget for.
Jane - we can payoff loan sooner.
Jim - Need loan reserve account $26 thousand dollars per year for 10 years to meet criteria
passes 5-0
Agenda item #5 - October Domestic Violence Awareness month
Jane - authorize mayor to sign proclamation
passes 5-0
MAYOR'S TIME
.need to put into budget licensing cost for new online accounting system
. $55 dollars per month thereafter
.Can look at utility bills past 24 months
.can pay electronically. 18 cents charge per card usage
.thanks Jane for help in new accounting system
.need to put into budget for online training with accounting firm
.On the radar - garbage, Commencement will require compacting waste, new hauling containers
.Point Ruston will come online. Need to upgrade truck or?
.curb painting N 49th and Winnifred this weekend
.Commencement meeting room kitchen fully functional
.thanks Kevin Moser for tremendous amount of work effort, moving cavinets
.will be available December one for Town meetings
.we have need for neighborhood watch
.thanks Jane and Wayne for donating time on sewers
.handoff of USDA check will be big occasion
COUNCIL TIME
Wayne - will we be able to blog on Town website? Answer NO.
Bradley, Jim and Dan - nothing
Jane - don't be surprised in Norm Dicks releases a public announcement
ADJOURN 8pm (one hour)

NOTE:
.notice how facilely they add budget items when it pleases them?
.notice how they never increase their utility taxes?
.notice how they couldn't increase employee wages because it was not budgeted for?
.Is this the heighth of HYPOCRISY? We would love an explanation!
.Whatever happened to the budget (fiscal) inpact statements Dan and Wayne were pushing for?
.another amazing theme is how much they use the COMMENCEMENT trust fund for whatever?
.Never mentioning how they hated it and fought tooth and nail to stop it or delay it?
.Only one word comes to mind over and over: HYPOCRITES.
.Almost item for item the workload increases on the already overworked and underpaid Town employees without a murmur. Do they in totality have a conscience.
.These comments are here because they moved PUBLIC COMMENTS to before the agenda to keep comments on BUSINESS off the recorded record.
.Hope you serve coffee at meetings after December first from your new kitchen donated by the COMMENCEMENT.
.and while you are at it move EXECUTIVE SESSIONS to 6 or 6:30 before the meeting.
.Hard to find time for this as I am now into HUSKY blogging.
.will link to Karen's comments when available. Lots of comments there.
.Getting harder to hear the lower voices so please attend at the new expanded council meeting and get it straight from the horses mouth. Still plenty of seats at the Town Hall also.
.I apologize to the horses and I might have mentioned the wrong orifice.

Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Wayne Stebner, Dan Albertson, Jane Hunt
Attorney, David Britton
Planner, Rob White
Clerk/Treasurer, Karen Carlisle
Fire Chief. Don Torbet
Police Chief, Jeremy Kunkel
Electrician, Mo Fesharaki

-30-

BABEL MANIA

2009-09-11T11:12:00.000-07:00

aka Ruston, WA Town Council in irregular action. Ever lose your keys or your mind? Ever forgetful of their own ordinances and resolutions they often meet up with themselves, never getting anywhere and always with a surprised look. Did WE really? Constructing their very own TOWER OF BABEL in Ruston. Leaderless they wander in the vast mindless spaces in their very own small world.

When recently a council person had three unexcused absences he should have been replace via an resolution he introduced and had passed aiming at another council person but ending up ensnaring himself. If only law and order applied to the Ruston, WA Town council. Apparently they are immune from their very own ordinances and resolutions.

But most unruly they cannot remember what they just did! With all five less than four years experience as council persons they have a very limited knowledge of past goings on in the Town council. Nor will they allow any public comments during the BUSINESS discussions unless it is a favored person inside the cabal. To be enlightened might also shine a light on the confusion they prefer.

Ruston Town Council meeting September 8, 2009 continued:

Agenda item no. 6 - PEARL STREET ZONING
Jim - Do not amend until 2011. To do so now would be cost prohibitive. We need to move on $5 thousand dollar flags and eliminating employee raises.
*Three of the present council members voted affirmatively for Pearl Street zoning to commercial with three story height limit when they were on the Planning Commission but having restored the height limit they are now voting for residential. This was after spending $35 thousand dollar grant to study Pearl Street Zoning and then Bob and Wayne amending it back to being useless. They still want all the grants they can apply for though.

MAYOR'S TIME
.USDA loan for sewers goes out 30-45 days.
.Thanks Jane Hunt for dedication and work over the weekend.
.Getting up to speed on accounting system.
.Town clerk prepared budget previously on past instructions.
.New budget will be different format.
.Will be able to review building permit online, pay utility bills online and review your account and status online.
.Volunteer fire department very helpful in working on new Mary Joyce Community center.
COUNCIL TIME
Wayne - concerned Tree Committee not getting proper marching orders. Do they need approval not to meet?
Ginger Kryger - Committee is dormant only two members left.
Bruce - Need to add members, bring up to staff level.
Wayne - need to put hold on trees because of street lights.
Bruce - contractor sees no issues nor problems.
Bradley - Thanked Ruston Voluntary Fire Department for unbelievable response when false alarm went off at 3am. Alarm company unable to reach anybody but assured by Ruston Volunteer Department Fire Chief Don Torbet not a problem. VERY IMPRESSED!!!
Jim - nothing.
Dan - absent.
Jane -
.Starting budget process soon.
.Dan A excused or not excused?
.Anecdote- printer repair man detained twice by Point Ruston security and Ruston Police approaching him. Comment was you have good security.
Note: Yes at but what cost? Using half the town budget and with eight officers almost enough for one per block. Is it legal to detain people without cause? Enter Ruston at your own risk.
Adjourn

Final note: It doesn't seem to matter who gets elected/assigned to this council. The mantra never changes. Inhibit all progress where possible. Expect the Town employees to work for subsistence wages. Money is always available off budget for pet projects (flags, flower gaskets).

But no money in budget for Town employee raises. Of course, flags and flower pots increasing light standard costs were budgeted, weren't they? Hypocrisy reigns.

Look for BUDGET FISCAL IMPACT statement they voted for in recent meeting for the flags and flower pots at the next meeting September 21, 2009. Good luck. Nothing ever changes and when it does it is reluctantly. Sad. Long range planning apparently is a no no when you have to constantly vote for the whim of the day.

But it is schocking and unconscionable to subsidize this town on the backs of the Town employees while refusing to raise your own utility rates! And hypocritical to the extreme.

Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Wayne Stebner, Dan Albertson, Jane Hunt
Attorney, David Britton
Planner, Rob White
Clerk/Treasurer, Karen Carlisle
Fire Chief. Don Torbet
Police Chief, Jeremy Kunkel
-30-

FLAGS FIVE GRAND, EMPLOYEES ZERO

2009-09-09T20:36:00.000-07:00

Ruston Town council meeting Tuesday Sep. 8th, 2009 7pm:

PUBLIC COMMENTS
Mainly concerning Pearl Street zoning 52nd to 54th whether to make permanent change to residential. One for residential, four favoring commercial. Memories are very short on this council with Wayne now the senior council person. Remember a while back after spending a $35,000 grant to study this it was approved commercial 51st to 54th on Pearl street by the Planning Commission. All this was wasted when the bedroom community cabal duo, Wayne and Bob E., managed to amend out two blocks and lower the height limit basically emasculating the grant. Wasted grant and wasted effort town of Ruston vs. the cabal getting us to where we are now.
The present council isn't a lot of improvement doing over the do over. There is no long range planning here sticking to their campaign pledge of four years ago to turn Ruston into a bedroom community and annexing it to Tacoma.
One other comment requested accounting of legal costs of Point Defiance Cafe and Casino vs. Ruston eliciting a very still silence. All other comments received numerous responses from mayor and Council persons. One public commentator asked why and got response "too technical". My guess exceeding $50 thousand dollars and we haven't even gone to court yet. Will file FOIA public records request.
BUSINESS
STREET LIGHTING - COMMERCIAL DISTRICT
Wayne - can new pole standards hold flags and flower pots?
Mo -
.They are 150 feet apart not capable of handling banners.
.Increased costs above 50 pounds plus cross arms to hold.
.Cross arms approximately $4 hundred dollars. Beefing up poles increases to $5 hundred dollars.
.Design changes needed.
Jane - to Mo. can you provide pictures of what poles look like?
* look at new street lighting on Karen's blog RUSTON HOME.
.Possible to hang flag and picture of flower pot?
.Cross arm must go up at installation?
Wayne - need to advertise out request two bids.
Mo - Will need to write new specs, advertise.
Wayne - Costs? Need to move on this. Any council comments.
Mayor - $20 thousand dollars additional costs.
Mo - Nothing on 51st street.
Beth - Community would support, find dollars.
Mo - Would be higher. Different poles adding 250 pounds weight.
Jane - Add flag no weight?
Mo -
.Cost of concrete poles is higher to handle more weight.
.$5 thousand dollars added cost just for flags.
.There are standards we have to follow.
Jane - Agree with Wayne. We should have talked about this four months ago.
Bruce - we have incurring extra engineering costs.
Wayne - Makes motion to two require two separate bids, with without flags.
Jane - Second.
David - Expending added costs not valid on motion.
Mayor - Come back next week.
Mo - Get one bid on Pearl street, one on rest else higher costs two bids.
*Dipsy-do, got hit in the head with a screwball! As usual chasing their tails in an endless game of round and round we go.
RESOLUTION No. 454 - Building Department Services
Jim - One firm, need to terminate others?
Bruce - Will do tomorrow.
Jane - Benefit Town tremendously.
Jim - Lots of development, need Professional Services.
Wayne - In support of, can not support not getting more bids.
Bruce - Set fee schedule, no benefit RFP.
Wayne - Need to go out for bids. This is not right.
*Gee, way to slow things down Wayne who is functioning on his own sans Dan.
Bruce -
.Not random act. This was done systematically.
.We need automation, fund accountability. We need to know what is coming in going out, currently unknown, unacceptable.
Jane - They do a good job. Other towns quite happy.
Passes 4-0.
Ordinance 1295 - Building Department Services Fee Schedule
(first reading)
Ordinance 1296 - maximum Load Limits
Wayne - What is purpose.
Rob - Stop truck traffic over Burlington Northern trestle.
Wayne - If OK with BN. We need road rebuilt to new standards, new curbing.
Jane - We don't want a school bus dropping into tunnel.
Don T -
.My understanding not a weight issue, not engineering situation.
.Do not see a problem. Tacoma brings Ryder trucks.
Bruce - Need engineering approval.
Don T - Go a different agenda.
ITEM 5. Salary Provisions for Collective Bargaining Agreement
Bruce - Negotiator accepted council provisions except salary.
Jim - Passed last week on overtime hours.
Bruce -
.Can't talk on this, ongoing negotiations.
.Need council guidance to go back to negotiation.
Jim - Can we exclude some employees.
Bruce - Negotiations are torture session. Don't have right to call EXECUTIVE SESSION.
Jane - other commercial rate.
Bruce - Next step arbitration.
Jim - Go back to union with different numbers.
Jane - We can't approve, not in budget. Can't agree with this.
*But of course the flags and flower pots were in the budget???? Right? Wrong.
Wayne - make motion to approve so I can vote against.
Mayor - COL, 2 1/2 percent of 1.7 percent?
Jim - Hiring freezes all over, come back in 2011 and revisit.
Jane - second.
Passes 4-0.

*Does this really make sense. Stiff the Town employees for four years. All sorts of money for flower pots and flags though. Ongoing vendetta against town clerk goes on. Shameful. Just last month they voted to have fiscal, budget impact statements but none have been forthcoming.

All for now. Sorry for my short hand notes. More and better reporting on Karen's blog Ruston Home re: Council meeting. Finish later.

Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Wayne Stebner, Dan Albertson, Jane Hunt
Attorney, David Britton
Planner, Rob White
Clerk/Treasurer, Karen Carlisle
Fire Chief. Don Torbet
Police Chief, Jeremy Kunkel
Mo - Town Electrician

NEVER NEVER LAND

2009-08-21T09:51:00.000-07:00

Ruston Town Council meeting August 17, 2009 7pm:

Ho hum, another EXECUTIVE SESSION everyone out into the street except for our exalted rulers and the Tacoma cabal, of course. Almost routine now with the plethora of lawsuits and the anti-personnel environment which pervades this council.

Study session preceded regular session "Discussion of Town Street Lighting".
Caught the last half hour but the session rambled off into SEWERS et al. Let's face it these study session seem to lead nowhere but promises and "let's go find a GRANT"! In the real world it's "What did we do"? Voted our largest taxpayer out of business because we didn't like his sign. Gosh, we wouldn't need a GRANT if we were still getting the $30 thousand dollars each year in gambling taxes $150,000 five years.

Duh, were not dumber than dumb just less smart. But we'll pull the wool over the eyes of those GRANT people and cover our losses. Good luck on that one: Attention GRANT people!

But wait it gets worse. The POINT DEFIANCE CAFE AND CASINO lawsuit was bumped and has to be rescheduled two months down the line. You don't hear a peep in the council or from the Mayor on the exploding expenses on this lawsuit. No budget impact statement no financial analysis statement, just silence. Apparently the Town of Ruston's legal expenses on this lawsuit are buried in CLAIMS AND PAYROLLS and routinely approved. Legal costs to the Town estimated at $50 thousand dollars so far and an additional $20 thousand dollars for the do over.

The only peep you will hear is from the RUSTON INSIDER. DO YOU CARE, DOES ANYBODY CARE? The DECIDERS in the Town apparently are in play with this huge expenditure, apparently off budget, and so far have refused an almost zero cost to the Town settlement and brushed off the arbitration process and spend whatever it takes on the road to bankruptcy. TACOMA OR BUST has been their ultimate goal and nobody stands in their way.

What has all this to do with the regular council meeting well I only stayed through GENERAL PUBLIC COMMENTS and then departed there being only one issue on the agenda:
BUSINESS Resolution 453 To change the hours of the standard work week for Town Employees

Yah more like MONKEY BUSINESS. Employees plural is disingenuous. this is aimed at only one employee the Town Clerk/Treasurer who has been subjected to the wrath of the cabal for three and one half years after she correctly quoted a very vengeful council person and was forced to remove the correct quote and insert a false entry into the minutes of that meeting.

One GENERAL PUBLIC COMMENT Lyle Hardin - Thanked the Council for allowing him to go the AWC (Association of Washington Cities)Budget Session and especially Jane Hunt for getting him enrolled on a scholarship, coordinating and arriving on time.
Also has friend Associate Engineer who will provide lights, we install, doing project now.

Why don't the LAME DUCK TACOMA DUO give up and retire early. We need the new Ruston friendly attitude on the Council which is coming soon but not soon enough.

EXECUTIVE SESSION potential litigation
Sound familiar? Vellein's into the street wet and cold.

Here is a link to Karen's Council Meeting August 17, 2009 post.

Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Wayne Stebner, Dan Albertson, Jane Hunt
Attorney, David Britton
Planner, Rob White
Clerk/Treasurer, Karen Carlisle
Fire Chief, Don Torbet
Police Chief, Jeremy Kunkel

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FALSE ALARM

2009-08-13T11:06:00.000-07:00

The case of FABRE VS. TOWN OF RUSTON was not heard today. Apparently the judge had a divorce case or Steve Fabre, Point Defiance Cafe and Casino, vs Ruston and chose to hear the divorce case.

This left a lot of subpoenaed witnesses cooling their heels in the corridor. Some had to take the day off and in one case the Town of Ruston will have to pay per diem as well as mileage.

The best I can ascertain is the case is on hold and next week they are on call subject to half hour notice. Very hard on witnesses who have been subpoenaed. How they can accomplish all this I do not know but motions and jury selection precede the trial.

Interestingly the four council persons associated with the cabal never showed up? Inside information or? Kind of fishy and very expensive to both sides.

Stay tuned.

MILLION DOLLAR SIGN

2009-08-05T16:46:00.000-07:00

Oh my melancholy town, on the eve of the TRIAL OF THE CENTURY in Ruston, WA. Trial date now confirmed August 13, 2009 9am Pierce County courthouse room 2C. Let's get it on!

STEVE FABRE VS. TOWN OF RUSTON
Case Type: Injunction
Access: Public
Track Assignment: Non PCLR
Jury Size: 12
Estimated Trial Length:
Dept Judge: 05 VICKI L. HOGAN

Plaintiff Steve Fabre is asking for damages of $950 thousand dollars and there is a strong chance defendant Town of Ruston will have to pay attorney fees for both sides which could be substantial.

This all started when two private citizens of Ruston, WA walked into the POINT DEFIANCE CAFE AND CASINO (PDC&C)and demanded that owner Steve Fabre remove his sign that the cabal running the town considered demeaning to the Town's image. This and their campaign promise to eliminate all businesses played a large part plus a private lawsuit filed against several members of the Town establishment which included the wife of a sitting councilman, soon to become mayor, was settled out of court. Strike two if I may use a baseball metaphor, against them. The Town of Ruston turned down an very fair option to settle this case earlier!

Later both private citizens were elected/appointed to the Ruston Town Council. A third council person proposed a tax rate of 16 percent to be imposed on gambling revenues. The rate at that time was three to four percent floating bringing in tax revenues of $30 thousand dollars per year. The sixteen percent was reduced at the council session to 12 percent, a meaningless gesture, by a fourth council person still an out of business tax increase passed on an EMERGENCY basis 4-1. The tax was whittled down so as to apply to only one business in the Town of Ruston but still accomplished its aim to close the gambling portion of the POINT DEFIANCE CAFE AND CASINO. Strike three and you're out of here.

Thirty employees were put out of work and inexplicably the Town lost the $30 thousand dollars the gambling tax brought in annually. All this was accomplished as an EMERGENCY measure bypassing the second reading which would have been the next scheduled council meeting. No public comments were allowed at the first reading and the EMERGENCY followed a rumor that the owners and employees of the PDC&C would show up at the second reading to voice their misgivings.

This is GRANT town USA. You hear it at every meeting: grants, grants, grants. Having voted away $30 thousand dollars per year they still have enough gall to ask for grants to make up for their deliberate action. Case in point the need $100 thousand dollars plus to install new street lights and constantly talk of green energy lighting in order to qualify for a GRANT and saving 40 percent. Five years of Casino gambling operation would have brought in $150 thousand dollars which was diverted to other municipalities.

PDC&C became a target after losing battles to stop, delay several other projects which complied with the GROWTH MANAGEMENT ACT namely, STACK HILL and THE COMMENCEMENT. In another irony stopping THE COMMENCEMENT, which was their rallying cry, got them elected to power, was THE SAVIOUR OF THE TOWN OF RUSTON.

The COMMENCEMENT paid the town $4.2 million dollars for 1/3 of the school property, the lower parking lot. The only other bid was for $1.5 million dollars for the school and the acre of land it sits on. This got them no favors with the cabal running the Town and still an occupancy permit has not been issued for the project and its 62 condominiums. This put the Town of Ruston in a very favorable position to weather the current recession but it is being squandered. Why?

The $4.2 million dollars is deposited in an interest bearing SURPLUS PROPERTY FUND without which the Town of Ruston would not exist to this day. Without it they, the cabal, might have achieved another goal of ANNEXATION TO TACOMA. So far it has been their piggy bank to pay for their ill advised lawsuits which appears to be of NO BENEFIT to the Town of Ruston but more to fulfill whims of the cabal. Case in point the so called "BALLET CLASS" lawsuit vs. the COMMENCEMENT which cost the town over $100 thousand dollars the judge upholding the COMMENCEMENT lease and ordering Ruston to pay legal costs for both sides. And now the MILLION DOLLAR SIGN.

It appears $950 thousand dollars is an insignificant amount when it is not your money. Falls in the same category as the 500 year lease on part of the school (now closed) building they gave the COMMENCEMENT and are now trying to buy back. The AWC, Association of Washington cities, has paid all or part of the Town's losing/settled lawsuits but they may not be on board for this one.

Fortunately for the Town, stability will finally return to the Town of Ruston, WA in January 2009. Hope and wait and pray we can survive five more months.

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GRANTS AHOY

2009-08-04T19:45:00.000-07:00

Ruston, WA regular council meeting August 3, 2009 7pm:

Absent Bradley Huson, Bruce Hopkins. Jim Hedrick appointed Mayor pro tem. Worth mentioning as to the strange behaviour of Wayne and Dan here and on CLAIMS AND PAYROLL. Jane nominates Jim Hedrick as Mayor pro tem.
A strange silence pervades and finally Jim Hedrick had to second himself as Mayor pro tem. No response from Dan or Wayne. Jim offers to have Wayne Stebner appointed Mayor pro tem. Wayne declines and Jim is seated as Mayor pro tem. Why was this made so difficult? Game playing by the Tacoma duo who also have gone silent on the annexation issue.
Town Attorney is late and Dan, jokingly, offers to be Town Attorney pro tem. After a phone call to David Britton he is on his way and meeting proceeds.

AGENDA - Jane adds agenda item #1 to allow mayor to proceed with contract negotiations with SAFEbuiltinc to be hired as building inspector and for Licensing.
David asks for EXECUTIVE SESSION for "potential litigation" before item #5 CHANGE THE HOURS OF THE STANDARD WORK WEEK FOR TOWN EMPLOYEES. This appears to be a result of the Town Hall closing on Friday as no overtime is allowed for Town Clerk or assistant Town Clerk. NOTE: Strange, very strange.

PUBLIC COMMENTS - Only one, myself, responding to BUDGET (FISCAL) IMPACT STATEMENTS to be required on all future motions and resolutions. The point it would have been nice to have had this when they voted the Town's largest taxpayer's gambling operation out of existence. Cost to the Town $30 thousand dollars per year $150 thousand dollars over five years on an EMERGENCY MOTION bypassing second reading and not allowing public comments. Apparently the word was out Casino owners and employees were going to show up and comment at second reading. More on this later. NOTE: More than enough to pay for street light replacement?

BUSINESS -
AGENDA ITEM # 1 - AUTHORIZING MAYOR TO NEGOTIATE WITH SAFEbuiltinc
NOTE: Rather comical how serious it gets on issues benefitting the Town.
Jane - SAFEbuiltinc made a good presentation in preceding Study Session.
Wayne - Need due diligence, need to get other offers.
Jane - Not cost effective.
David (Town Attorney) rather have a resolution not contract negotiation.
Wayne - Why are we replacing current building inspector?
Jane - We have very large commercial buildings coming in need special expertise.
Wayne - Have we discussed this?
Jane - Yes, for one hour in Study Session before this meeting.
Wayne - Asking David: Good business practice to advertise?
Jim - Some urgency Commencement needs to get occupancy permit so new owners can move in. This is for negotiations only.
Wayne, to Dan: Do you know of urgency.
Dan - Need due diligence. Need to get references.Like the idea of permits being filed in a timely manner. New inspector would be impartial. This is for negotiating contract only. I am in favor of moving forward.
Passes 3-0.
AGENDA ITEM # 2 RESOLUTION NUMBER 450 PROFESSIONAL SERVICES
Jane motion, Wayne second.
Jane - How is this different from what we had before?
David - Village Properties, Rob White, Town Planner, owns the records and is an independent contractor. Town Clerk will get true and correct copies.
Dan - Original scope of assigned contract; Can we use for other purposes.
David - Hard to imagine any other purposes!
Rob - if modified could cause liability problems if used improperly.
Dan - Not beyond scope of original contract?
David - Right, that is what it was designed for.
Jane - to Rob; What if you died? Town needs to be protected.
Dan - Interpretation by Town Attorney OK.
Passes 3-0.

AGENDA ITEM 3 RESOLUTION NUMBER 452 FISCAL IMPACT STATEMENT AMENDING RULE 22
Dan motion, Wayne second.
Dan - Motion to amend page two sub section G to say ANY ORDINANCE not just those using funds.
David - Less than a hairball.
Jane - change any to all.
Amendment passes 3-0. Resolution 452 adopted 3-0.

EXECUTIVE SESSION ON POTENTIAL LITIGATION 20 MINUTES

Regular Town meeting resumes 8pm:

AGENDA ITEM # 5 RESOLUTION 453 CHANGE THE HOURS OF STANDARD WORK WEEK FOR TOWN EMPLOYEES
Dan - Defer to next council meeting (August 17).
Wayne second, passes 3-0.

CLAIMS/PAYROLL -
Jane- Motion to accept, Jim second. No discussion.
NOTE: SUSPENSE HANGS IN AIR. WILL DAN AND WAYNE VOTE THEIR USUAL NO.
Jane YES. Wayne NO. Dan ABSTAIN. Passes 2-1.

COUNCIL TIME -
Wayne - Talked with MO, town electrician, regarding need to find funding for street light replacement. Need energy efficiency (to qualify for grants). Need to stop playing games and put out for bid. Need to look at Electric (utility) fund and Surplus Property fund to be used in emergency.
Dan -
. I agree with Wayne Stebner. Foolish from a liability standpoint not to act.
. (Goes into a long discourse on LA CONNER budget document, best ever.)
. Our budget is unreadable. Need to document where money comes from, goes.
. Need to improve public services.
. We have two Town employees who do a wonderful job. In my view we need to look at their compensation.
NOTE: Only two?
Jane - We need grant for street lights. We save 40 percent. Everything is changing.
Wayne - Referring to LID lights not fully tested.
Jane - MO doesn't want to do this. Totally against energy efficient lights.
Wayne - We need to find funding before RFP.
Jim - How about a study session August 17 6pm with MO?
Jane - Invite suppliers also.
Wayne - We need to get on this.
Jim -
. Fire Chief wants KNOX BOX on all commercial buildings. Emergency situation will have access. Commencement wants KNOX BOX for 62 units. Need letter they are doing this voluntarily.
. Fire Chief has stopped inspections, no inspections. Not authorized under Municipal Code. Need Ordinance in 2010.
David - Ratify by separate ordinance.
Jane - Why not KNOX BOX?
David - in ISP. I think Fire Chief has authority.
Jim - POINT RUSTON COPPERLINE condominiums in Tacoma KNOX BOX mandatory.

Adjourn 8:22.

STEVE FABRE WITNESS EXHIBIT LIST

2009-07-29T12:29:00.000-07:00

Steve Fabre dba Point Defiance Cafe and Casino is the plaintiff in the upcoming trial August 13, 2009 Pierce County Superior court Judge Vicki Hogan room 2C at 9am:

Case Title:STEVE FABRE VS. TOWN OF RUSTON
Case Type: Injunction
Access: Public Track
Assignment: Non PCLR
Jury Size: 12
Estimated Trial Length:
Dept Judge: 05 VICKI L. HOGAN

This lawsuit asking damages of $950 thousand dollars derives from a personal vendetta against the Point defiance Cafe and Casino using public (Ruston) resources. Who representing the interests of the Town of Ruston would tax their biggest taxpayer, $30 thousand dollars per year on a sliding scale, OUT OF BUSINESS? This all started when two citizens of Ruston visited the PDC&C and asked that their sign be removed and escalated from there.

The attorney for Steve Fabre is Joan Kristine Mell, who has won 6 lawsuits vs. Ruston with no losses. They are in for a tough day (Ruston) with a no nonsense, no distractions judge.

Will try to get depositions but they are not provided on the LINX system.
The deposition list includes a who's who of the Ruston establishment past and present:

Dan Albertson
Bradley Huson
Jane Hunt
Wayne Stebner
Sarah "Sally" Everding
Kim Wheeler
James Reinhold
Jim Hedrick
Sharon Reese
Steve Fabre

RUSTON WITNESS EXHIBIT LIST

2009-07-29T12:14:00.000-07:00

RUSTON is the defendant in the upcoming trial August 13, 2009 Pierce County Superior court Judge Vicki Hogan room 2C at 9am:

Case Title:STEVE FABRE VS. TOWN OF RUSTON
Case Type: Injunction
Access: Public Track
Assignment: Non PCLR
Jury Size: 12
Estimated Trial Length:
Dept Judge: 05 VICKI L. HOGAN

This lawsuit asking damages of $950 thousand dollars derives from a personal vendetta against the Point defiance Cafe and Casino using public (Ruston) resources. Who representing the interests of the Town of Ruston would tax their biggest taxpayer, $30 thousand dollars per year on a sliding scale, OUT OF BUSINESS?

The attorney for Steve Fabre is Joan Kristine Mell, who has won 6 lawsuits vs. Ruston with no losses. They are in for a tough day (Ruston) with a no nonsense, no distractions judge.

Will try to get depositions but they are not provided on the LINX system.
The deposition list includes a who's who of the Ruston establishment past and present:

Dan Albertson
Bradley Huson
Jane Hunt
Wayne Stebner
Sarah "Sally" Everding
Kim Wheeler
James Reinhold
Jim Hedrick
Sharon Reese
Steve Fabre

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