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-
Thursday, August 18, 2011
Tuesday, July 5, 2011
ORDER ON SUMMARY JUDGMENT
Steve Fabre, individually; and Point Defiance Cafe and Casino,LLC;
Plaintiff
v.
Town of Ruston, et al.
Defendants
The Honorable Edmund Murphy in the Superior Court in the State of Washington in and for Pierce County,
County-City building room 822 June 24, 2011 1:30 pm
Plaintiff
v.
Town of Ruston, et al.
Defendants
The Honorable Edmund Murphy in the Superior Court in the State of Washington in and for Pierce County,
County-City building room 822 June 24, 2011 1:30 pm
CLERK'S MINUTE ENTRY
Steve Fabre v. Town of Ruston June 24,2011 Order on Motions for Summary Judgment.
Pretty perfunctory except one council person had separate counsel.
Pretty perfunctory except one council person had separate counsel.
Friday, June 24, 2011
RUSTON LOSES
Steve Fabre v. Town of Ruston June 24, 2011 1:30pm room 822 Judge Edmund Murphy: Motion to Dismiss
The former Mayor Council skate today. Dismissed from case.
Ruston not so lucky trial will go on for negligence, tortious interference, post Cuthbertson and 1253. Damages will be assessed at trial on NINE MILLION DOLLAR CLAIM.
They just could not leave well enough alone and poked the sleeping dog thinking it was a dead horse.
The judge held that Ruston Mayor/Council had legislative immunity dismissing all claims against individual defendants.
Res judicata or res iudicata (RJ), also known as claim preclusion, is the Latin term for "a matter [already] judged",
Res judicata claim by defendant Town of Ruston dismissed. Cuthbertson (Judge) dismissed claim. Ruston took no action to enforce new claims or actions.
Plaintiff res judicata upheld.
Grant each partially. No action on after Cuthbertson not repealed until December 10. Only Ruston argument.
Town shifted to Social Card games after declatory decision.
Summation of discretionary acts followed.
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
The former Mayor Council skate today. Dismissed from case.
Ruston not so lucky trial will go on for negligence, tortious interference, post Cuthbertson and 1253. Damages will be assessed at trial on NINE MILLION DOLLAR CLAIM.
They just could not leave well enough alone and poked the sleeping dog thinking it was a dead horse.
The judge held that Ruston Mayor/Council had legislative immunity dismissing all claims against individual defendants.
Res judicata or res iudicata (RJ), also known as claim preclusion, is the Latin term for "a matter [already] judged",
Res judicata claim by defendant Town of Ruston dismissed. Cuthbertson (Judge) dismissed claim. Ruston took no action to enforce new claims or actions.
Plaintiff res judicata upheld.
Grant each partially. No action on after Cuthbertson not repealed until December 10. Only Ruston argument.
Town shifted to Social Card games after declatory decision.
Summation of discretionary acts followed.
Claim for damages will go forward.
Plaintiff conversion, estoppel, abusive process dismissed.
Negligence, tortious interference will continue to trial.
My take is that the Town of Ruston should of quit when they were ahead. But the present council pressed on with Social card games then changing to house banked social card games in their haste to close the Point Defiance Cafe and Casino and its house banked card games including an illegal referendum.
The Casino and Steve Fabre may be made whole again but the damage to 35-40 employees and their lives cannot be repaired.
When you go "all in" with your credit card bad days are ahead. How bad will be decided on 06/04/2012 DEPT 09 - JUDGE MURPHY (Rm. 822 ) Confirmed 9:00 Trial (5 days).
Stay tuned for happenings along the way. CLERK'S MINUTE ENTRY will be posted when available.
One less law firm to pay but still legal bills will be substantial. A claim settlement is a definite possibility.
AWC, Association of Washington Cities, must be stone deaf not to pay attention to these thundering claims and lawsuits they have to pony up for.
Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Deborah Kristovich, Lyle Hardin, Jane Hunt
Thursday, June 23, 2011
FABRE VS. RUSTON
Steve Fabre V. Town of Ruston
Decision tomorrow June 24, 2011 Judge Edmund Murphy room 822 1:30pm County City building 8th floor.
Took notes but mainly legalese some judge Edmund Murphy's comments here as best as I could write them down. Not literal but my notes.
0)Services and claims notice not responded to.
1)Issues as covered by this motion such as Public Immunity addressed today. Find good reason to continue Summary Judgment motion, opportunity for discovery.
2)July 7 statute starts to run.
3)to Rosen: What do you mean.
4)Almost like amicus brief or advocate for Mr. Fabre. Court must make judgment. Not going to strike Miller declaration even though full of opinion.
5)Mr. Fabre attached declaration.
.Defense has relied on same defenses.
.Respond to each Fabre issue.
.Globally or directed by court.
.Actual factual statements.
6)(Stella) Same as Miller. You are giving it weight in response to Summary Judgment motion. Motion to strike positions, opinions, conclusions, his interpretations agree with defendants not fact but opinion. Grant motion to strike part of declaration but not strike attachments, exhibits attached to declaration.
7)(Mell) Strictly construed. (He is licensee)
8)2:55 pm 10 minute break.
9)(Underwood) After Cuthbertson ordinance was repealed. What was going on?
10)Except Mr. Fabre has closed down certain parts of business. February 15 to appeal.
11)Damages not adjudicated in previous trial.
12)(Rosen)Police should pencil out much money needed, ministerial action.
13)Individual motions by defendants.
14)Jennifer Underwood gets last word.
15)Thanks everybody. No decision today. Think about arguments date to come back. Parties available afternoon of 24th Friday. Decision then.
Ends 4:15 pm.
MOTION TO STRIKE Clerks minute entry:
Decision tomorrow June 24, 2011 Judge Edmund Murphy room 822 1:30pm County City building 8th floor.
Took notes but mainly legalese some judge Edmund Murphy's comments here as best as I could write them down. Not literal but my notes.
0)Services and claims notice not responded to.
1)Issues as covered by this motion such as Public Immunity addressed today. Find good reason to continue Summary Judgment motion, opportunity for discovery.
2)July 7 statute starts to run.
3)to Rosen: What do you mean.
4)Almost like amicus brief or advocate for Mr. Fabre. Court must make judgment. Not going to strike Miller declaration even though full of opinion.
5)Mr. Fabre attached declaration.
.Defense has relied on same defenses.
.Respond to each Fabre issue.
.Globally or directed by court.
.Actual factual statements.
6)(Stella) Same as Miller. You are giving it weight in response to Summary Judgment motion. Motion to strike positions, opinions, conclusions, his interpretations agree with defendants not fact but opinion. Grant motion to strike part of declaration but not strike attachments, exhibits attached to declaration.
7)(Mell) Strictly construed. (He is licensee)
8)2:55 pm 10 minute break.
9)(Underwood) After Cuthbertson ordinance was repealed. What was going on?
10)Except Mr. Fabre has closed down certain parts of business. February 15 to appeal.
11)Damages not adjudicated in previous trial.
12)(Rosen)Police should pencil out much money needed, ministerial action.
13)Individual motions by defendants.
14)Jennifer Underwood gets last word.
15)Thanks everybody. No decision today. Think about arguments date to come back. Parties available afternoon of 24th Friday. Decision then.
Ends 4:15 pm.
MOTION TO STRIKE Clerks minute entry:
SLEEPY TIME IN RUSTON
Ruston, WA Regular Council Meeting June 6, 2011 7pm:
Lasted two hours 25 minutes with Executive Session cancelled. Left at 8:06 still on
Agenda item #1 Sewer Bid Award
Main item in Jerry Morrissette's presentation was urgency. Needed to be approved tonight. Notice to contractors 45 days. Costs could triple if we don"t do this now. If we don't do it now must involve Tacoma. Engineer recommends approval.
Passes 4-0.
For more extensive notes from Town of Ruston, WA website click here.
This is Municipal Reference Library then Minutes archived for June 20, 2011 contains June 6 minutes.
Agenda follows:
Lasted two hours 25 minutes with Executive Session cancelled. Left at 8:06 still on
Agenda item #1 Sewer Bid Award
Main item in Jerry Morrissette's presentation was urgency. Needed to be approved tonight. Notice to contractors 45 days. Costs could triple if we don"t do this now. If we don't do it now must involve Tacoma. Engineer recommends approval.
Passes 4-0.
For more extensive notes from Town of Ruston, WA website click here.
This is Municipal Reference Library then Minutes archived for June 20, 2011 contains June 6 minutes.
Agenda follows:
STAFF MEETING
Staff Meeting Agenda June 6, 2011 3:30pm. New one on me. No minutes available. FYI only.
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