Such animosity the BAGATELLES aim at Point Ruston is beyond any reason. Reduced to (3-2) in the Town Council flim flam is their last respite and thinly veiled snippets at the defenseless Town Clerk. Knowing if they can harass her into resigning the Town of Ruston would descend into chaos. The urgency of the moment was a small comment by a News Tribune reporter that he could not receive a document immediately and had to wait his turn. Besmirched again they lamented.
A simple inquiry would have told them the Town is inundated with PRRs (see last blog, KING OF RUSTON) and the two town clerks spent 70 of 80 hours the previous week just answering PRRs most of which require approval from the Town Attorney before releasing. Their beloved Tacoma has two full time clerks just for PRRs! It doesn't take a lot of bravery when your opponent is a hard working town servant unable to defend herself. You have done all you can to hamstring the Mayor(s) and the Town operations.
Dan and Wayne, Wayne and Dan, the dynamic duo of annexation and bankruptcy. Unceasing in the micro managing of the town's finances and harassment of anyone who disagrees with them or runs against them in an election. Now that it appears the Ruston cabal is disestablished they have been anointed as the Tacoma cabal. You would think men of such stature would realize the jig is up and retire in a ceremony of opprobrium. To go out as BAGATELLES in total ignominy and defeat seems unreasonable.
Tacoma will not annex Ruston and its myriad of bigtime problems and gigantic self imposed lawsuits. It is very clear if you read between the lines of the interviews with Tacoma Mayor Bill Baarsma and City Manager Eric Andersen they only have eyes for Point Ruston, the jewel of the Pacific Northwest. Else, they parse their words answering "sometime in the future." Look up NO in the dictionary or are you deaf to anything contrary to your contrary goals.
They loudly proclaim their only interest is protecting the town's liabilities for the future at the same time working to eliminate that future through annexation, bankruptcy or frivolous lawsuits and putting out of business the town's largest taxpayer through a going out of business tax increase. Private lawsuits financed on the town's dime, they are all for it.
Start with Wayne and the so called "ballet lawsuit" where against all advice they could not win, instigated a lawsuit to terminate the 500 year lease a local condominium builder had on the Ruston school auditorium. The judge remonstrated harshly with the town for this waste of court time and upheld the perfectly legal lease ordering the town to pay court costs for both sides, total cost about $100 thousand dollars. Not sure how much Association of Washington Cities paid on this one (PRR anyone?). Rest assured Wayne and his followers didn't contribute a single red cent.
Not to be outdone Dan and his cohorts decided they didn't like the sign in front of the Point Defiance Cafe and Casino and asked for the sign (still not paid for) be removed. As Dan at the time was running for the Town council the request carried the threat of official intimidation. The sign didn't come down and worse the owner of the Point Defiance Cafe and Casino won an out of court settlement from the local Connection and the wife of a town council person who later became mayor of Ruston. Intrigue abounds in a small town divided against itself.
Months later Dan was appointed (we need him now!) as a council person bypassing all former procedures as an emergency appointment. Soon rumblings of a 16 percent tax increase were floated and months later an emergency tax increase of 20 percent was proposed reduced to 12 percent from 2-4 percent floating was enacted bypassing second reading. Ostensibly the town needed the income to stay afloat but the end result was foreordained. The Point Defiance Cafe and Casino closed down its gambling operation throwing 35 employees out of work before the holidays. Oh yes, that was the town's largest taxpayer the town losing $30 thousand dollars annually. Sound like a sound and wise decision if you are following your oath of office to uphold and support the town you represent on the council?
The resulting lawsuit, still pending, to be heard in an August jury trial the town spurning a settlement on very favorable terms (another PRR opportunity?). It is unknown who makes these decisions as the town does not have an organization chart!!! Stay tuned to RUSTON INSIDER for the lowdown on that one. One PRR request had the CLIENT blacked out even though the client of record is the Town of Ruston. Very puzzling and maybe a cover-up. Without an organization chart only the shadow knows.
Give it up! Bon voyage. Tacoma really does need you!
Monday, April 13, 2009
Saturday, April 11, 2009
KING OF RUSTON
Or KING of the PRR FOIA to be nominated today. A double, KING of the LAWSUITS, too.
Before the Cabal later to be reorganized (smaller) Tacoma Cabal, the Town of Ruston had no lawsuit involvement. A FOIA PRR was a bureaucratic sandwich. Admit it we were clueless on this alphabetic potpourri. Well here goes:
FOIA - Freedom of Information Act
PRR - Public Records Request
The number one lawsuit of all time:
08-2-10459-7 CCL STEVE FABRE VS. TOWN OF RUSTON
came about after Dan Albertson when he was running for Ruston Town Council position appeared at the Point Ruston Cafe and Casino requesting they take down their sign which was not suitable to members of the Cabal and deemed not a dignified sign for the entrance to Ruston.
.
Gambling! Gambling in Casablanca (Ruston) I am horrified.
.
Well the sign didn't come down (still paying for it) and the Town's largest taxpayer forced to close its gambling business laying off approximately 35 workers just before the holidays. This was a result of an exorbitant death tax of 12 percent, passed as an emergency measure, supposedly to save the town from going broke, but in reality losing the the Town's largest taxpayer, $30 thousand per year at the time, $150 thousand or more five years.
Shortly thereafter the Point Defiance Cafe and Casino filed a lawsuit against the Town for $950 thousand dollars. A very reasonable offer to settle was made by the Point Defiance Cafe and Casino and was rejected by whom we do not know. The Town of Ruston has no organization chart and thus who makes decisions is a mystery. Suspect the usual suspects. Trial date:
08/13/2009 DEPT 05 - JUDGE HOGAN (Rm. 2-C ) Confirmed 9:00 Trial
All because of a sign the Cabal deemed offensive. All financed by the Town of Ruston which has no pecuniary interest in the matter, in fact has suffered great harm financially.
But back to those PRRs which were a rarity BC (Before Cabal). My nomination for King of the PRRs is the person who submitted (attached below) a three page PRR which required a box of paper and a substantial amount in legal fees to read and release all the documents requested. At this time I am not up to date on the Guiness Book of World Records so we'll suffice for KING OF RUSTON PRRs for now. KING OF THE WORLD is a stretch.
Well so much for the suspense it is once again our very own Tacoma Lawyer Dan Albertson.
All lawsuits involving the Town of Ruston may be viewed at LINX search.
Biggest PRR request ever attached includes bonus PRR at end:
.
Before the Cabal later to be reorganized (smaller) Tacoma Cabal, the Town of Ruston had no lawsuit involvement. A FOIA PRR was a bureaucratic sandwich. Admit it we were clueless on this alphabetic potpourri. Well here goes:
FOIA - Freedom of Information Act
PRR - Public Records Request
The number one lawsuit of all time:
08-2-10459-7 CCL STEVE FABRE VS. TOWN OF RUSTON
came about after Dan Albertson when he was running for Ruston Town Council position appeared at the Point Ruston Cafe and Casino requesting they take down their sign which was not suitable to members of the Cabal and deemed not a dignified sign for the entrance to Ruston.
.
Gambling! Gambling in Casablanca (Ruston) I am horrified.
.
Well the sign didn't come down (still paying for it) and the Town's largest taxpayer forced to close its gambling business laying off approximately 35 workers just before the holidays. This was a result of an exorbitant death tax of 12 percent, passed as an emergency measure, supposedly to save the town from going broke, but in reality losing the the Town's largest taxpayer, $30 thousand per year at the time, $150 thousand or more five years.
Shortly thereafter the Point Defiance Cafe and Casino filed a lawsuit against the Town for $950 thousand dollars. A very reasonable offer to settle was made by the Point Defiance Cafe and Casino and was rejected by whom we do not know. The Town of Ruston has no organization chart and thus who makes decisions is a mystery. Suspect the usual suspects. Trial date:
08/13/2009 DEPT 05 - JUDGE HOGAN (Rm. 2-C ) Confirmed 9:00 Trial
All because of a sign the Cabal deemed offensive. All financed by the Town of Ruston which has no pecuniary interest in the matter, in fact has suffered great harm financially.
But back to those PRRs which were a rarity BC (Before Cabal). My nomination for King of the PRRs is the person who submitted (attached below) a three page PRR which required a box of paper and a substantial amount in legal fees to read and release all the documents requested. At this time I am not up to date on the Guiness Book of World Records so we'll suffice for KING OF RUSTON PRRs for now. KING OF THE WORLD is a stretch.
Well so much for the suspense it is once again our very own Tacoma Lawyer Dan Albertson.
All lawsuits involving the Town of Ruston may be viewed at LINX search.
Biggest PRR request ever attached includes bonus PRR at end:
.
-30-
Tuesday, April 7, 2009
TWEEDLEDEE
Ruston Town Council meeting April 6, 2009:
Quick summary: OLD BUSINESS
Agenda item 2 - Ordinance no.1278 - Private Alarm Systems - 60 day moratorium to be added. Tabled.
Agenda item 3 - W. R. Rust Playfield / Dog Park
Wayne - put police phone # on sign.
Bruce - enforce only, no phone #
Need survey, new gate for large vehicles. Tabled.
Agenda item 4 -Ordinance no. 1280 -Designating permitted off-leash areas
Bradley - Presently dogs and children mixed. Dogs run loose. Town faces major lawsuit if child is mauled, dragged. Will rework old ordinance. Tabled.
(Ongoing it turns out for two and one half years.)
Agenda item 5 - Resolution no. 438 - Utility Extension Agreement Passes 5-0.
Agenda item 6 - Tacoma Recycling contract renewal - one year renewal
Used to be an automatic pass before advent of the Cabal. Tabled to April 20th.
Quick Summary: NEW BUSINESS
Agenda item A - Ordinance no. 1283 - repealing Ordinance no. 1282 - Sewer Utility Fees
aka grease trap conundrum.
Bradley - need list of Tacoma fees
Karen - still charging 2008 fees
Jane - can we make it retroactive?
David - No.
Tabled April 20th.
Agenda item C - Resolution no. 441 - Tacoma/Pierce County Solid Waste Management Plan
David - expires first of the month if we don't sign. Passes 3-1-1 (Wayne no, Dan abstaining)
Agenda item D - Revenue from sale of lots on Commercial street
Dan - sold with three years to build. No house on end lot. Losing revenue in 2005 $2500, 2008 $4500. Collecting revenue no. Go after drafters Errors and Omissions insurance policy? Reasonable to look into.
David - Only place restriction found was in bid sheets. Not in MLS agreement. Not referenced. Nothing binding does not run with land. Cannot ascertain who drafted it.
Dan - make phone calls. Maybe they will confess. Now $17,500 reasonable to look into.
David - how to determine who was involved?
CLAIMS AND PAYROLLS
Wayne - need accounting each bill submitted.
Dan - Surplus property fund used? We need particular account on each bill.
Karen - LGIC account all funds lumped.
Dan - LGIC all accounts?
Karen - one lump sum. We receive beginning and ending balance only.
Wayne - charging at Lowes?
Big brouha follows on who has possession of Town's charge cards at: Lowes, Home Depot, Office depot and Shell Oil company.
Pass 3-1-1 Wayne voting no, Dan abstaining.
(Millions for private lawsuits on the Towns dime but penny pinching on the bills. Sounds like more harassment of the mayor and the town clerk. More later.)
PUBLIC COMMENTS -
Sherri - thanks to Bradley for underwriting Easter egg hunt. Would like additional support.
John - need to provide jobs.
Bev - Thanks Fire Department for inspection . Two unknown problems found, fixed. Group works together. Did not wake up children during nap time. Two and half year old little guy awarded JUNIOR FIREFIGHTER.
Karen - people do not support going forward with discussions with Tacoma. Put effort to saving town not annexation. Balance budget not ruin economy.
Deb - need dog park - time running out. No survey expedite.
Beth - business district grant to Tacoma side of Pearl street for angle parking on Pearl. Need pedestrian lighting not angle parking.
MAYOR'S TIME
Jerry Morissette, town Engineer - finding short term funding for sewer (worst case). Qualify if community inside community qualifies for low income. 40 year loan through Federal Gov't 4.5 %. Or guaranteed loan through commercial bank with Federal guarantee. Need to move quickly requires Mayor's signature by Friday.
Bruce - 40 year term on $1 million intriguing.
Jerry - will discuss with Mayor (email) $4.2 million full job.
Bruce - letter written to Tacoma. Edited by David per council request. Cannot keep Ruston name. Tacoma agreed to talk about options. Answers to Stebner's questions, brief, will share later.
COUNCIL TIME -
Jim - Met with Tacoma Mayor Bill Baarsma and City Manager Eric Anderson along with Bruce, Jane and myself. Mr. Anderson may come to Ruston council meeting. Contracting out services Point Ruston first priority.
Bruce - Tacoma police at Point Ruston. Baarsma - police presence on Ruston Way during summer. Utility charges?
Baarsma - symbiotic on Point Ruston.
Andersen - have sense of identity, neighborhood councils.
Andersen - need number of people in Ruston, size of budget.
Baarsma - I will only be in office a few more months. Kept repeating "sometime in the future."
Not willing on annexation.
Dan -
1) Wayne is my hero monologue. Courage to talk about it (Wayne) fire department/annexation, continually impressed with Wayne.
. Estimated $200 thousand deficit now $700 thousand with sewers.
. $1.2 million pouring in in 2014 (Marcotte report). How bad are finances are and no one is complaining.
2) Regarding Point Ruston - people ranted on Commencement give away silent on Point Ruston, Stack Hill giveaways. Not thinking of views. No preordained answers on Point Ruston.
3) Grow out of economy? No. No answer.
4) PRR article in Morning News Tribune gives town a bad reputation. We will pay for it but not me.
(More on this hypocritical stance bext blog KING OF THE PRRs)
Jane -
. Tacoma open to talks. Will work with us.
. Will look at services.
. Two hours of questions on annexation. Room very silent.
. faulty sewer in Tacoma LID is formed affected citizens pay.
Bruce -Tacoma wants vote on annexation. Wants to know what people want.
Dan - Wants Wayne Stebner included in talks. Jane ambiguous voted for to vote against. A definite YES vote.
Jane - Annexation would be greatest thing for Point Ruston, Mr. Cohen.
Dan - hotel could not be built in Tacoma. That is why they built it here.
Jim - Tacoma has higher height limit.
David - need 20 minute EXECUTIVE SESSION
Bruce - adjourn for Executive Session.
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, Karen Carlisle
-30-
Quick summary: OLD BUSINESS
Agenda item 2 - Ordinance no.1278 - Private Alarm Systems - 60 day moratorium to be added. Tabled.
Agenda item 3 - W. R. Rust Playfield / Dog Park
Wayne - put police phone # on sign.
Bruce - enforce only, no phone #
Need survey, new gate for large vehicles. Tabled.
Agenda item 4 -Ordinance no. 1280 -Designating permitted off-leash areas
Bradley - Presently dogs and children mixed. Dogs run loose. Town faces major lawsuit if child is mauled, dragged. Will rework old ordinance. Tabled.
(Ongoing it turns out for two and one half years.)
Agenda item 5 - Resolution no. 438 - Utility Extension Agreement Passes 5-0.
Agenda item 6 - Tacoma Recycling contract renewal - one year renewal
Used to be an automatic pass before advent of the Cabal. Tabled to April 20th.
Quick Summary: NEW BUSINESS
Agenda item A - Ordinance no. 1283 - repealing Ordinance no. 1282 - Sewer Utility Fees
aka grease trap conundrum.
Bradley - need list of Tacoma fees
Karen - still charging 2008 fees
Jane - can we make it retroactive?
David - No.
Tabled April 20th.
Agenda item C - Resolution no. 441 - Tacoma/Pierce County Solid Waste Management Plan
David - expires first of the month if we don't sign. Passes 3-1-1 (Wayne no, Dan abstaining)
Agenda item D - Revenue from sale of lots on Commercial street
Dan - sold with three years to build. No house on end lot. Losing revenue in 2005 $2500, 2008 $4500. Collecting revenue no. Go after drafters Errors and Omissions insurance policy? Reasonable to look into.
David - Only place restriction found was in bid sheets. Not in MLS agreement. Not referenced. Nothing binding does not run with land. Cannot ascertain who drafted it.
Dan - make phone calls. Maybe they will confess. Now $17,500 reasonable to look into.
David - how to determine who was involved?
CLAIMS AND PAYROLLS
Wayne - need accounting each bill submitted.
Dan - Surplus property fund used? We need particular account on each bill.
Karen - LGIC account all funds lumped.
Dan - LGIC all accounts?
Karen - one lump sum. We receive beginning and ending balance only.
Wayne - charging at Lowes?
Big brouha follows on who has possession of Town's charge cards at: Lowes, Home Depot, Office depot and Shell Oil company.
Pass 3-1-1 Wayne voting no, Dan abstaining.
(Millions for private lawsuits on the Towns dime but penny pinching on the bills. Sounds like more harassment of the mayor and the town clerk. More later.)
PUBLIC COMMENTS -
Sherri - thanks to Bradley for underwriting Easter egg hunt. Would like additional support.
John - need to provide jobs.
Bev - Thanks Fire Department for inspection . Two unknown problems found, fixed. Group works together. Did not wake up children during nap time. Two and half year old little guy awarded JUNIOR FIREFIGHTER.
Karen - people do not support going forward with discussions with Tacoma. Put effort to saving town not annexation. Balance budget not ruin economy.
Deb - need dog park - time running out. No survey expedite.
Beth - business district grant to Tacoma side of Pearl street for angle parking on Pearl. Need pedestrian lighting not angle parking.
MAYOR'S TIME
Jerry Morissette, town Engineer - finding short term funding for sewer (worst case). Qualify if community inside community qualifies for low income. 40 year loan through Federal Gov't 4.5 %. Or guaranteed loan through commercial bank with Federal guarantee. Need to move quickly requires Mayor's signature by Friday.
Bruce - 40 year term on $1 million intriguing.
Jerry - will discuss with Mayor (email) $4.2 million full job.
Bruce - letter written to Tacoma. Edited by David per council request. Cannot keep Ruston name. Tacoma agreed to talk about options. Answers to Stebner's questions, brief, will share later.
COUNCIL TIME -
Jim - Met with Tacoma Mayor Bill Baarsma and City Manager Eric Anderson along with Bruce, Jane and myself. Mr. Anderson may come to Ruston council meeting. Contracting out services Point Ruston first priority.
Bruce - Tacoma police at Point Ruston. Baarsma - police presence on Ruston Way during summer. Utility charges?
Baarsma - symbiotic on Point Ruston.
Andersen - have sense of identity, neighborhood councils.
Andersen - need number of people in Ruston, size of budget.
Baarsma - I will only be in office a few more months. Kept repeating "sometime in the future."
Not willing on annexation.
Dan -
1) Wayne is my hero monologue. Courage to talk about it (Wayne) fire department/annexation, continually impressed with Wayne.
. Estimated $200 thousand deficit now $700 thousand with sewers.
. $1.2 million pouring in in 2014 (Marcotte report). How bad are finances are and no one is complaining.
2) Regarding Point Ruston - people ranted on Commencement give away silent on Point Ruston, Stack Hill giveaways. Not thinking of views. No preordained answers on Point Ruston.
3) Grow out of economy? No. No answer.
4) PRR article in Morning News Tribune gives town a bad reputation. We will pay for it but not me.
(More on this hypocritical stance bext blog KING OF THE PRRs)
Jane -
. Tacoma open to talks. Will work with us.
. Will look at services.
. Two hours of questions on annexation. Room very silent.
. faulty sewer in Tacoma LID is formed affected citizens pay.
Bruce -Tacoma wants vote on annexation. Wants to know what people want.
Dan - Wants Wayne Stebner included in talks. Jane ambiguous voted for to vote against. A definite YES vote.
Jane - Annexation would be greatest thing for Point Ruston, Mr. Cohen.
Dan - hotel could not be built in Tacoma. That is why they built it here.
Jim - Tacoma has higher height limit.
David - need 20 minute EXECUTIVE SESSION
Bruce - adjourn for Executive Session.
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, Karen Carlisle
-30-
TWEEDLDUM
Ruston, WA town council meeting April 6, 2009:
Listening to the Tacoma duo, The Dan and Wayne show gets very repetitive. Dan always leads with a blistering twaddle, veins strained, look to kill. But wait a new feature, the Dan and Wayne mutual admiration society. Dan chest expanding, extolling ebulliently, continually impressed with the prescience of his little friend Wayne. What did Wayne do to achieve such exaltation?
After being in the Town only a few months and getting elected to council on a wave of anti-Commencement fervor immediately set out to destroy the Ruston Volunteer Fire Department and engage in secret annexation meetings with Tacoma until exposed and for three plus years now has unwaveringly continued his attacks. Yah, good job from the Tacoma Cabal which now appears to be down to the Dan and Wayne show.
But from the Ruston side both have failed to uphold their oath of office and looked the other way as laws were ignored and broken. Archiving comes to mind. When the former Town Counsel kept reminding them of their obligations they hounded her to resign bringing in a more compliant neighborly Town Attorney. Do they have another friend, family given, in the Town? If so let me know and I will blog them. Also names of Tacoma Caballers and where they held their secret meetings. Drat that OPEN MEETINGS ACT. Just another pothole on the way to Tacoma.
Can't wait for the next meeting when Wayne pusillanimously praises Dan. In Washington, DC they use symbolic pitchforks in front of the bailout thieves mansions. Maybe in Ruston show up with brooms and sweep them out of Town?
Agenda item No. 1 - Consenting to the City of Tacoma's Formation of LID - Resolution no. 439 Hedrick makes motion for approval, Huson second.
Dan - need to square this away. No liability with resolution? Previously told none.
David - Mr. Burroughs, LID counsel, out of country.
Brian - retained by town a year ago but not asked to do anything until now. Reviewed Town resolution and draft agreement.
Dan - eliminates town of Ruston?
Brian - NOT NECESSARY. This (LID) is a two party agreement independent of resolution. Town of Ruston has no liability. State law limits liability to parties involved.
Dan -
. Who controls if losing control? If financial liability?
. $500 thousand Point Ruston, $500 thousand added.
. Need 10 times that amount.
. $1 million out of $10 million.
. As drafted today we need language to protect town.
Bruce - Thanks Mr. Lawler for responding on short notice.
Steve - No concern with resolution to consent (endorse) concept of LID.
Jane - This is no rubber stamp. We will have opportunity for additional input letting Tacoma handle LID. We will work with them.
Steve - (to Dan) City of Tacoma Guarantee Fund adds $3.8 million in backing.
Dan - That's only $4.8 million out of ten.
Steve - Ultimate security is the property. Legislature requires for two party LID:
1- Jurisdiction to form.
2- Jurisdiction to consent.
Dan - relationship between Tacoma and Ruston confirmed? Don't know, can't change?
Wayne - No harm getting liability in writing in resolution. Lots of confusion.
Dan - Didn't read no liability. Need to be indemnified against third party lawsuits. Not here. Correct?
David - Previous resolution expressly contemplates consent with this resolution.
Dan - Without reading and scope makes sense to wait. We're putting cart before the horse. Will consent but need cautious approach.
VOTE: Resolution 439 passes 3-2 (Dan, Wayne voting NO.
Agenda item B - Resolution 440 - Contacting with Tacoma for Municipal Services / Annexation
Dan - Proposal - did not see final version of letter. Changes unseen. No changes OK.
Dan - motion to approve resolution 440, Jim second.
VOTE: disapproved 3-2 (Dan, Wayne voting YES)
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, Karen Carlisle
Brian Lawler, Attorney for Ruston LID
Steve Victor, Attorney for Point Ruston LID
All I can handle for now. TWEEDLDEE later.
-30-
Listening to the Tacoma duo, The Dan and Wayne show gets very repetitive. Dan always leads with a blistering twaddle, veins strained, look to kill. But wait a new feature, the Dan and Wayne mutual admiration society. Dan chest expanding, extolling ebulliently, continually impressed with the prescience of his little friend Wayne. What did Wayne do to achieve such exaltation?
After being in the Town only a few months and getting elected to council on a wave of anti-Commencement fervor immediately set out to destroy the Ruston Volunteer Fire Department and engage in secret annexation meetings with Tacoma until exposed and for three plus years now has unwaveringly continued his attacks. Yah, good job from the Tacoma Cabal which now appears to be down to the Dan and Wayne show.
But from the Ruston side both have failed to uphold their oath of office and looked the other way as laws were ignored and broken. Archiving comes to mind. When the former Town Counsel kept reminding them of their obligations they hounded her to resign bringing in a more compliant neighborly Town Attorney. Do they have another friend, family given, in the Town? If so let me know and I will blog them. Also names of Tacoma Caballers and where they held their secret meetings. Drat that OPEN MEETINGS ACT. Just another pothole on the way to Tacoma.
Can't wait for the next meeting when Wayne pusillanimously praises Dan. In Washington, DC they use symbolic pitchforks in front of the bailout thieves mansions. Maybe in Ruston show up with brooms and sweep them out of Town?
Agenda item No. 1 - Consenting to the City of Tacoma's Formation of LID - Resolution no. 439 Hedrick makes motion for approval, Huson second.
Dan - need to square this away. No liability with resolution? Previously told none.
David - Mr. Burroughs, LID counsel, out of country.
Brian - retained by town a year ago but not asked to do anything until now. Reviewed Town resolution and draft agreement.
Dan - eliminates town of Ruston?
Brian - NOT NECESSARY. This (LID) is a two party agreement independent of resolution. Town of Ruston has no liability. State law limits liability to parties involved.
Dan -
. Who controls if losing control? If financial liability?
. $500 thousand Point Ruston, $500 thousand added.
. Need 10 times that amount.
. $1 million out of $10 million.
. As drafted today we need language to protect town.
Bruce - Thanks Mr. Lawler for responding on short notice.
Steve - No concern with resolution to consent (endorse) concept of LID.
Jane - This is no rubber stamp. We will have opportunity for additional input letting Tacoma handle LID. We will work with them.
Steve - (to Dan) City of Tacoma Guarantee Fund adds $3.8 million in backing.
Dan - That's only $4.8 million out of ten.
Steve - Ultimate security is the property. Legislature requires for two party LID:
1- Jurisdiction to form.
2- Jurisdiction to consent.
Dan - relationship between Tacoma and Ruston confirmed? Don't know, can't change?
Wayne - No harm getting liability in writing in resolution. Lots of confusion.
Dan - Didn't read no liability. Need to be indemnified against third party lawsuits. Not here. Correct?
David - Previous resolution expressly contemplates consent with this resolution.
Dan - Without reading and scope makes sense to wait. We're putting cart before the horse. Will consent but need cautious approach.
VOTE: Resolution 439 passes 3-2 (Dan, Wayne voting NO.
Agenda item B - Resolution 440 - Contacting with Tacoma for Municipal Services / Annexation
Dan - Proposal - did not see final version of letter. Changes unseen. No changes OK.
Dan - motion to approve resolution 440, Jim second.
VOTE: disapproved 3-2 (Dan, Wayne voting YES)
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, Karen Carlisle
Brian Lawler, Attorney for Ruston LID
Steve Victor, Attorney for Point Ruston LID
All I can handle for now. TWEEDLDEE later.
-30-
Saturday, April 4, 2009
LAWSUIT HAPPY
Pierce County Superior Court Civil Case 09-2-06657-0
Case Title:
DAVID BAUMGARDNER VS. TOWN OF RUSTON
This is a throwback to the civil war in Ruston which started in 2006 with the advent of the CABAL. Cast of characters reads like a who's who in the Town of Ruston. Change of venue, five day jury trial! Wow this one could top the Point Defiance Cafe and Casino. Stay tuned on this one. A biggee, very, very biggee for Ruston
Don't know the dollar amount of this one yet but will find out. Lawsuits without end until November, all on the Ruston dime. Vendettas and grudges come at a heavy price but not for the recalcitrant. They even refuse to settle lawsuits on very good terms for the Town of Ruston? Even if they depart in November the torrent of lawsuits they have unleashed will drag the Town of Ruston under with them. Time to call in the WA state Auditor and Attorney General or the Pierce County prosecuting attorney.
Click for dates and times:
http://www.co.pierce.wa.us/cfapps/linx/calendar/GetCivilCase.cfm?cause_num=09-2-06657-0
Case Type: Tort - Other
Access: Public
Track Assignment: Complex
Jury Size: Estimated Trial Length: 5.0 days
Dept Judge:
07 FREDERICK W. FLEMING
Resolution: 03/27/2009 Change of Venue/Jurisdiction
Completion: 03/27/2009 Judgment/Order/Decree Filed
Litigants Name Type Status
DAVID BAUMGARDNER Plaintiff
Attorney for DAVID BAUMGARDNER Type
Bar Number
JOAN KRISTINE MELL
Atty for Plaintiff/Petitioner
21319
TOWN OF RUSTON Defendant
Attorney for TOWN OF RUSTON Type Bar Number
JOHN TURNER KUGLER
Atty for Defendant
19960
MICHAEL J. TRANSUE Defendant
Attorney for MICHAEL J. TRANSUE
Type Bar Number
JOHN TURNER KUGLER
Atty for Defendant
19960
HUITT-ZOLLARS, INC. Defendant
Attorney for HUITT-ZOLLARS, INC.
Type Bar Number
KENNETH G. YALOWITZ
Atty for Defendant 12017
CARL STIXROOD Defendant
Attorney for CARL STIXROOD
Type Bar Number
KENNETH G. YALOWITZ
Atty for Defendant
12017
03/06/2009
REQUEST FOR ASSIGN TO CIVIL TRACK
Public
1
03/27/2009
NOTICE OF FILING PET REMOVE US DISTRICT CT
Public
25
Case Title:
DAVID BAUMGARDNER VS. TOWN OF RUSTON
This is a throwback to the civil war in Ruston which started in 2006 with the advent of the CABAL. Cast of characters reads like a who's who in the Town of Ruston. Change of venue, five day jury trial! Wow this one could top the Point Defiance Cafe and Casino. Stay tuned on this one. A biggee, very, very biggee for Ruston
Don't know the dollar amount of this one yet but will find out. Lawsuits without end until November, all on the Ruston dime. Vendettas and grudges come at a heavy price but not for the recalcitrant. They even refuse to settle lawsuits on very good terms for the Town of Ruston? Even if they depart in November the torrent of lawsuits they have unleashed will drag the Town of Ruston under with them. Time to call in the WA state Auditor and Attorney General or the Pierce County prosecuting attorney.
Click for dates and times:
http://www.co.pierce.wa.us/cfapps/linx/calendar/GetCivilCase.cfm?cause_num=09-2-06657-0
Case Type: Tort - Other
Access: Public
Track Assignment: Complex
Jury Size: Estimated Trial Length: 5.0 days
Dept Judge:
07 FREDERICK W. FLEMING
Resolution: 03/27/2009 Change of Venue/Jurisdiction
Completion: 03/27/2009 Judgment/Order/Decree Filed
Litigants Name Type Status
DAVID BAUMGARDNER Plaintiff
Attorney for DAVID BAUMGARDNER Type
Bar Number
JOAN KRISTINE MELL
Atty for Plaintiff/Petitioner
21319
TOWN OF RUSTON Defendant
Attorney for TOWN OF RUSTON Type Bar Number
JOHN TURNER KUGLER
Atty for Defendant
19960
MICHAEL J. TRANSUE Defendant
Attorney for MICHAEL J. TRANSUE
Type Bar Number
JOHN TURNER KUGLER
Atty for Defendant
19960
HUITT-ZOLLARS, INC. Defendant
Attorney for HUITT-ZOLLARS, INC.
Type Bar Number
KENNETH G. YALOWITZ
Atty for Defendant 12017
CARL STIXROOD Defendant
Attorney for CARL STIXROOD
Type Bar Number
KENNETH G. YALOWITZ
Atty for Defendant
12017
03/06/2009
REQUEST FOR ASSIGN TO CIVIL TRACK
Public
1
03/27/2009
NOTICE OF FILING PET REMOVE US DISTRICT CT
Public
25
Thursday, April 2, 2009
DEMOCRACY, RUSTON STYLE
Check out the latest from Ian Demsky, The News Tribune, April 2, 2009: Democracy, Ruston style.
Old hat for the Cabal. Maybe they punched the wrong button this time? Let the light begin to shine in!
Old hat for the Cabal. Maybe they punched the wrong button this time? Let the light begin to shine in!
Monday, March 23, 2009
REMEMBER WHEN - CLASS ACTION LAWSUIT
Remember when the smelter closed in 1985 and things were pretty bleak in Ruston. There was little money for anything and the Town survived with one peace officer Chief Kim Wheeler. But the town was at peace and determined to make it through the tough times. The town prevailed but had to make unpopular decisions which allowed a small cabal of power trippers to take control for three years systematically doing everything in their power to destroy the town. Although they are down to two hard core annexation or bankruptcy council persons they have not lost any of their ardor. I wonder who the real goblins are entrenched in their past lives?
It is time to write down what we know before the entire history of the town is forgotten. This chapter of "Remember When" will deal with the CLASS ACTION LAWSUIT and its ramifications.
I remember stopping at the Ruston Market commenting on the well dressed people running up and down Winnifred street hollering at any one who would listen. I was informed they were Seattle lawyers coming to save the town and they were looking for "volunteers" to buttress a class action lawsuit soon to be filed. Anyone who would signup was promised $10 thousand dollars a lot of money back then. They had been politely asked to get off the premises when they descended on the market. But newcomers to the town were more easily swayed.
Anyway later a hearing was scheduled for Federal Court in Seattle which I attended and was at it turned out a pro forma hearing and a complicit go ahead. I decided to attend as my property in Tacoma, approximately 9.5 acres, was on the map of cleanup properties in ZONE FOUR. Bear in mind ZONE FOUR was considered to furthest away from the Asarco smelter and therefore lesser contaminated. This meant I would be last to be cleaned up to EPA standards.
My problems was I could look out my living room window and see the plant ACROSS THE STREET. I was closer to the plant than most residents of Ruston who were included in ZONE ONE. My worries were well founded as it took twenty years to "clean up" the property which meant cutting down many trees and scraping all the top soil off down to clay and not replacing any and uncovering an underground spring. I was informed they were out of money and I had to pay $12 thousand dollars to have the property sprayed with top soil grass seed otherwise I was told any runoff onto the Burlington Northern property would be my liability.
Well when I got there (federal courthouse in Seattle) a mysterious ZONE FIVE had been added to the map by the class action lawyers which about doubled the number of claimants as the further out the wider the arc. This would have great impact on the residents of Ruston as they suffered the greatest levels of contamination. This would have a great determination on the size of the checks mailed out to those determined eligible.
1) I pointed out to the judge the Lawyer's map was an overlay of the EPA map ZONES ONE to FOUR with ZONE FIVE added. I never got an explanation why it zigged in certain places and zagged in others. It turned out it was easier to get people to sign on to the class action lawsuit (ZONE FIVE) the further away from the smelter you got. Nothing original was submitted by the class action lawyers and their material was primarily from public records created over time by private lawsuits and the EPA (Environmental Protection Agency)and PC (Pierce County, WA) Health Department Remember those mass mailings get your hair tested FREE.
2) Damage amounts were actually lesser in ZONE ONE as adverse publicity in the local newspaper and mail outs from the PC Health Department depressed the housing market and homes were older tending to be one story with valuation below $100 thousand. Well out in ZONE FIVE added houses were more favorably appraised at a median value of $300 thousand. The houses outside of Ruston greatly outnumbered the 700 residences in Ruston. There was a value added for ZONE ONE but the greatest evaluation to determine claim amounts and determine the size of your check to be mailed was based on the Pierce Count Assessor's valuation. There is I believe one final payout left to be mailed.
A little known factoid: THE RESIDENTS OF RUSTON closest to the SUPERFUND SITE received less than those furthest away! Inexplicably those furthest away received the largest piece of the pie.
3) Here I am a little vague on the total number of supposed original signers. Two numbers were submitted I believe to be about 460 total original signers. One number was about 265 and the other 195 as best I can remember. I pointed out to the presiding federal judge that at $10 thousand dollars each over half of the amount to be distributed would go to these individuals who supposedly contacted the class action lawyers.The Class Action lawyers cleared up the matter and the smaller number was correct as many original signers had withdrawn their signatures obtained under duress. My only victory as the judge in final summation reduced the amount to $5 thousand dollars.
4) When I objected to ZONE FIVE being added and given the lion's share of the settlement proceeds as they received the least contamination one ZONE FIVE resident present objected strenuously that their pollution, real or imagined, was just as great. It is important to stress here testing was for LEAD also which had been poisoning the atmosphere from leaded gasoline for many years but Asarco was held totally responsible for cleanup and damages. In final comment time I pointed out to the judge that the shovels used in ZONE ONE cleanup were clam shovels 20 feet long and arrived on flatbed trucks and ZONE FIVE garden shovels used would arrive in pickup trucks.
5) It is important here to note the people in the courtroom at this hearing to determine the validity of the lawsuit. ASARCO had two lawyers who solely concentrated on the expenditures submitted by the CLASS ACTION lawyers. There were two CLASS ACTION lawyers whose sole aim seemed to be expanding the lawsuit as far as they could get away with and excluding members who had withdrawn and wanted to return. There were about five spectators but not a one, not one, from RUSTON supporting ZONE ONE. I was there from TACOMA remember the EPA had me in ZONE FOUR. The others who supposedly drove over from Tacoma and paid the high parking fee I think were brought by the class action lawyers as shills.
6) In his SUMMARY the federal judge (I forgot his name) did reduce the immediate payout to original signers by half and reinstated those who had withdrawn and wanted to return. As to the unnatural zones and unfair amounts to be distributed I felt a sympathy but the final sentence "I cannot litigate this from the bench" sealed our fate and it was left to the Seattle lawyers to determine.
So in CLOSING I remained living across the street from Asarco for another 20 years but to date at 75 years of age I have yet to determine any ill effects from the Smelter. My Dad who lived his entire 90 years two blocks from the stack and the plant never suffered any either. But in the deep mind stretches of the BUREAUCRATS and LAWYERS evil things exist where money is to be made. Did I mention my father also operated his own neon sign shop where, outside of his bare hands, the only material he could use to bend the red hot glass was ASBESTOS. So much for goblins.
But the irrational fear generated by the newspapers, bureaucrats and lawyers is VERY REAL and much more damaging than REALITY. Remember the pillow case covered in dust. One pronounced Tacoma advocate on the Ruston council continues to spread these rumors and quotes Jobs for Justice apparently ignoring the fact that his father in-law retired from the smelter and those "hideous buildings" helped put his wife through a fine University obtaining a Masters Degree I do believe. Talk to your wife first and you may save yourself a lot of embarrassment later.
So, believe what you want, but deep meditation and some fact checking might spare you from any irrational fear. If they tell you different tell them I spent my first formative ten years playing in the supposed contaminated dirt so I know a little about the situation. In fact, in those years (1930s) the only doctor available in emergencies was on site at Asarco and to their expertise I can attest and am thankful for the 19 stitches reattaching my left index finger. My wood chopping days ended early on.
Any Ruston stories interviews please contact me as this BLOG is slowly converting to historical facts and stories about Ruston. One can only take so much same o' same o' (same old story) in the Town Council
James Wingard
1851 N. Hawthorne Dr.
Tacoma WA 98406-1917
(253) 752-4241 home
(253) 227-4321 cell
jimwingard@harbornet.com
http://rustoninsider.blogspot.com/
-30-
It is time to write down what we know before the entire history of the town is forgotten. This chapter of "Remember When" will deal with the CLASS ACTION LAWSUIT and its ramifications.
I remember stopping at the Ruston Market commenting on the well dressed people running up and down Winnifred street hollering at any one who would listen. I was informed they were Seattle lawyers coming to save the town and they were looking for "volunteers" to buttress a class action lawsuit soon to be filed. Anyone who would signup was promised $10 thousand dollars a lot of money back then. They had been politely asked to get off the premises when they descended on the market. But newcomers to the town were more easily swayed.
Anyway later a hearing was scheduled for Federal Court in Seattle which I attended and was at it turned out a pro forma hearing and a complicit go ahead. I decided to attend as my property in Tacoma, approximately 9.5 acres, was on the map of cleanup properties in ZONE FOUR. Bear in mind ZONE FOUR was considered to furthest away from the Asarco smelter and therefore lesser contaminated. This meant I would be last to be cleaned up to EPA standards.
My problems was I could look out my living room window and see the plant ACROSS THE STREET. I was closer to the plant than most residents of Ruston who were included in ZONE ONE. My worries were well founded as it took twenty years to "clean up" the property which meant cutting down many trees and scraping all the top soil off down to clay and not replacing any and uncovering an underground spring. I was informed they were out of money and I had to pay $12 thousand dollars to have the property sprayed with top soil grass seed otherwise I was told any runoff onto the Burlington Northern property would be my liability.
Well when I got there (federal courthouse in Seattle) a mysterious ZONE FIVE had been added to the map by the class action lawyers which about doubled the number of claimants as the further out the wider the arc. This would have great impact on the residents of Ruston as they suffered the greatest levels of contamination. This would have a great determination on the size of the checks mailed out to those determined eligible.
1) I pointed out to the judge the Lawyer's map was an overlay of the EPA map ZONES ONE to FOUR with ZONE FIVE added. I never got an explanation why it zigged in certain places and zagged in others. It turned out it was easier to get people to sign on to the class action lawsuit (ZONE FIVE) the further away from the smelter you got. Nothing original was submitted by the class action lawyers and their material was primarily from public records created over time by private lawsuits and the EPA (Environmental Protection Agency)and PC (Pierce County, WA) Health Department Remember those mass mailings get your hair tested FREE.
2) Damage amounts were actually lesser in ZONE ONE as adverse publicity in the local newspaper and mail outs from the PC Health Department depressed the housing market and homes were older tending to be one story with valuation below $100 thousand. Well out in ZONE FIVE added houses were more favorably appraised at a median value of $300 thousand. The houses outside of Ruston greatly outnumbered the 700 residences in Ruston. There was a value added for ZONE ONE but the greatest evaluation to determine claim amounts and determine the size of your check to be mailed was based on the Pierce Count Assessor's valuation. There is I believe one final payout left to be mailed.
A little known factoid: THE RESIDENTS OF RUSTON closest to the SUPERFUND SITE received less than those furthest away! Inexplicably those furthest away received the largest piece of the pie.
3) Here I am a little vague on the total number of supposed original signers. Two numbers were submitted I believe to be about 460 total original signers. One number was about 265 and the other 195 as best I can remember. I pointed out to the presiding federal judge that at $10 thousand dollars each over half of the amount to be distributed would go to these individuals who supposedly contacted the class action lawyers.The Class Action lawyers cleared up the matter and the smaller number was correct as many original signers had withdrawn their signatures obtained under duress. My only victory as the judge in final summation reduced the amount to $5 thousand dollars.
4) When I objected to ZONE FIVE being added and given the lion's share of the settlement proceeds as they received the least contamination one ZONE FIVE resident present objected strenuously that their pollution, real or imagined, was just as great. It is important to stress here testing was for LEAD also which had been poisoning the atmosphere from leaded gasoline for many years but Asarco was held totally responsible for cleanup and damages. In final comment time I pointed out to the judge that the shovels used in ZONE ONE cleanup were clam shovels 20 feet long and arrived on flatbed trucks and ZONE FIVE garden shovels used would arrive in pickup trucks.
5) It is important here to note the people in the courtroom at this hearing to determine the validity of the lawsuit. ASARCO had two lawyers who solely concentrated on the expenditures submitted by the CLASS ACTION lawyers. There were two CLASS ACTION lawyers whose sole aim seemed to be expanding the lawsuit as far as they could get away with and excluding members who had withdrawn and wanted to return. There were about five spectators but not a one, not one, from RUSTON supporting ZONE ONE. I was there from TACOMA remember the EPA had me in ZONE FOUR. The others who supposedly drove over from Tacoma and paid the high parking fee I think were brought by the class action lawyers as shills.
6) In his SUMMARY the federal judge (I forgot his name) did reduce the immediate payout to original signers by half and reinstated those who had withdrawn and wanted to return. As to the unnatural zones and unfair amounts to be distributed I felt a sympathy but the final sentence "I cannot litigate this from the bench" sealed our fate and it was left to the Seattle lawyers to determine.
So in CLOSING I remained living across the street from Asarco for another 20 years but to date at 75 years of age I have yet to determine any ill effects from the Smelter. My Dad who lived his entire 90 years two blocks from the stack and the plant never suffered any either. But in the deep mind stretches of the BUREAUCRATS and LAWYERS evil things exist where money is to be made. Did I mention my father also operated his own neon sign shop where, outside of his bare hands, the only material he could use to bend the red hot glass was ASBESTOS. So much for goblins.
But the irrational fear generated by the newspapers, bureaucrats and lawyers is VERY REAL and much more damaging than REALITY. Remember the pillow case covered in dust. One pronounced Tacoma advocate on the Ruston council continues to spread these rumors and quotes Jobs for Justice apparently ignoring the fact that his father in-law retired from the smelter and those "hideous buildings" helped put his wife through a fine University obtaining a Masters Degree I do believe. Talk to your wife first and you may save yourself a lot of embarrassment later.
So, believe what you want, but deep meditation and some fact checking might spare you from any irrational fear. If they tell you different tell them I spent my first formative ten years playing in the supposed contaminated dirt so I know a little about the situation. In fact, in those years (1930s) the only doctor available in emergencies was on site at Asarco and to their expertise I can attest and am thankful for the 19 stitches reattaching my left index finger. My wood chopping days ended early on.
Any Ruston stories interviews please contact me as this BLOG is slowly converting to historical facts and stories about Ruston. One can only take so much same o' same o' (same old story) in the Town Council
James Wingard
1851 N. Hawthorne Dr.
Tacoma WA 98406-1917
(253) 752-4241 home
(253) 227-4321 cell
jimwingard@harbornet.com
http://rustoninsider.blogspot.com/
-30-
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