Council Meeting Notes: October 2, 2012

The meeting was called to order at 7pm by Mayor Hopkins. All council members were present. The agenda was amended to remove the update on the sewer project since the town engineer was unable to attend the meeting. The minutes from 8-21-12, 9-4-12 and 9-18-12 were approved without discussion other than Councilmember Hunt complementing about how good they were.

General Public Comment

I noted a nostalgic sorrow that we would no longer be a town after tonight. I also encouraged the town again to plan something to commemorate the 20 year anniversary of the stack implosion this January.

Business 

1. Ordinance 1381 – Reclassify to a Non-Charter Code City (2^nd Reading): Councilmember Hedrick noted it was a historic night for Ruston, although not as big as the new garbage cans or the sewer project. He felt the move brought more flexibility. Hardin liked that it gives the right of referendum to the people. He  never heard from anyone who was directly opposed. The ordinance passed 5-0.

2. Resolution 525 – Amend JWM&A Contract: Passed 5-0.

3. Resolution 526 – Amend MTC Contract: Passed 5-0.

4. Resolution 527 – Award Public Contract – Tercom: This contract is to underground utilities along Baltimore near Court and Rust Way. 6 poles will be removed. There is money in the budget to cover the cost. Councilmember Kristovich asked to have the area described again. Hunt asked if the next area for undergrounding had been prioritized yet. The electrician is looking for areas where it can be done easily, such as when Pt. Ruston runs new line down 52^nd. Hedrick asked if the poles that are in poor shape would also be a priority. The electrician wants to start testing poles. Hunt confirmed that the “ugly” light on Commercial is going away with this project. The resolution passed 5-0.

Claims & Payroll: Passed 5-0 with no discussion.

Mayor’s Time

Hopkins outlined the investment income. He noted the new garbage cans had come in and Hardin is working with him on how to implement the new system. It's budget time again and the department heads should have their budgets turned in soon. He will not be at the next council meeting, so the new budget will be presented at the first meeting in November.

Council Time

No one had any comment.

The meeting adjourned at 7:26pm.

I don’t normally note anything from after the meeting, but it there was some unusual activity this night. I was in the hallway talking with a neighbor after the meeting. A cooler with what looked like fancy beer bottles was stationed on the floor near the mayor during the meeting. Shortly after the meeting adjourned, the town planner stuck his head out the door of the council chambers, said hi and locked the door as he closed it. Councilmembers Hardin and Hedrick were still inside along with the mayor, planner and clerk. I could hear laughter and loud voices occasionally over the next 15 minutes or so. I confirmed with the planner as we left that he had brought some of his homemade hard (alcoholic) apple cider in the blue cooler to the meeting.

I Miss Them: Opinion

Does it change who we are; this change in municipal classification? Is it really just a change in government structure or does it go deeper than that? Or is this new name a reflection of the change that has already taken place in our community?

I remember the swift correction that would follow anytime someone mistakenly called Ruston a “city” in my early years here. There was a pride in being different from the big city around us. We didn’t mind shaking our fist at the outside world and being a town in the midst of a city was one way to show that. “We are a town, with a capital T, thank you very much. Just you remember, we are different, not like those uppity know-it-alls out there."

I miss that spunk. It got us in trouble a time or two. And I fought hard over the years to encourage our leaders to act professionally and portray the town with dignity. But I miss that willingness to stand out, to be different – to not have to be the same or better than the others. Just be ourselves; dirty, scrappy, blue-collar, proud of our history and roots.

I guess my undefined sorrow at this change for Ruston goes deeper than the new designation as a city. So few remain who value our past. There is a shunning of our heritage. The image of the old smelter stack brings shame or makes us cringe. We want to pretend we are better than our forefathers, that somehow we are smarter and more sophisticated.

I wish my new neighbors could meet Ike, or Doc, or Buck, or Pete, or Loretta, or Owen and Tim, or Mary Joyce, or Tommy, or Lucille, or Phil, or Norma and Clint, or so many countless others. Quirky. Stubborn. Proud. Outspoken. Faithful. They’d let you know if you were wrong, but defend you to their dying breath if need be.

They built their homes with their own hands, then turned around and helped their neighbor do the same. They stood their ground when they believed they were right. They held bake sales to raise money for the fire department. They fought and loved and built this Town from the ground up.

Somehow they managed to survive with all the restrictions that come with being a Town. They didn’t need the right to a referendum. They talked to their elected folks and got things changed; or found a way to live with it if it couldn’t be changed. The mayor didn’t need veto power. We survived without a hearings examiner or parks department. Smaller and less sophisticated was ok – preferred even.

I guess its water under the bridge. I can almost see Owen shrugging his shoulder and muttering something under his breath, but he’s straighten up and move ahead regardless. And Mary would say her peace loud and clear, then dig in and get the job done. So I’ve said my peace now. Let’s get to work building the best little city we can.

It's Official - Town In Name Only

Town Planner Rob White brought in some his famous hard apple cider for a few of the council members and mayor to enjoy after the meeting tonight, capping what Councilmember Jim Hedrick called an historic vote to end Ruston's designation as a town. Town officials promised to keep the name "Town of Ruston" but felt there were enough important reasons to change to a 2nd class city. The ordinance passed unanimously with a vote of 5-0.

The News Tribune has an updated full story here...

Referendum Anyone? (Opinion)

The recent council decision to change Ruston to a code city has not generated much discussion around town. I've talked to several people and done some research, but haven't uncovered many details about what the change will mean. Other than what the town attorney already outlined in her presentation supporting the change (here), here are a few things I discovered:

• Power: It's a basic change in focus - Ruston is assumed to have all powers not explicitly forbidden; as a town they only had powers specifically allowed under state law. That distinction has been important in some recent lawsuits. It brings Ruston in line with most other municipal governments, but is more governmental power always a good thing?
• Under the new system, the council can declare an emergency for most ordinances and pass them on first reading. The council is now conducting most of its business via resolutions so there are not many second readings anyway. Again, not always a good thing.
• Ruston can establish a planning agency and eliminate the planning commission - and hire a hearing examiner.
• Local Improvement Districts or special tax assessments are now allowed.
• Citizens now have the power of initiative and referendum. Many felt this was a good change and reason enough on its own to make the switch. There was once talk of a citizen initiative to shut down the casino, so there is probably support for this new power.
• The mayor will now have veto power and a tie-breaking vote under certain conditions.
• Ruston can appoint a mayor pro tem for two years rather than the previous 6 month limit.
• Mayoral appointments can be subject to council approval, reducing the independence of the executive branch.
• Under this new system, only two appointments are required; police chief and clerk.

The council had the option of putting this change out to a vote. If they had scheduled a vote with the general election this November the cost would be about $800. Town residents have until September 8th to file a referendum to force a public vote by gathering 28 voter signatures (although the deadline to make the November ballot is early August).

One neighbor asked me if I trusted my elected officials to thoroughly research this issue and make the best decision on my behalf. On some issues, yes, I trust my government leaders to decide for me. But in my opinion, a change this significant should have been made by all the voters. Despite my opinion, I don't see enough here to fight this battle. If anyone out there has the energy to start the town's first referendum and force a vote, let me know. I'll be the first to sign!                       

Karen

Council Meeting Notes: June 5, 2012

This meeting included the vote to change to a code city, so I've given more detail than usual. I am still researching the code city change. There are not many sources of information on the issue, so if you have input please let me know. Thanks, Karen
____________________________________________________

Mayor Hopkins called the meeting to order at 7:01 pm. Councilmembers Hunt and Judd were excused. The agenda was approved as presented and minutes approved with no changes.

Staff reports

Town Engineer: Jerry Morrisette was out due to medical issues so Dan Oser from their office provided the sewer project update. As of the April 30^th billing the project was 72% complete. They are negotiating the extent of the contractor responsibility for damage caused by project. They hope to see the streets getting paved within 2 weeks, which brought laughter since the 2-week time has been offered so many times before. The sinkholes in the new paving will be repaired at end of project. 7 houses so far have been found releasing too much water into sanitary sewer, probably from storm water infiltrating the line. Morrisette Engineers presented the town with 4 options from do nothing to options that require the homeowner to make repairs. The stormwater line on Highland needs to be extend so the homes in that area with problems can connection at cost to the town of $73,000. As it stands now, the owner would have to pump their storm water up to the alley without this extension. The town could allow the increased flows to continue, or charge the owner each month until they fix the problem. Many of these homes are releasing 10-20 times a normal flow rate.

Councilmember Hedrick asked about the homeowners who had no idea they had an underground spring was going into sanitary system, he was not sure it was fair to charge them. The mayor pointed out that although Tacoma does not currently meter rates into their sewer system, they will eventually. At that point all the tax payers will pay for the unneeded flow. Hopkins also noted a repair of $30,000 was needed to the stormwater system under the repaving in the alley between Highland/Winnifred. The stormwater reserve fund has $200,000 and could absorb the $103,000 cost for both repairs (alley and Highland Street). Councilmember Hardin went on record as wanting to charge the monthly fee to the homes releasing extra flow. It would be a way to document that the owner knows it needs to be addressed. He also wanted the Highland Street stormwater system extended while street is unpaved. He confirmed with the engineer that bid prices were reasonable. Hardin asked how the reserve fund would be replenished. The mayor noted there will still be $120,000 in the fund and the monthly charge of $5 for each customer on the current bills provides $24,000 per year, taking 5 years to replenish these two projects. Hedrick agreed to the repairs. The mayor felt that, despite the problems, the town was better off for not doing the temporary paving on the trenches through town. That savings could be used to repair existing roadways that are failing.

Public comment

Fred Byzinker felt that traffic was going to fast in town. He reminded everyone that the speed limit is 25 mph everywhere expect for Commercial Street, which is 20 mph. He suggest town leaders set an example and go slower. He walks often and has come close to being run down by council members.

Michael Johnson said he was on council in mid-90’s when the sewer system was videoed and it was in bad shape then. The current project has taken too long, and too long to repave. He has rocks all over his yard now without even cold mix on the trench to get thru the winter. He is a construction supervisor and knows the standards and felt the contractor was leaving concrete work areas closed too long as well. He noted that the required silt socks didn’t go in storm drains until 2 months ago, well after the project has started.

William Walker stated he had heard that water supply for town used to come from the area on Highland. He was sure two of the three owners of the homes with increased flow were aware of problem. He said one of the owners built their house after filling in a swamp.

Business

Ordinance 1377 – Amendment of RMC 1.04.012 (1^st Reading): This was a housekeeping measure to correct the current onerous process the town uses to transmit building permits to the assessor. This simplifies the process to match state code. The mayor noted the town is also working on an electronic notification process. Hedrick reminded the council that the current process was enacted after finding that many parcels were not on tax rolls or improvements (and the increased value to tax) had not been reported. The problem now cleaned up and he was ok with making changes.

Resolution 509 – Intent to Reclassify to Code City (outline - memo - powerpoint): The mayor mentioned the article in the paper the day of the meeting and clarified that this proposal was not the same as was presented to voters in 2008. The town attorney explained that the issue was discussed last year at several meetings, a special workshop was held April 21 and the measure passed by the council on June 6, 2011, but then the notice was not published as required. Rather than try to fix mistake, the attorney suggested doing it all again. This is reclassification, not reorganization as was attempted in 08. The town is governed by RCW 35 and has less power than 1^st class cities, such as no power of citizen referendum. There was a movement in the 1960’s to allow all cities to have same power. This change would allow Ruston to do everything that other classes of cities can do. It creates easier standards for appointments to office and fewer required positions. Understanding the governing statues is easier since they are all in one place in state law under in 35A. There are easier land use planning procedures and protection for zoning irregularities that might cause the zoning code to be overturned. The town can hire a hearing examiner rather than use the planning commission for quasi-judicial issues. Reorganization changes council/mayor format, but this proposed reclassification means the town can keep the same format they have today.

The attorney then outlined the reorganization format options and noted that a new election of the council would be required if the town chose to reorganize. If they keep same format no election is needed. The mayor can veto in code city. There are four ways to make this change; 1) citizens can petition to the council to reclassify via a council vote, or 2) petition the council to set an election on the issue, or 3) the council can initiate the process by direct resolution or 4) pass a resolution to take the issue to an election. It is faster and there is no cost using this resolution method. After passing the resolution, the town would publish the notice within 10 days, then wait 91 days to see if citizens file a referendum requiring a vote. If none is filed, the council must pass the ordinance to reclassify – they cannot change course and not reclassify.  The referendum requires signatures from 10% of the voters from the last municipal general election and the issue would be placed on next regular election. If the reclassification passes at the election, the council must adopt to reclassify. The way the council is choosing via resolution only is cheaper, faster, there is no election required for the current office holders and it the easiest way to administer the change.

Hedrick felt it was ironic that come again because the notice was not published it. He asked the attorney how he could be compelled to vote a certian way. The attorney pointed out that state law requires the council follow through once they start down this path. Hedrick confirmed it is somewhat easier to annex to other city as a code city, the Local Improvement District (LID) process is easier, the town could establish a parks board and there is more flexibly in the for planning processes. The attorney noted that it would be less likely to get planning decisions overturned. Hedrick confirmed the town could still contract for a planning director rather than hire someone directly. He asked if the police chief could be placed in charge of all public safety and put the fire department under the police. The attorney didn’t see any reason why not. Hedrick stated he sees a lot of beauty in a professionally run city, not using a volunteer mayor. He wanted to know if there was a two-step process to change to a council-manager system next? The attorney responded that nothing stops Ruston from hiring an administrator that reports to mayor without changing form of government.

Hardin reminded everyone why this came up. The council placed the item as a referendum on the ballot, which got into legal action declaring that they did not have authority to do that as a town When they went back to their attorney asking if they had the authority, they were told maybe, but it would costly in court fees to find out. They could instead use this process they were voting on now. The council had decided they were expanding democracy by giving citizens more rights by reclassifying and they had considered other options during the previous meetings. It was clear that folks like the words “Town of Ruston” and they had confirmed if they change to a code city, they can keep the name the same. He felt they were getting best of all worlds. All this information came out in the previous meetings and he was upset that someone thought they were railroading this through now.

Hedrick noted that the council was down two members tonight, and asked if they should wait for the full body before voting. Hardin felt that councilmembers were aware that the issue was on the agenda, so they would have been at the meeting if they thought it was important. The mayor added that he would have heard from them if the issue was important to them and they had not given him any comment. The resolution passed 3-0.

Resolution 510 – Temporary License Agreement with Cingular Wireless: This agreement is for a temporary mobile signal booster during the Taste of Tacoma. It pays $100 a day for 10 days. Hedrick confirmed it will be truck in the north lot of the school. He confirmed that Ruston is not getting less than they had been paying Tacoma. Passed 3-0

Claims and Payroll: Passed with no discussion 3-0

Mayor’s time

Hopkins field trip to look at the garbage truck in Camus went well. Maintenance supervisor Steve took a test run, they looked over service records and Camus will train our employees if Ruston pays the staff time. Hopkins offered $37,000 rather than the asking price of $40,000. New trucks like this cost over $225,000. This truck has 80,000 miles and is in great condition. It empties one can a minute, so they can pick up the full town in a day, yard waste in a day (rather than the current two days) and reduces the number of people needed to do the work from two to one. The mayor had priced new cans needed to outfit town at $45,000 (including recycle, yard waste and garbage). He felt the current rates were adequate to repay the loan that would be needed from the surplus property fund. It would be a 3-year loan with market rate interest paid back to that fund. The mayor planned on giving each household two yard waste cans and one recycle. If someone wanted more cans the cost would be a one-time $50 charge. Hedrick confirmed Ruston still does not recycle glass. Hardin asked the timeline (truck is ready in two weeks). He wanted to know if this had any effect on Labor & Industries. The mayor did not think it improved the current rates but hopefully the automated system would prevent future claims. Hedrick wondered what would happen to other employee not needed with the new truck. Hopkins will ask Taylor to come up with a plan. Ruston has to maintain new traffic circle at Point Ruston so there is more work to do.

Hopkins announced that the paving of the parking lots at the school would hopefully be moving forward quickly. The town just took delivery of the snow plow and sander attachments for the maintenance truck. They are now looking for loader to get sand into the sander. He is still working on the sales tax issue. The Department of Revenue found $20,000 so far in tax coming to Ruston that was incorrectly coded. He is hoping for 5 times that eventually. The attorney is sending a letter to businesses with the correct code to report their Business & Occupation taxes. On building code enforcement, the mayor has floated a price to Mike Bart, who is cringing at the offer. Hopkins has not heard back yet on the offer.

Council Time

Hedrick asked if his help was needed with the Department of Revenue and suggested meeting with Tacoma’s mayor Strickland since they may be interested in the same tax issues.

Hardin had no comment.

Kristovich had no comment.

The meeting adjourned 8:18 pm.

"Town" of Ruston No More?

The Ruston Town Council voted unanimously Tuesday night to once again change the town to a code city. Citizens have 90 days after the announcement is published in the Tacoma Daily Index to file a petition to force a public vote. Councilmembers Hunt and Judd were excused from the meeting, so the vote was 3-0.

The town attorney provided extensive discussion supporting the change (here) and council members at the meeting stated they did not believe this was a change in the form of government since the format for the executive and legislative branches remained the same.  The council had the option of putting the issue out for a vote at the next election, but citing the cost for an election, chose to make the decision themselves.

It is unclear if there are any potential negative impacts from this change other than the nostalgia of losing the designation as a "town". I'll be doing more research on the issue and have further details in the coming days.   ~ Karen

Ruston Debate

Ruston voters will decide on August 19th if they want to change the town's form of government from an elected mayor who runs the executive branch to a council-manager structure, where a paid manager runs the town.

Here are both the pro and con brochures that have gone out to town residents. As usual, I didn't get the material from the Ruston Connection group, who are running the "pro" campaign. But a friend snagged one. I thought you'd like to see both arguments. If you'd like to have your opinion on this issue posted to this main page, please email me at kpicket22@yahoo.com ~ Karen

What Others Think

I find it truly odd that the appointed mayor (who quit the council) wants to hire a city manager when he is retired and available to work. Sure the mayor has a life outside the town's business. What with his resume stating all that he could do back when he was elected to council, I would think he could do all things mayoral standing on his head.

Also, the "mayors corner" blurb in the town newsletter only repeated a portion of Steve Marcotte's assessment of the Ruston financial future. Mr. Marcotte also stated that while the reserves would indeed be depleted over time, the revenue coming in from the Point Ruston project and the hated condo would also be ramping up in later years.

Much like a household, to use the mayor's analogy, we would have to tighten the budget and look at possible income sources. But, in my house, I certainly would not hire an expensive manager to handle my precious dwindling cash until I found another job. I expect I would use my own skills to manage the situation for a considerable savings.

Mr Mayor, it is time to step up and live up to your resume. Do your duty and go to work. Hiring a city manager is admitting that your experience is not up to handling two construction projects and this tiny town.

Craig Fletcher

Changing Ruston's Form of Government (Opinion)

It appears the town council has invited Stan Finkelstein to address them at the study session on July 28 regarding the ballot measure to change the form of government. Mr. Finkelstein was recommended by former Mayor Transue as someone who could help Ruston sort some of the current challenges. Finkelstein is executive director of the Washington Association of Cities. The public is not allowed to comment or ask questions during study sessions, but perhaps the council will make an exception on this important issue.

One background note, I thought it was a great political move for Council Member Hunt to include a longtime resident (Sherri Forch) on the voters pamphlet committee supporting this measure. Since our committee only had 4 days to pull together a statement (read more of the misunderstanding here), I didn't think to list the names (or gather their permission to do so) of the many folks who provided input into our "Against" statements.

Here is are the statements. Please take time to research this important issue before voting in about 3 weeks. And attend the meeting next week to listen to an unbiased, outside expert as he answers questions from a very biased council majority. ~ Karen