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Update: Nov. 24, 2008 |
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Update: Nov. 7, 2008 |
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Update: Oct. 29, 2008 |
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Update: Oct. 16, 2008 |
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Update: Oct. 2, 2008 |
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Update: Sep. 23, 2008 |
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Update: Sep. 9, 2008 |
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Update: Aug. 21, 2008 |
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Update: Aug. 8, 2008 |
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Update: July 25, 2008 |
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Update: July 18, 2008 |
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Update: June 28, 2008 |
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Update: June 21, 2008 |
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| Project Manager |
Steve Mason
Special Assistant to City Manager
City of Alexandria
703.838.3861
transloading@alexandriava.gov |
| Other Contacts |
Norfolk Southern
757.629.2713
contactus@nscorp.com |
Hon. John Warner
U.S. Senate
225 Russell Building
Washington, D.C. 20510
202.224.2023
E-mail |
Hon. James Webb
U.S. Senate
144 Russell Building
Washington, DC 20510
202.224.4024
E-mail |
Hon. James Moran
U.S. House of Representatives
2239 Rayburn Building
Washington, DC 20515
202.225.4376
E-mail |
City Council
301 King Street
Alexandria, VA 22314
703.838.4550
E-mail |
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This page contains references and links to all electronic communications among City staff, and between City staff, Norfolk Southern, and the community regarding the establishment and operation of the Ethanol Transloading Facility. The communications, furnished in response to requests made under the Virginia Freedom of Information Act, cover the period from June 20, 2006 at 8 a.m. to May 29, 2008, at 5 p.m.
E-mail addresses and telephone numbers have been redacted to protect the privacy of residents and of City staff whose home and mobile phone numbers were included on the communications. To contact City officials or staff, please use the links on the left side of this page, or Contact Us.
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Fw: Fw: Haul Permit
- To: "Cameron Hall" <
 >
- Subject: Fw: Fw: Haul Permit
- From: Adam Thiel/Alex
- Date: 28 May 2008 18:25:06
- Bcc:
- Cc:
Please move the CAD meeting to 1600-1700;
thanks!
Adam
----- Original Message
-----
From: Jim Hartmann
Sent: 05/28/2008 06:23 PM EDT
To: Rich Baier
Cc: Adam Thiel; Mark Jinks; Michele
Evans
Subject: Re: Fw: Haul Permit
Lets touch base on this at 9:30 tomorrow
Jim Hartmann
Alexandria City Manager
xxx-xxx-xxxx
| Rich Baier/Alex
05/28/2008 04:53 PM
|
|
To
| "Jim Hartmann" < >,
Michele Evans, Mark Jinks
|
|
cc
| Adam Thiel/Alex@Alex
|
|
Subject
| Fw: Haul Permit |
|
I just finished speaking with IP and
he agrees that we can reasonably regulate the number of trucks given that
the one side of the street is residentially zoned. As such, I propose
that we limit the trucks to the hours of 7 am to 7pm (one hour later than
the regulated and normal construction time of 7 am to 6 pm), regulate the
route as set forth in my prior email, and cap the trucks at a maximum of
20 per day (which was the max. witnessed on site to date).....
Richard J. Baier, P.E.
Director
Transportation and Environmental Services
City of Alexandria
301 King Street
Alexandria, VA 22314
xxx-xxx-xxxx
Fax: xxx-xxx-xxxx
----- Forwarded by Rich
Baier/Alex on 05/28/2008 04:18 PM -----
| Ignacio Pessoa/Alex
05/28/2008 02:29 PM
|
|
To
| Mayor Euille, Mayor Euille,
Paul Smedberg
|
|
cc
| Mayor Euille, Mayor Euille,
Del Pepper, Ludwig Gaines, Ludwig Gaines,
Rob Krupicka, Paul Smedberg, Timothy Lovain, Justin Wilson/Alex@ALEX,
Jim Hartmann/Alex@Alex, Michele Evans/Alex@Alex, Mark Jinks/Alex@Alex,
Adam Thiel/Alex@Alex, Rich Baier/Alex@Alex, Tony Castrilli/Alex@Alex,  ,
Christopher Spera/Alex@Alex, George McAndrews/Alex@Alex, xxxxxxxx@xxxx.xxx,
xxxxxxxx@xxxx.xxx, xxxxxxxx@xxxx.xxx, xxxxxxxx@xxxx.xxx, xxxxxxxx@xxxx.xxx,
xxxxxxxx@xxxx.xxx
|
|
Subject
| Re: Fwd: Haul PermitLink |
|
Bill and Paul:
While
the City does have statutory authority to subject truck traffic to and
from the site to a haul route permit, and while that authority, unlike
our zoning authority, is not per se preempted by federal law, the
City's authority cannot be exercised in a manner which would render the
operation of the transloading facility infeasible. Under federal
law, City safety codes and ordinances are not preempted, so long as such
codes regulate the manner in which the use is conducted, are reasonably
objective in the standards imposed, are not applied in a discriminatory
fashion, and will not have the effect of unreasonably preventing the conduct
of the use.
Put
differently, we cannot use the haul route permit to accomplish indirectly
what we cannot accomplish directly through our zoning authority. In
addition, there has been no instance in the past 20+ years in which a haul
route permit has been refused by the City so as to render the associated
activity in the City infeasible. Thus, any such attempt here would
discriminate against this use, and would be invalid on that basis alone.
Once the issues germane to determining the safest haul route have
been resolved by the City, the City will have no proper alternative other
than to issue the permit.
As
I discussed with Council with respect to the contracting issue, the identity
of the direct employer of the personnel who conduct the day-to-day transloading
operations is not determinative of the preemption question. Rather,
the dispositive question is whether those individuals are engaged in the
common carrier business of the railroad, albeit under contract between
the railroad and another firm, or are engaged in the other firm's fuel
distribution business, located by practical necessity on railroad property.
Based on the record and information available to the City in this
case, it would appear that this operation is part of the Norfolk Southern
Railway Company's common carrier business. Thus my conclusion that
preemption applies.
However,
as directed last night by the Council, I will shortly be suggesting that
the City pursue a process to further discover and develop the facts of
this case, and secure a definitive determination of the preemption question.
In addition, the City Manager's Office has sought to enlist the aid
of our congressional delegation, to redress the egregious circumstance
in which such a facility could be located without meaningful governmental
review inside the Capital Beltway.
Please
let me know if you have any additional questions at this time.
Ignacio
| Paul Smedberg
05/28/2008 12:34 PM
|
|
To
| 
|
|
cc
|
|
|
Subject
| Fwd: Haul Permit |
|
Ignacio,
Please add my name to this request from the Mayor. Please see my
e-mail message below to the original recipients.
Thanks,
Paul
-----Original Message-----
From: Paul Smedberg
To: Mayor Euille; xxxxxxxx@xxxx.xxx
Cc: xxxxxxxx@xxxx.xxx; xxxxxxxx@xxxx.xxx; xxxxxxxx@xxxx.xxx; xxxxxxxx@xxxx.xxx;
xxxxxxxx@xxxx.xxx
Sent: Wed, 28 May 2008 12:30 pm
Subject: Re: Haul Permit
Mindy,
Thank you for making what I think is a very good suggestion. I agree
with the Mayor that the City Attorney should expediate a review of our
legal and local authority options as it specifically relates to the haul
routes and our ability to "manage" those permits. I will
add my name to the Mayor's request to the City Attorney.
As you know, I have several other questions in addition to the haul routes.
I certainly hope the City Manager and his senior staff immediately
draft and propose a plan on how we can move forward so all the questions
and concerns can be brought forth.
I will be in touch soon.
Paul
-----Original Message-----
From: Mayor Euille
To: xxxxxxxx@xxxx.xxx;
Paul Smedberg
Cc: xxxxxxxx@xxxx.xxx;
xxxxxxxx@xxxx.xxx;
xxxxxxxx@xxxx.xxx;
xxxxxxxx@xxxx.xxx
Sent: Wed, 28 May 2008 11:27 am
Subject: Re: Haul Permit
I have forwarded this to the City Attorney for a response.
Bill
-----Original Message-----
From: mindylyle <xxxxxxxx@xxxx.xxx>
To: 'Paul C Smedberg' <Paul Smedberg>;
'WILLIAM EUILLE' <Mayor Euille>
Cc: 'J Bennett' <xxxxxxxx@xxxx.xxx>;
'Art Impastato' <xxxxxxxx@xxxx.xxx>;
'Ingrid Sanden' <xxxxxxxx@xxxx.xxx>;
'Sullivan, John' <xxxxxxxx@xxxx.xxx>
Sent: Wed, 28 May 2008 9:27 am
Subject: Haul Permit
Is there any way that the Haul Permit for
Norfolk Southern can be pulled or delayed? Isn?t this a city permit?
If this can be done, would that not seriously impact the operation?
After listening last night, if they can not move the ethanol off
of the site then the operation can?t continue until the permit is put
back in place. If it takes even a minor violation we can get people to
take shifts with a camera.
Also, does the fact that the workers are
not Norfolk Southern employees take this out of a railroad operation?
Mindy
Mindy Lyle
5235 Tancreti Lane
Alexandria, VA 22304
xxx-xxx-xxxx
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