City of Alexandria, Virginia
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Transloading

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: Haul Permit


  • To: Ignacio Pessoa
  • Subject: Fw: Haul Permit
  • From: Rich Baier/Alex
  • Date: 28 May 2008 16:03:18
  • Bcc:
  • Cc:


Pls give me a call as I have an idea to balance this truck issue out.....




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 04:02 PM -----
"William Euille" <Mayor Euille>

05/28/2008 02:37 PM

To
<text converted to image to prevent junkmail harvesting>, <Paul Smedberg>
cc
<Mayor Euille>, <Del Pepper>, <Ludwig Gaines>, <Ludwig Gaines>, <Rob Krupicka>, <Paul Smedberg>, <Timothy Lovain>, <text converted to image to prevent junkmail harvesting>, <text converted to image to prevent junkmail harvesting>, <text converted to image to prevent junkmail harvesting>, <text converted to image to prevent junkmail harvesting>, <text converted to image to prevent junkmail harvesting>, <text converted to image to prevent junkmail harvesting>, <text converted to image to prevent junkmail harvesting>, <text converted to image to prevent junkmail harvesting>, <text converted to image to prevent junkmail harvesting>, <text converted to image to prevent junkmail harvesting>, <xxxxxxxx@xxxx.xxx>, <xxxxxxxx@xxxx.xxx>, <xxxxxxxx@xxxx.xxx>, <xxxxxxxx@xxxx.xxx>, <xxxxxxxx@xxxx.xxx>, <xxxxxxxx@xxxx.xxx>
Subject
RE: Fwd: Haul Permit





Thanks.
FYI- As a result of my meeting this afternoon w/ Jim, Adam, Ignacio and
Bernie, we disused a plan of action and other paths for Council's
consideration.
Bernie will be summarizing this meeting and forwarding a MEMO to all
later today.
It is imperative that we all work together on this matter and focus our
attention on protecting the safety and welfare of both the immediate
neighborhood and the city, in addition to getting NS to do the right
thing---CLOSE THIS FACILITY.  
Bill

-----Original Message-----
From: text converted to image to prevent junkmail harvesting
[mailto:text converted to image to prevent junkmail harvesting]
Sent: Wednesday, May 28, 2008 2:30 PM
To: William Euille; Paul Smedberg
Cc: William Euille; Mayor Euille; Del Pepper;
Ludwig Gaines; Ludwig Gaines; Rob Krupicka;
Paul Smedberg; Timothy Lovain;
text converted to image to prevent junkmail harvesting; text converted to image to prevent junkmail harvesting;
text converted to image to prevent junkmail harvesting; text converted to image to prevent junkmail harvesting;
text converted to image to prevent junkmail harvesting; text converted to image to prevent junkmail harvesting;
text converted to image to prevent junkmail harvesting; text converted to image to prevent junkmail harvesting;
text converted to image to prevent junkmail harvesting; text converted to image to prevent junkmail harvesting;
xxxxxxxx@xxxx.xxx; xxxxxxxx@xxxx.xxx; xxxxxxxx@xxxx.xxx;
xxxxxxxx@xxxx.xxx; xxxxxxxx@xxxx.xxx; xxxxxxxx@xxxx.xxx
Subject: Re: Fwd: Haul Permit

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






            paulcsmedberg@aol

            .com


To
            05/28/2008 12:34          text converted to image to prevent junkmail harvesting

            PM
cc
                                      text converted to image to prevent junkmail harvesting


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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