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Re: Colfax RR display

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  • Harry Marnell
    Hi Pat. TONIGHT, eh? I m way over on the coast now, in Humboldt County, so not really able to do anything in person. As you may have noticed, I forwarded
    Message 1 of 1 , Aug 10, 2004
      Hi Pat. TONIGHT, eh? I'm way over on the coast now, in Humboldt
      County, so not really able to do anything in person. As you may have
      noticed, I forwarded your posts to several other railroad-related
      groups, but no response as of yet. I'll let you know.

      A couple random thoughts that have popped into my mind. Do you live
      within the City Limits of Colfax, or in the unincorporated "county"
      area? Either way, I'd try to meet with or phone your city
      councilperson or County Supervisor, whichever is the proper person.
      Before tonight's meeting if at all possible. How about your neighbors
      on the road? Is there any kind of official or unofficial "neighborhood
      group'? Always strength in numbers.

      Since I don't have the tape it's impossible to tell, but often during
      "public input" sessions of council meetings the council isn't allowed to
      discuss issues brought up, but only to "receive" them, perhaps for later

      Is there any attorney around that you know, who might be willing to at
      least look into it? At least the basic legalities... whether the Town
      of Colfax has the "right" to close off this particular road. If they
      don't, either because it's outside their area, or illegal to do so, that
      would be a BIG help. Or, and it may be the case, perhaps they can, but
      there would be a series of steps they MUST take before "seizing" part of
      the road.

      I'm thinking specifically of an Environmental Impact Report (which
      phrase in itself might give them the shivers). Closing a road that's
      been in existence for years, and would directly impact on a number of
      property owners, their property values, and their safety, would seem to
      be plenty to REQUIRE that they have an EIR prepared before doing
      anything. I'd grab all the neighbors you can and bring them with you
      tonight. Even if the project isn't on the agenda, you all would have a
      few minutes to address them during the "public comment' period. See
      http://iaia.essortment.com/whatisceqa_rgoh.htm and

      I'd check with the City Clerk or whoever is available - in advance of
      the meeting if you can do it this afternoon - and politely demand to see
      any/all document/minutes of all meetings, plans, discussions pertaining
      to this issue. Unless it involves litigation or a contract bid, I
      believe that information would almost certainly fall within the
      California Public Records Act (California Government Code, Section
      6250-6276)... see http://www.thefirstamendment.org/capra.html They
      might not be able/obligated to provide it to you immediately, but they
      do have to give you access as quickly as they can, or give you a written
      reason why they can't/won't.

      Again, since you support the concept of the project, your best ally
      might be the PSRHS folks if some sort of compromise can be worked out.
      People/cities absolutely HATE to get forced into EIRs (can be extremely
      costly), and will often do most anything to avoid them.

      I'm not attorney, but have heard a few of these phrases along the way.

      Keep the group posted, please.



      From: "Pat Rylance" <patrylance@...>
      Date: Tue Aug 10, 2004 11:25 am
      Subject: Re: <NevadaCoNG> Fw: Colfax RR display

      At the time I went to the 7/27 meeting, I was unaware of who was on
      what committee or what committee(s) were even involved. What concerns
      me is that that are NOT acknowledging the Narrow Gauge Rd at
      all....even after I addressed the council on my conerns. I left the
      meeting when they went to the next matter which was the
      museum/restoration issue. When viewing the tape of that meeting, it
      was as though I was never there and they were still discussing the
      closing of the crossing. Needless to say.....I am not happy about
      this at all and I will be to the meeting tonight. The Narrow Gauge RR
      Road is very much appart of what they are attempting to do and it is a
      MUST that they include the Narrow Gauge. I am not likely to be ignored!

      I am concerned about the way they have addressed this issue in the
      committees and just went to the council on 7/27 to make a resolution
      to finalize it w/o addressing these issue with public imput. There
      could be a violation of the Brown Act here to some extent, but I need
      time to do more research on the issue. Time is what I don't have
      right now.

      According to the photos in your files on this group I can see that
      crossing clear back to 1883. I would think it would be grandfathered
      in or an existing right of way at that spot, again......I need more
      time to research this. The fire near us has been very stressing for
      the past 3 days. It started on Steven's Trail straight across from
      our house.....across I-80. Placer Co records should show some right
      of way in the deeds, but I don't have time before the meeting tonight
      to research it. Time is definitely NOT on my side right now......but
      my voice in this issue WILL BE!

      Any HELP will be appreciated........even an additional voice at the


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