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Home My WebLink About2005-09-21 Agenda Packet Truckee Donner Public Utility District t r , . SPECIAL MEETING 4:00 PM, Wednesday, September 21, 2005 TDPUD Board Room AGENDA 1. Call to order 2. Roll call 3. Public input—this it time set aside for the public to address the board on any matter not on the agenda. Testimony related to any agendized matter should be addressed at the time that item is considered. ACTION ITEM 4. Consideration of a request by Cebridge Connections to address the board, possible action. a) Staff report b) Public input c) Board discussion and action The agenda is available for review at the TDPUD office and the Truckee branch of the Nevada County Library Posted and mailed on September 16, 2005 Barbara Cahill, Deputy District Clerk A copy of the agenda packet is available for public review at the district administrative office:11570 Donner Pass Rd. Public participation is encouraged. The meeting location is accessible to people with disabilities. Every reasonable effort will be made to accommodate participation of the disabled in all of the District's public meetings. If particular accommodations for the disabled are needed (i.e., disability-related aids, or other services), please contract the Clerk of the Board at (530) 582-3909, at least 24 hours in advance of the meeting. P_ 0. Box 309—'1-ruckee, CA 96,160 Agenda Item # 4 TRUCKV Iwll i 1M� � jl U I� A „ . DONNER Public Utility District Memorandum To: Board of Directors From: Peter Holzmeister Date: September 16, 2005 Subject: Request of Cebridge Connections Why this matter is before the Board: This is a request from Pete Abel of Cebridge Connections to address the Board History: There is a long history to issues related to Cequel 3 efforts to extend a fiber line to its tower on land adjacent to land owned by Dr Chez. I think you are familiar with the details of that effort so I will not attempt to describe it here. New information: Attached is an e-mail from Pete Abel to Ron Hemig that contains a hint of new information. Also attached is a letter that we sent by the Forest Service to Craig L. Rosenthal, Senior Counsel of Cebridge Connections. That letter states that Cebridge Connections must vacate Forest Service Land. At this point it appears that use of TDPLID land is no help the Cebridge Connections and they must use the Chez route. Recommendation: It appears that the action previously taken by the Board is the only appropriate action. Page I of I Peter Holzmeister From: Ron Hemig [ron@hemig-erle.com] Sent: Friday, September 16, 2005 4:17 PM To: Peter Holzmeister Subject: FW: 9/21 TDPUD Board Meeting Importance: High -----Original Message----- From: Abel, Pete [mailto:Pete.Abel@cequel3.com] Sent: Friday, September 16, 2005 5:01 AM To: ron@hemig-erle.com Cc: Gilles, Dave; Zarrilli, Mike; Rosenthal, Craig; Oelkers, Jason Subject: 9/21 TDPUD Board Meeting Importance: High Ron -- On September 7, the TDPUD Board asked Cebridge to provide an update at the Board's next regular meeting on September 21, regarding matters relative to TDPUD property we have previously discussed. I will attend that meeting on behalf of our company, specifically, on behalf of our regional headquarters in Truckee. Up until this morning, I had hoped my update would be simply that -- an update -- and hence could be provided during public comments, prior to the agendized items. However, recent developments (over the last 24 hours) suggest the Board may need to take action on the matter at hand -- either at its regularly scheduled 9/21 meeting or at a special meeting conducted sometime between 9/21 and the formal expiration of our lease agreement on 9/30. We wanted to communicate this potential need as soon as we were aware of it, so that the Board could make an appropriate decision regarding when it will agendize this matter. Please do not hesitate to contact me with any questions you might have and, as always, thank you for your kind consideration. -- Pete Abel at 314.315.9346 or via Jason Oelkers at 530.550.9322 "The information transmitted is intended only for the person or entity to which it is addressed and may contain proprietary, confidential and/or legally privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from all computers." 9/16/2005 United States Forest Truckee 9646 Donner Pass Road V k\ Department of Service Ranger Truckee,CA 96161-2949 Agriculture District 530-587.3558 530-587-6907 TDD 530-587-6914 FAX File Code: 2720-1 Date: September 16, 2005 Craig L. Rosenthal Senior Counsel Cebridge Connections Suite 450 CERTIFIED MAIL— RETURN 12444 Powerscourt Dr. RECEIPT REQUESTED St Louis, , MO 63131 NUMBER: Dear Mr. Rosenthal: In correspondence with you and/or Mr. Eric Olsen in your Truckee, California Office, we had notified you that we are planning to sell a property that is traversed by a power/data line serving your facility on a ridge above downtown Truckee. The involved property is located in the S1/2 SW I/4 Section 10, T.17N, R.16E., MDM. Assuming your needs would stay the same, Rick Maddalena and Leslie Morefield have worked with you to develop a draft easement for the underground power/data line that we said we would include in our sale package. The plan was to have the purchaser of the involved National Forest System land execute the easement as a condition of the sale. The Special Use Permit for this fine has expired and this line segment was not listed as an authorized use on your Special Use Permit#TKD668201, dated March 8, 2005. In the meantime, it has come to my attention, that the subject power function of this line segment, serving the electronic site(which is on private land), has been replaced by a power line that is now located in a conduit parallel to National Forest System lands, located on land owned by Dr. Chez. We understand that you may have a desire to use the underground conduit on National Forest System lands as a chase way for a fiber optics line. We have been told that there is a parallel empty conduit on property owned by Dr. Chez. He has told us that he has made it available to you for the purpose of installing the proposed fiber optic line. Much like the recent communications between your company and the Truckee Tahoe Public Utility District, the authorization of use of National Forest System lands by a private entity can not be in competition with a private property owner. As a matter of policy, I must deny continued use of National Forest System lands for this conduit or for installation of fiber optic or other line. You are instructed to remove the power/data line(s) in the conduit by November 1, 2005 and further instructed to breach the conduit in at least 3 places. All above ground indicators of the conduit (man holes and monuments) are to be removed by this same dais. We recommend that the conduit be breached within 10 feet of the property line where the line enters and exits National Forest System lands and one point roughly 1/2 between these to points. If heavy equipment is needed to create these breaches or to remove the above ground features, please alert ups Caring for the Land and Serving People armed«,a�aea aaue, Craig L. Rosenthal Page 2 Rick Maddalena or Bob Moore at 530.587.3558 of that need. Rick or Bob will work with you to obtain permission to bring the equipment onto the property. Keep in mind that ground disturbing activities after October 15 may require special authorization by the Regional Water Quality Control Board. We are no longer willing to require the purchaser of the subject property to offer you an easement for the continued presence of this conduit. Should you have questions about this decision not to allow continued use of this conduit, please direct them to Rick Maddalena at the above listed telephone number. As a secondary issue, we have made contact with a number of your employees and have instructed them not to travel though National Forest System lands en route to your electronic site. The native surface road from our work center is not a system road and therefore there are no public or private rights associated with use of that road. The prior owner of the electronic site developed a connection between our native surface road and the electronic site without our permission. There are no established public or private rights available to you or other users of the electronic site for travel from our work center to your electronics site or for use of this illegally constructed"wheel track". Should this use continue, it will be treated as a trespass and will be dealt with accordingly. Sincerely, /s/Joanne B. Roubique JOANNE B. ROUB IQUE District Ranger cc: Rick Maddalena Kim A Jackson Craig.Rosenthal Pete.Able