NORTH COAST RAILROAD AUTHORITY (NCRA)

BOARD OF DIRECTORS REGULAR MEETING

Wednesday, March 8, 2006, 10:00 am

Healdsburg City Council Chambers ~ 401 Grove Street

Sonoma County

Final – Approved April 12, 2006

 

 

A.         CALL TO ORDER

 

                Vice Chairman Wagenet called the meeting to order at 10:05 am.

 

B.        ROLL CALL

 

            Directors Present: Wagenet, Simonson, LaVallee, Ollivier

                Directors Absent:  Kelley, Woolley, Hemphill

                Also Present: Executive Director Mitch Stogner, Legal Counsel Christopher Neary, Recording Secretary Heather Newell

 

 

C.         AGENDA APPROVAL

 

            Motion to approve the agenda made by Director LaVallee seconded by Director Ollivier, carried unanimously (4-0) with the following change:

 

                        Item H.4 was moved until after closed session.

 

D.        MATTERS FROM THE BOARD

 

            No matters

 

E.         CONSENT CALENDAR

 

            Motion made to approve the Consent Calendar made by Director LaVallee, seconded by Director Ollivier, carried unanimously (4-0) after the following change:

 

                Director Simonson requested that the February Regular Meeting Minutes - Item I.2, be changed to reflect that the Property Committee recommended that the Wye track adjacent to 101 Redwood remain in NCRA ownership because it is an essential component of current and future rail service on the NWP line.

 

            1.            Approval of Financial Statements – January 2006

                2.             Approval of Minutes – February 2006

                3.             Approval of Minutes – February 2006 Property Committee Meeting

                               

F.         PUBLIC COMMENT

           

            Mike Pechner brought to the attention of the Board that there are a number of crossings in the Arcata and     Eureka area that have been paved over.  He said that it is important that the public be made aware that the NWP is not an abandoned rail line.  He said that seeking the appropriate approval before paving over tracks is an absolute necessity.  Mr. Pechner also said that Ruth Rockefeller is moving, and announced that there will be a going away party on Saturday, March 11, 2:00 at the Museum in Willits.  Vice Chair Wagenet invited the public to attend.

 

G.        PRESENTATIONS

 

                1.             Moss Bittner reported to the Board that RAPIT sent him to the Freight Conference in Long Beach. 

                                He said that it was a good opportunity to see what the priorities are in regards to Goods Movement in California.  He said that the conference reemphasized the importance of rail – port connections.  He pointed out that Pacific Rim trade would continue to put pressure on West Coast ports to find answers to problems associated with port congestion.

 

H.        CONDUCT OF BUSINESS

 

                1.             Approval of Fiscal Year 04/05 Single Year Audit                        

 

                                Stacey Edgmon of Aycock and Edgmon presented the Board with the Single Year Audit of the NCRA for the fiscal year of 2004-2005.  She thanked NCRA and Sonoma County staff, summarized her findings and reported that no instances of noncompliance were found for fiscal year 04-05.  Motion made to approve Single Year Audit made by Director Simonson, seconded by Director LaVallee, carried unanimously (4-0).

 

                2.             Approval of Resolution for TCRP Application 32.5 - $2.9 mil ECD

 

                                Motion to approve TCRP application 32.5 made by Director LaVallee, seconded by Director Ollivier, carried unanimously by roll call (4-0).

 

                3.             Approval of Resolution for TCRP Application 32.4 - $4.9 mil Emergency Repairs

 

                                Motion to approve TCRP application 32.4 made by Director Ollivier, seconded by Director Simonson, carried unanimously by roll call (4-0).

 

                               

                4.             Consideration of Tyris Corporation Application for Temporary License Agreement for three crossings retroactively for calendar year 2005; and calendar year 2006.

 

                                Item moved to after closed session.  Motion made to grant Tyris Corp a temporary revocable license for a private crossing in Cloverdale expiring in December 2006 made by Director Wagenet, seconded by Director LaVallee, and carried unanimously (4-0).  The Board suggested that Tyris present its long term plans to NCRA before expiration of the temporary license and directed NCRA staff to discontinue negotiations pending Tyris’ submission of a proposal for a long-term crossing agreement.

                                               

I.          COMMITTEE REPORTS

 

            No report

 

J.         STAFF REPORTS

 

1.                    Executive Director Mitch Stogner

               

                a)  CTC Update

 

                                Executive Director Mitch Stogner updated the Board on NCRA’s upcoming March 16th CTC presentation which requests $4.9 million in TCRP funding for public safety repairs, and $2.9 million for the ECD.

               

2.             Legal Counsel Chris Neary

 

                               

 

K.         CLOSED SESSION

  

 

                1.          CONFERENCE WITH REAL PROPERTY NEGOTIATORS

                                Agency Negotiators Rob Kranz (who will not be present), Mitch Stogner, Christopher Neary;

                                Gov. Code Section 54956.8

                                Under Negotiation (1) Assignment of an existing industrial at-grade crossing; from Louisiana Pacific to Tyris Corporation; its contractor and Shamrock materials; (2) consideration of Applications for Temporary License for years 2005 and 2006; (3) Possible resumption of negotiations for permanent easements (4) price, terms and safety requirements for all of the above.

                                Negotiating Parties: NCRA and Tyris Corporation

                                Location: Between MP 83.48 and 83.75 near Cloverdale, Ca.

 

                2.             CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

                                Gov. Code Section 54956.9(a)

                                Two related cases

                                NCRA vs. Jerico Products, Sonoma County # SCV235961

                                Jerico Products vs. SMART, U.S. District Court Case #05-00210

                                Consideration of Settlement of both cases

 

            3.         CONFERENCE WITH LEGAL COUSEL – ANTICIPATED LITIGATION

                                (1)Significant exposure to litigation

                                Gov. Code Section 54956.9(c)

                                Two potential cases

               

L.         ANNOUNCEMENT OUT OF CLOSED SESSION

 

            The Board met with counsel, received information and gave direction.  Director Wagenet reported that the     following motion was made in closed session:

 

            Motion made to grant Tyris Corp a temporary revocable license for a private crossing in Cloverdale expiring in December 2006 made by Director Wagenet, seconded by Director LaVallee, carried unanimously (4-0).  The Board suggested that Tyris present its long term plans to NCRA before expiration of the temporary license, and directed staff to discontinue negotiations pending Tyris’ submission of a proposal for a long-term crossing agreement.

 

           

M.        ANNOUNCEMENT OF NEXT MEETING

           

            April 12, 2006

                Eureka City Council Chambers

                531 K Street

                Humboldt County

           

N.        ADJOURNMENT

                                               

 

            The meeting was adjourned to the next regularly scheduled meeting of April 12, 2006 at      12:30