BOARD OF DIRECTORS REGULAR MEETING
Ukiah City Council Chambers ~
Minutes
– Approved
A. CALL
TO ORDER
Vice Chairman
Wagenet called the meeting to order at
B.
Directors
Present: Directors Simonson, Kelley,
Ollivier, Wagenet, LaVallee, Woolley
Directors
Absent: Chairman Hemphill
Also
Present: Executive Director
C. AGENDA
APPROVAL
One item
added to agenda under H –Conduct of Business – City of
Motion to
approve agenda after addition of H.2 made by Director Kelley, seconded by Director
LaVallee, and carried unanimously (6-0).
D. MATTERS
FROM THE BOARD
No matters
from the Board
E. CONSENT
CALENDAR
1. Approval of Minutes – April 2006
2. Approval of Financial Statements – April
2006
Motion to approve
Consent Calendar made by Director Ollivier seconded by Director Kelley, carried
unanimously (6-0).
F. PUBLIC
COMMENT
Don Edmiston
–
G. PRESENTATIONS
Dave Anderson – HNTB
Dave
Anderson updated the Board on the work that will be completed with the funds
that
Director
Woolley asked if Caltrans has raised any issues surrounding
the NCRA Policy and Procedures. He also asked whether. If NCRA would be able to
retroactively apply the Indirect Cost Reimbursement Plan once the plan is
approved by Caltrans.
Mr.
Stogner explained that the initial indication from FEMA was that NCRA does not
qualify for disaster assistance
funding for damage caused by the New Year’s storm because the railroad is not currently operational. He said that NCRA has a 60 –day right of
appeal and that NCRA would exercise
its appeal right.
Vice
Chair Wagenet said that there was significant health and safety issues in
H. CONDUCT
OF BUSINESS
1. Approval of MOU – City of
Legal Counsel said that the MOU has
not been approved by the
Director Simonson said that the
Property Committee recommends adoption of the MOU with the City of
Motion to approve the MOU made by
Director Kelley seconded my Director Simonson, carried unanimously (6-0).
H.2 – Easement Agreement between City of
Legal Counsel said that the
NCRA Property Committee has approved the agreement with consideration of a $2000.00
one time fee. Motion to approve the
easement agreement with amended consideration made by Director Kelley, seconded
by LaVallee, and carried unanimously (6-0).
I. COMMITTEE
REPORTS
1. Property Committee Meeting – Director
Simonson
Director
Simonson said that there are no further items left for discussion.
2. Operator Committee Meeting – Chairman
Hemphill
Vice
Chair Wagenet said that the Operator Committee reviewed proposals from three teams
interested in servicing as NCRA’s rail operator. He said interviews were held during an
all-day session in Cloverdale on April 18, and that the Board would be reporting
out of Closed Session on this item.
J. STAFF
REPORTS
1.
Executive Director Mitch Stogner
a)
Executive
Director Mitch Stogner said that this issue was covered under Presentations.
b) FEMA/OES
Mr. Stogner
said the FEMA/OES issue was
discussed previously and asked if there were any questions.
Director
LaVallee asked if the withholding of funds from the 05-06 storms was only because
NCRA is a non-operating railroad. He
said that the Baker Creek situation is a public safety issue and NCRA should be
eligible for funds.
Executive
Director Stogner said that FEMA has two standards: 1. You must be an operating facility; 2. The damages must have been caused by the
storm, and must be a threat to health, safety, or adjoining private property.
2. Legal
Counsel Chris Neary
No report
The
Board adjourned into Closed Session at
K. CLOSED
SESSION
1. Conference with Legal Counsel-Existing Litigation
Government Code Section 54956.9 (1 case)
NCRA vs. Jerico
Products, Sonoma County Superior Court #
2. Conference with Legal Counsel—Anticipated Litigation
Significant Exposure to Litigation (1 case)
Government Code Section 54956.9(b)
3. Conference with Real Estate Negotiators; Government Code
54956.8
Property: NWP line
Agency Negotiators: NCRA Operator Committee comprised of Allan Hemphill, Hal Wagenet, and Robert Simonson
Negotiating
Parties: NCRA and respondents to the NCRA Request for Proposals for Operator
chosen by the Operator Committee on
Under Negotiation: Terms of Operating Agreement transferring leasehold in portions of the NWP line to a potential operator, including price, terms
Chairman Hemphill arrives at
L. ANNOUNCEMENT
OUT OF CLOSED SESSION
The Board reconvened into
open session at
Legal Counsel
reported that the Board met with Counsel, received information, and gave direction
on two items:
Actions
taken: The Board approved a settlement
agreement with Jerico.
Chairman
Hemphill said that the Board has reviewed the proposals and determined to
commence negotiations with two of the respondents; Sierra Railroad and NWP,Inc. He also said the Board directed the
negotiating committee to commence the negotiation immediately and report back
to the full board at the June meeting.
M.
ANNOUNCEMENT OF
Healdsburg –
N.
ADJOURNMENT
The meeting was adjourned to the Finance Committee
meeting at