BOARD OF DIRECTORS REGULAR MEETING
Approved Minutes
A. CALL
TO ORDER
Chairman Hemphill called the meeting to order at
B.
Directors Present:
Simonson, Wagenet, LaVallee, Woolley, Ollivier, Chairman Hemphill
Directors Absent:
Kelley
Also Present:
Executive Director
C. AGENDA
APPROVAL
Legal Counsel requested the addition of one item: Existing litigation in regards to NCRA and NorthWestern Pacific Railway Company (NWPY).
Motion to approve the Agenda with added item, made by
Director Ollivier, seconded by Director Simonson, and carried unanimously (6-0,
Kelley absent).
D. MATTERS
FROM THE BOARD
1. Director Wagenet - Presentation of Memorial Resolution – Hannah Burkhardt
Director Wagenet presented to Christian Burkhardt a
Memorial Resolution in honor and memory of his mother, Hannah Burkhardt. Director Wagenet read the resolution into the
record. Resolution is hereby made part
of these minutes by reference.
The Board unanimously approved the resolution (6-0,
Kelley absent).
Christian Burkhardt expressed thanks to the Board. He said he would make every effort to continue
publication of the Northwestern Pacific Railway Society newsletter.
Chairman Hemphill said that Hannah was a great help to
the railroad and she was extremely supportive of NCRA’s
plight from its inception. He said her
labor of love continued to the very end and that she will always be remembered
for her remarkable commitment to rail service on the
Kaye Strickland thanked Director Wagenet for the Memorial
Resolution and said that Hannah would be missed greatly. Ms. Strickland spoke of her long friendship
and deep admiration and respect for Hannah.
Richard Jergenson said that
Hannah was his railway mentor for 20 years.
He said that Hannah invited him to Mendocino County Railway Society
meetings in
All spoke of Hannah’s determination, integrity, great
love of life, great love of the environment, great love for her husband and
son, and great love of railroading.
Chairman Hemphill also introduced Hannah’s long time
friend, Ruth
Rockefeller has returned to the area and
welcomed her back to
E. COMMITTEE
REPORTS
No reports
F. CONSENT
CALENDAR
1. Approval of Minutes – July 2006
2. Approval of Financial Statements FY
05-06 Year End
3 Approval of Financial Statements – July
2006
4. Approval
of Expense Reimbursement June 2006– Executive Director
Motion to approve the Consent Calendar, items F.1 – F.4
made by Director LaVallee, seconded by Director Wagenet, approved unanimously
(6-0, Kelley absent).
G. PUBLIC
COMMENT
Christian Burkhardt said that the Northwestern Pacific
Railway Society is looking for areas to place donation boxes so that they the
printing cost of the
H. PRESENTATIONS
No presentations
I. CONDUCT
OF BUSINESS
1. Consideration
of LAIF Authorized Signatures
Recommendation: Appoint 2
Board Members and Executive Director as Authorized Persons to sign LAIF
Updates.
Executive Director Stogner explained that in order for
any LAIF transactions to be accurately recorded in the future, NCRA will need
to update the authorized signatures on file with the LAIF. Motion to approve signatories,
Director Wagenet, Director Simonson, Chairman Hemphill and Executive Director
2. Consideration
of City of Healdsburg Foss Creek Bike Path – Phase II
Recommendation: Approve Phase
II
Executive Director
Chairman Hemphill asked if the prospective operator had
any concerns in regards to the proposed Phase II Bike Path.
Mr. Williams, NorthWestern Pacific Railroad Co. Inc said
that his only concern is the distance between the Railroad and Path. He said his primary concern was safety of
pedestrians and wanted to make sure that issue was addressed by the City.
Director Simonson said that he agreed with Mr. Williams
concerns in regards to public safety. Director
Simonson suggested the NCRA develop a formal policy with respect to pedestrian pathways
on railroad property.
Director Wagenet said that he wants to have any future
requests for pedestrian pathway’s or bike paths, be reviewed by the operator
and then presented to the Board with the operator’s recommendations.
These comments having been noted, Director Woolley moved
approval of the City of
(6-0, Kelley absent).
3. Consideration
of Ad-Hoc Policies & Procedures Committee
Recommendation – Appoint two Directors to form Ad-Hoc Policy and Procedures Committee
Executive Director
Chairman Hemphill appointed Director Kelley and Director
Woolley to the newly formed Policies and Procedures Committee.
Director Woolley said that communication with District 1
staff in regards to any new policies or procedures should be considered.
Motion to create an Ad-Hoc Policies and Procedures
Committee and appoint Directors Kelley and Woolley
made by Director Ollivier, seconded by Director Simonson, carried
unanimously (6-0, Kelley absent).
4. Consideration
of Communications Facility Lease Agreement – Edge Wireless
Recommendation – Approve Communications Facility Lease Agreement
with Edge Wireless
Legal
Counsel Christopher Neary said that the agreement is a renewal of a lease
agreement with Edge Wireless. It is a
two year agreement for a total of $14,000 per year.
Motion to approve the Edge Wireless lease agreement made
by Director Wagenet, seconded by Director Woolley, and carried unanimously
(6-0, Kelley absent).
Director
Kelley arrives at
5. Consideration
of 3 TCRP Applications for October 2006
1. 32.4 – Allocation Request for NCRA Urgent Railroad Repairs
2. 32.3 & 32.9 – Programming Request for Phase I studies
for combined EIR/EIS document for Dos Rios to South Fork.
3. 32.9 - Phase I studies and Phase II
Plans, specifications and estimates to reopen the railroad from
Recommendation: Approve TCRP
Applications for October 2006
Executive Director
Mr. Stogner said that NCRA will go before the California
Transportation Commission in October when
the
Director Simonson asked how many ties per mile would be
replaced within the application. NCRA’s Project Engineer, Dave Anderson said that between
500 and 800 ties per mile would be replaced.
Chairman Hemphill asked what role SMART would have in helping
determine the areas of replacement since SMART is actively pursuing bringing
the track up to a higher standard.
Director Simonson asked if the rehabilitation work would
bring the line up to Class
Director Woolley asked if staff has talked to
Director Wagenet asked the operator if there are 800 ties
replaced per mile, does that leave appropriate space for SMART if they want to
add more ties, and does that allow for SMART to make its repairs without
tearing up all of NCRA’s repairs. Mr.
Williams said that the NCRA roadbed repairs would allow for SMART to make any
upgrades needed.
Chairman Hemphill said that NCRA staff has tried to
arrange for a meeting with SMART and has been unable to confirm a date. He said
that he was confident a meeting with SMART Chairman, Al Boro, would be
confirmed soon.
Director Woolley said that the Friends of the
Director Wagenet said that a lot of the permitting
agencies are short staffed. He said that
a relationship needs to be developed with regulatory agencies so that
normalized maintenance and emergency repairs within the existing right-of-way
will be approved by the permitting agencies on an expedited basis.
Motion to approve TCRP Applications 32.3, 32.4, and 32.9
made by Director Woolley, seconded by Director
Wagenet, and approved unanimously (7-0).
J. STAFF
REPORTS
1.
Executive Director Mitch Stogner
a)
No update.
b) Policy and Procedures Update
2. Legal
Counsel Chris Neary
Legal Counsel Christopher Neary
reported that the agreement with Jerico Products has been finalized. He said that NCRA is continuing to meet with
Jerico to talk about the potential replacement of
Mr. Neary said that the Mass
Electric litigation has been satisfied. He also said that there is an issue
regarding the Viacom billboards in
The
Board convened into closed session at
K. CLOSED
SESSION
1. Conference with Real Estate
Negotiators
NWP
Co.
Agency
Negotiators:
Parties
to Negotiation: NCRA; NorthWestern Pacific Railroad Company
Under
Negotiation: All Terms of Lease and Operating Agreement.
The Board reconvened into open session at
L. ANNOUNCEMENT
OUT OF CLOSED SESSION
Legal Counsel reported that the Board met with Real
Estate Negotiator, received information and gave
direction. On the matter of litigation
with NWPY, the Board unanimously authorized negotiation of an arbitration
agreement with NWPY.
M.
ANNOUNCEMENT OF
Healdsburg –
N.
ADJOURNMENT
Chairman Hemphill adjourned the meeting at