BOARD OF DIRECTORS REGULAR MEETING
Approved Minutes
A. CALL
TO ORDER
Chairman Hemphill called the meeting to order at
B.
Directors Present: Simonson, Ollivier, Kelley,
Woolley, and Chairman Hemphill
Directors Absent: Colfax
Also
Present: Executive Director Mitch
Stogner, Legal Counsel Christopher Neary, and Recording Secretary Heather
Newell
C. AGENDA
APPROVAL
Upon
motion by Director Kelley, seconded by Director Simonson, and carried
unanimously (5-0), the agenda was approved.
D. MATTERS
FROM THE BOARD
1. Recognition
of Outgoing Board Member – Peter LaVallee
On
behalf of the NCRA Board, Chairman Hemphill thanked Peter LaVallee for his
service as a Cities Representative on the NCRA Board of Directors and presented
him with a plaque commemorating his service.
Mr.
LaVallee thanked the Board and said that he looks forward to watching the
progress and helping any way that he can as NCRA works to restore rail service
on the
E. COMMITTEE
REPORTS
1. Operator
Committee Report – Chairman Hemphill
Chairman
Hemphill asked Executive Director Stogner to update the Board on the Operator
Committee meeting held by conference call.
Mr. Stogner said the Operator Committee was briefed on the meeting NCRA
had with SMART staff on December 22, the environmental approach staff
recommends for the Russian River Division, and NCRA’s allocation requests for
the March 15
2. Policies and Procedures Committee
Report – Director Kelley
Director
Kelley said that the Policies and Procedures Committee met and discussed the
proposal that NCRA received for Planning, Engineering, and Project Management
Services in response to its RFP for such services. Director Kelley said that the item would be
further discussed on agenda item H.2.
F. CONSENT
CALENDAR
1. Approval of Minutes – November 2006
2. Approval
of Financial Statements - November 2006
3. Approval
of Financial Statements – December 2006
4. Approval
of Warrants Issued – November 2006
5. Approval
of Warrants Issued – December 2006
6. Approval
of Executive Directors Expenses - November & December 2006
7. Approval
of 2007 Board Meeting Schedule
8. Approval
of Extension of Lease – Talmage Office
Upon
motion by Director Kelley, seconded by Director Woolley, and carried
unanimously (5-0), items F.1 through F.8 of the Consent Calendar were approved.
G. PUBLIC
COMMENT
Daniel
Pierce – Mr. Pierce said
that the railroad tracks around the
Marcus
Brown – Mr. Brown told the Board
that the Timber Heritage Association has entered into a 1 year lease for the
Samoa Roundhouse and will use this property for storage of the Timber Heritage
locomotives. He also said that they have
received an extension on the time period they have to move the rest of the equipment. Mr. Brown thanked the NCRA Board for all of
the support and help.
Kaye Strickland – Mrs. Strickland
said that
H. CONDUCT
OF BUSINESS
1. Election of Officers and Committee Appointments
Upon motion by Director Kelley, seconded by Director Ollivier,
and carried unanimously (5-0). Allan Hemphill was reappointed as Board Chairman,
and
Committee Appointments
Upon Motion by Director Kelley, seconded by Director Ollivier,
and carried unanimously (5-0). Colfax, Kelley, and Simonson were appointed
Finance Committee, with Colfax appointed as Chair.
Simonson, Kelley, and Colfax were appointed to the
Property Committee, with Simonson appointed as Chair.
Hemphill, Simonson, and Kelley were appointed to the
Operator Committee with Hemphill appointed as Chair.
Woolley and Ollivier were appointed to the
Woolley, Kelley and Colfax were appointed to the Ad-Hoc
Policies and Procedures Committee with Woolley
appointed as Chair.
2.Authorize Staff to Execute Contract for NCRA Planning,
Engineering, and Project Management Services.
Executive
Director Stogner updated the Board on the proposal
that was revived in response to the recent RFP that was issued for Planning,
Engineering, and Project Management Services.
He said that the Policies and Procedures Committee evaluated the response
received by American Rail Consultants, and asked Director Kelley to elaborate
on the Policies and Procedures Committee meeting.
Director
Kelley said that the Policies and Procedures committee had a phone conference
and reviewed the proposal. He said the
proposal from American Rail Consultants (ARC) was responsive in every way to
the RFP including the provision of, contract management, oversight engineering,
on-site engineering, and program planning.
Director Kelley said that the Policies and Procedures Committee finds
that the proposal is responsive to the RFP.
Upon
motion by Director Kelley, seconded by Director Oliver, and carried unanimously
(5-0) the Proposal was accepted and Staff was directed to enter into a contract
with American Rail Consultants for Planning, Engineering, and Project Management
Services.
I. STAFF
REPORTS
1. Operator’s
Report -
John
Williams told the Board that he attended the Centennial Celebration of the NWP Railroad
and distributed a photograph of the plaque that was dedicated. He said that it was honor to participate in
the 100 year celebration.
Mr. Williams reconfirmed his determination to help with the
efforts of rehabilitating the railroad and resuming operations, although he
said he is discouraged by the timeframe being pushed back to March of
2008. He also said that NWP Co. needs to
have an operating railroad as soon as possible in order for his company to continue
to invest financially in the NCRA.
Mr. Williams said that he would like
to see NCRA have a discussion item each month to reaffirm NCRA’s
dedication to reopening the railroad, and he also asked the Board to direct
staff to reevaluate the schedule so that NWP Co. could be in operation by fall
of 2007.
Chairman Hemphill thanked Mr.
Williams and said that it would be good to have an agenda item each month so
that the schedule for reopening the railroad can be discussed.
Mr. Stogner said that if Staff can
speed up the timeline, it will do everything its power to do so.
Director Woolley
said that the NCRA is not entirely in control of the schedule since allocation
and environmental actions must be reviewed and approved by the
Director Kelley agreed that an
agenda item would be useful and he said that everyone wants to have an
operation railroad and said that the schedule should be tracked on a monthly
basis.
Chairman Hemphill pointed out that
the repair schedule is driven by the
2.Engineer’s
Report – Dave Anderson - NCRA Project Manager
Dave Anderson thanked the Board
for directing Staff to enter into a contract with American Rail Consultants
(ARC).
Mr. Anderson presented the Board
with a PowerPoint presentation on the recent repairs under Urgent Repair
Contract # 1 including repairs at Shultz Slough, Audubon Levee, and
3. Executive Director –
a. Proposition 1B Application /
Executive Director Stogner said that
the Passage of Prop 1B includes $3.2 billion for capital improvements in
freight rail corridors throughout the state.
He said that NCRA and the Humboldt Bay Harbor District are working on a
joint application for Proposition 1B funds under the Rail/Port provisions of
the Bond Measure. He also said that applicants need to get their plan into the
b.
Reintroduction of SB 792 (Chesbro)
Executive Director Stogner said that
he and Director Woolley had meetings in
The Board authorized staff to make contact
with a legislator that is interested in reintroducing SB 792.
c. FEMA/OES Equipment
Executive Director Stogner
updated the Board on the FEMA acquired equipment which is finally in the
possession of the NCRA.
d. Sign Removal
Executive Director Stogner told the
Board that the NCRA identified 8 sign locations and sent a letter to CBS
Outdoor Advertising on December 11 and requested removal of the billboards between
4. Legal Counsel - Chris Neary
No Report
The Board
adjourned into closed session at 11:12 a.m.
J. CLOSED
SESSION
1. CONFERENCE WITH LEGAL COUNSEL-Existing
Litigation (3 Cases)
Government Code Section
54956.9 (a)
(a) NWPY Arbitration
(b) Humboldt Baykeeper vs. Union Pacific, NCRA
et al.
(c) Humboldt Baykeeper vs. Simpson, NCRA et al\
2.
CONFERENCE
WITH LEGAL COUNSEL-Initiation of litigation
Government Code Section 54956.9 (c) one case
Announcement of the litigation would jeopardize
NCRA’s
Ability to conclude
existing settlement negotiations to its advantage.
3. CONFERENCE WITH LEGAL COUNSEL-Initiation of
Litigation
Government Code Section 54956.9 (c)
Litigation to be discussed: Enforcement
of Billboard Removal on NCRA property.
K. ANNOUNCEMENT
OUT OF CLOSED SESSION
The Board met with Council, received advice and gave
direction. In connection to Agenda Item J.3 on the Closed Session Agenda,
the Board acted unanimously (5-0) to delete the ISTEA funds from the Russian
River Division project description.
L.
ANNOUNCEMENT OF
M.
ADJOURNMENT
Chairman Hemphill adjourned the meeting at 2:15 p.m.