NORTH COAST RAILROAD AUTHORITY (NCRA)
BOARD OF DIRECTORS REGULAR MEETING MINUTES
TUESDAY, NOVEMBER 14, 2000
AT 10:00 A.M.
����������� Chair Jehn called the
meeting to order at 10:00 a.m.
B.�������
ROLL CALL
Directors present:�
Chair Robert Jehn, First Chair David Ripple, Robert E. Simonson, and
Allan Hemphill.
����������� Directors absent:� Max Schlienger, Jake Mackenzie, and Daniel
Opalach.
������ �����Also present:�
Executive Director Max H. Bridges, General Counsel Christopher J. Neary,
Property���������
�����������
Manager Cyndee Logan, and Administrative Assistant Pamela Fishtrom.
2.����������� Approval
of Minutes of the November 6, 2000 Special Board Meeting
Dir. Hemphill moved approval of the Agenda with the requested changes; seconded by Dir. Ripple.� Vote taken; motion passed unanimously.
Dir. Opalach arrived at 10:03 am.
1.����������� Trails and Rails Presentation
Jennifer Rice represented Redwood Community Action Agency�s Natural Resource Division and Friends of the Annie & Mary Rail-Trail in presenting an update on their efforts to create a trail on the out-of-service rail corridor from Arcata to Korbel.
2.� ����������� Northwestern Pacific Railroad Support Coalition
Kaye Strickland, speaking for several civic agencies, offered to assist in garnering support in Humboldt County for the Line and in contacting political representatives on funding issues.�
Pete Oringer discussed the economic importance of rail service in the Humboldt area in terms of the Port and tourist train opportunities.� He offered the Board convey why this relatively benign area cannot be separated from the Eel River Canyon in pursuing repair under the Improved Project as was done on the South End through categorical exclusions.�� �
�
3.
������� Humboldt Bay Harbor, Recreation,
and Conservation District Presentation (HBHRCD)
David Hull, Chief Executive Officer, provided an up-date of Port activities.� He indicated on-going discussions with Mr. Bridges to utilize $275,000 of Intermodal Service Transportation for the 21st Century funds (TEA-21) pledged to their agency for use on the Railroad, and on issues in support of a marine terminal.��
����������� �����������
4.�������� Consider Contracting with Fiber Optic
Consultant
Mr. Bridges and Ms. Logan recommended seeking the expertise of a fiber optic consultant to determine the value of the opportunities presented in that area.
Dir. Ripple moved to take the recommendation of staff and direct staff to negotiate a contract; seconded by Dir. Hemphill.� Vote taken; motion carried.��
�����
5.�� ����������� Approve
First Amendment to Lease Agreement with Sonoma County for Cloverdale Depot
Mr. Bridges recommended approving the amendment he negotiated with Sonoma County to lease the Cloverdale Depot for one year at $100 per month and two years at $150 per month less the cost for providing janitorial services for the public restrooms.
Dir. Simonson moved to direct staff to enter into the amended agreement; seconded by Dir. Hemphill.� Vote taken; motion passed unanimously.
6.����������� Notice of Biennial Review and
Amendment of Conflict of Interest Code
Item pulled.
7.����������� Discussion on Negotiating Interest
Rates Agreed to Under Contract
Mr. Bridges reported NCRA has a contractual obligation to pay 9.6% interest to Rail-Ways, Inc. and Herzog which will affect the distribution of debt relief money.
8.�������� Revise Scope of Work for Re-Opening
Project Between Willits and Samoa
Item moved to after Closed Session.
9. ����������� Extension of Start-up Date for
Northwestern Pacific Railway Co. LLC (NWPY) and���
�� �������������� Northwestern California Railway
Engineering Corp.� (NorCare) Permanent
Operating
����� ����������� Agreement
Mr. Neary proposed continuing this item until the December Board Meeting.
Chair Jehn
inquired if there were any objections by Board Members; hearing none, he
continued the Item to the next meeting.�
�����������
�����������
1.�� ����������� Northwestern Pacific Railroad Authority (NWPRA) �
Executive Dir. Bridges
Dir. Hemphill reported the meeting focused on the
Golden Gate Bridge, Highway, and Transportation District�s role in the
NWPRA.�
�2.�� ����������� Legislation � Executive Dir. Bridges
����������� ����������� Chair Jehn mentioned the Governor signed for
the passage of TEA-21 funds to HBHRCD.
������������
3.�� ����������� Passenger � Dir. Hemphill
Dir. Hemphill reported Carl Meyers of California
Redwood Coast Company did not get a big response after he was asked to contact
the Northwestern Pacific Railroad Historical Society with regard to their offer
to seek volunteers to help with the passenger cars.� Because of additional requests to provide service, Dir. Hemphill
recommended the Board revisit their passenger-related policies.������
� 4.�� Cities
� Dir. Mackenzie
����������� ����������� There was no report due to Dir. Mackenzie�s
absence.
������������
5.�� ����������� Sonoma-Marin Area Rail Transit Commission (SMART) � Chair
Jehn
Chair Jehn reported SMART is hiring staff and
proceeding with environmental and engineering work to begin commute rail
between Cloverdale and San Rafael.� The
next meeting is tomorrow, November 15 at 2:00 p.m.
�6.�� ����������� Mendocino
Council of Governments Technical Advisory Committee � Ms. Logan
Ms. Logan reported the next meeting is tomorrow; however, NWPY needs to submit the preferred crossing design because the 10% set aside is funded in January.�
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� 7.�� Web
Site � Chair Jehn
Chair Jehn reported visitation to the site remains
3-4,000 hits per month: subscribers number approximately 175.� He recommended the Board, in the next couple
of months, consider permanent staff to maintain the web site.
8. CalTrans District 1-District
External Advisory Liaison Committee � Dir. Opalach
Dir. Opalach reported
meeting November 1; however, there were no direct rail-related issues
discussed.� He remarked that truck
restrictions were discussed and will remain in place for a long time which is
just another reason to re-open the Railroad.�����������
9.����������� Contractor � Northwestern Pacific Railways Company, LLC
(NWPY)
����������� ����������� John Darling, CEO/CFO, reported:
�
appreciation
for NWPSC;
�
two
field studies are necessary to determine if there is a need to transplant
plants;
�
Dir.
Ripple hi-railed on the track last week;
�
Maintenance
of Way crews started in Petaluma and went to Black Point: by the end of the
week they should be in Petaluma;
�
vegetation
control is on-going;
�
the
Petaluma Yard needs to be dressed up;
�
he
will be asking the Federal Railroad Administration (FRA) to inspect to Mile
Post 43 on November 30 and 31 or December 3 and 4, and to Mile Post 63 near the
end of December;
�
the
introduction of:
�
Bill
Bremer, Marketing Manager,
�
Joel
Torres, General Manager of Operations, and
�
Doug
Christy, President and Chief Engineer;
�
the
security camera is in place on the Haystack Landing Bridge; however, a permit
is required by the Coast Guard to change the lighting; and,�
�
nothing
should delay the re-opening from Mile Post 63 to Willits when the bid process
is complete.
����������� ��������
H.�������
EXECUTIVE DIRECTOR REPORT � Executive Director Bridges
Mr. Bridges reported:
�
LB
Hayhurst and Associates received 18 resumes for the Project Manager position:
November 22, 2000 is the final filing date;
�
Russ
Mustola, Consulting Accountant, submitted his resignation as of December 31,
2000; and,
�
a
meeting is scheduled with CalTrans tomorrow to discuss:
�
the
Disadvantaged Business Enterprises Program;
�
support
for judgments submitted for payment from the debt reduction funds;
�
the
California Transportation Committee Meeting in December; and,
�
the
issuance of the Request for Proposals for Engineering Services.
Mr. Bridges said the judgment creditors may be paid
by the end of the year.� The
non-judgment creditors must sign a release letter that will be sent after the
interest payments are recalculated.� As
the releases are returned, NCRA will send invoices to CalTrans.
Ms. Logan reported receiving $32,000 in back rents from
Georgia Pacific.� She also presented a
written report, and requested a meeting with the Property Management Committee.
J.��������
LEGAL REPORT � General Counsel Christopher J. Neary
����������� No
report.
Dir. Opalach announced the birth of his third child,
Jacquelyn Beth, on November 4, 2000.
Dir. Hemphill congratulated Dir. Opalach for
repopulating Humboldt County.
Chair Jehn thanked the three organizations that
performed presentations today, and expressed appreciation for their
support.� He also wished wellness to
Wendy Butler, reporter and Railroad supporter, who suffered an automobile
accident.� Additionally, he suggested
the Board consider the substance of the event to take place when the Railroad
is re-opened.����
Regular Board Meeting --
December 20, 2000 at 10:00 a.m.�������������������������
Healdsburg City Council
Chambers, 401 Grove Street, Healdsburg, Sonoma County, CA, USA
����������������� ����������� Government Code Section 54956.8
����������������� ����������� a.����������� Sale
of the Ukiah Depot
b.����������� Pacific Bell Fiber Optics
c.����������� Pratt Mountain � Johannesen Lease�����������
����������� ����������� Chair Jehn announced the Board received information and provided direction to Ms. ����������� ����������� Logan on all Items.
����������� 2.�� ����������� Conference with
Legal Counsel � Potential Litigation � Mr. Neary
����������������� ����������� Government Code Section 54956.9(a)
����������� ����������� TXL v. NCRA, Pending in Humboldt
County
����������������������� Chair Jehn announced the Board received information and provided direction to Mr. Neary. ����������� �����������
3.��� ����������� Conference
with Legal Counsel � Initiate Litigation � Mr. Neary
����������������� ����������� Government Code Section 54956.9(c)
����������� ����������� Determine with Reference to Improved
Project
Mr. Neary announced the Board of Directors ordered him to prepare a memorandum concerning potential litigation against the Federal Emergency Management Agency (FEMA) for breach of contract including but not necessarily limited to preparation of a draft complaint and to report back to the Board of Directors at the December meeting.