NORTH COAST RAILROAD AUTHORITY (NCRA)
BOARD OF DIRECTORS REGULAR MEETING MINUTES
WEDNESDAY, AUGUST 15, 2001
AT 10:00 A.M.
����������� The meeting was called to
order at 10:00 a.m.
B.�������
ROLL CALL
Directors present:�
Chair David Ripple, Vice Chair Allan Hemphill, Max Schlienger, Robert
Simonson, Daniel Opalach, and Leo Sears.
����������� Directors absent:� Jake Mackenzie.
Also present:�
Executive Director Max H Bridges, General Counsel Christopher J Neary,
Accountant Wade Fulton, and Administrative Assistant Pamela Fishtrom.
Dir.
Schlienger said he was absent at the Passenger Committee Meeting.
Chair
Ripple called for a motion to approve the corrected Minutes:� Dir. Hemphill so moved; seconded by Dir.
Opalach.� Vote taken � Chair Ripple
abstained as he was absent; motion carried.
��������������� Dir. Hemphill requested adding an Item � Sale of five
Meechem cars for $350,000.�
�
Chair Ripple called for a vote to add the requested Item to the Agenda: vote taken; motion carried.
Mr.
Neary requested Item F.3 commence at 11:00 am with Item F.4 following.�
Dir. Schlienger moved to approve the Agenda; seconded by Dir. Simonson.� Vote taken; motion carried.
�
E. ������� PUBLIC COMMENTS
Robert
Jehn, former NCRA Board member, announced his reappointment to the Sonoma-Marin
Area Rail Transit Commission.
Paul
Augustine, retired Eureka resident, urged the Board to improve the rate of
construction.
Dana
Fuller suggested using the internet to respond to incorrect information posted
about the Railroad.
�
1. ������Request for Property Title Change to City of Eureka
Mr. Zoppo, Property Manager for the City of Eureka, presented maps to request 156 square feet be deeded to the City as it was previously not transferred because of a lien now removed.� Chair Ripple recommended this item be sent to the Property Committee.
2.�������� Consider Formalizing Appointments to
Northwestern Pacific Railroad Authority
Mr. Bridges reported
a submission to identify a criteria by which to select NCRA representatives
from separate counties to appoint to the Northwestern Pacific Railroad
Authority.
Dir. Opalach
motioned to retain the present system of Chair appointment with Board
concurrence of the Director deemed most qualified; seconded by Dir. Sears.� Vote taken; motion carried.
3.�������� Public Hearing on Boyle Protest of
Bidding Procedure
This Item was
scheduled to begin at 11:00 am and was tabled until that time.
����������� 4.�������� Select
Engineering/Environmental Capital Projects Consultant
This Item was to follow Item F.3 therefore it was also tabled.
5.�������� Award Bid for Rehabilitation Work
Between Windsor and Willits
Mr. Bridges recommended contracting with Stacy and
Witbeck, Inc., the lowest bidder at $888,565, subject to review by Legal
Counsel as to form, and subject to additional funds secured by Caltrans.� Or, if additional funds are unavailable,
negotiate the contract capped at available funding.
Dir. Hemphill
called for approval of the low bid under the circumstances described by staff;
seconded by Dir. Schlienger.� Vote
taken; motion carried.
6.
Sale of Five Meechem Cars for $350,000
Dir. Hemphill motioned the Passenger Committee offer
for sale, advertise, and negotiate the price of the five Meechem cars for
$350,000, or individually at various prices the total of which equals no less
than $350,000, subject to the final Disposition of Public Assets Policy
determination, and with final approval of the sale(s) subject to Board action;
seconded by
Dir.
Simonson.� Vote taken; motion carried.
G. ������ �LIAISON REPORTS
1.
Northwestern Pacific Railroad Authority (NWPRA) � Mr.
Bridges
Dir. Hemphill reported the August meeting of the NWPRA is canceled and their staff has been directed to provide a report on governance issues for the September meeting.
11 am � F.3������ Public
Hearing on Boyle Protest
�����������������������
Dir. Hemphill
moved to deny the request for a continuance; seconded by Dir. Simonson.� Vote taken; motion carried.
������
The hearing proceeded.
Dir. Hemphill
motioned to reject the claim; seconded by Dir. Schlienger.� Roll call vote taken � all ayes: motion
carried.
F.4.����� Select Engineering/Environmental Capital
Projects Consultant
����������� Mr. Bridges reported the Selection Committee recommends hiring Willdan/HNTB.� In addition, he requested the Board authorize staff to proceed with the procurement of appropriate contract subject to Caltrans� pre-award audit and concurrence by Legal Counsel.
��������������� Dir. Simonson moved to accept staff�s
recommendation; seconded by Dir. Schlienger.�
Roll call vote taken � all ayes: motion carried.
G.������� 2. ������� Sonoma-Marin
Area Rail Transit Commission (SMART) � Mr. Bridges
Mr. Bridges presented the SMART Agenda and declined comment as SMART Director Robert Jehn spoke earlier.
3.�������� Legislation � Mr. Bridges����
No
report.���������
4. ������Web Site
Mr. Bridges reported more frequently asked questions will be posted to NCRA�s web site.
5.�������� Cities � Dir. Mackenzie
No report.
�
6.�� ����� Passenger
� Dir. Hemphill, Dir. Opalach, and Dir. Schlienger
Dir. Hemphill reported the Passenger Committee will
meet to discuss a proposal from California Redwood Coast Company regarding the
Daylight passenger cars, and in response to additional vandalism of the
Daylight passenger cars, he received concurrence he could store them at All
Coast Timber Products in Cloverdale for a nominal fee.� Dir. Opalach requested Mr. Bridges contract
with Stone Consulting and set a meeting of the Passenger Committee before the
September Board Meeting.
7.��������
Mendocino Council of Governments (MCOG) Technical Advisory Committee �
Ms. Logan
Mr. Bridges reported Ms. Logan is currently at the MCOG
meeting to ask the Committee to commit to support additional rail/highway
crossing upgrades.� Also, from her
report she requested NCRA consider joining Humboldt County�s Technical Advisory
Committee.
8.
������Contractor � Northwestern
Pacific Railway Co. LLC (NWPY)
John Darling, NWPY Chief Executive Officer/ Chief
Financial Officer, presented a written report and outlined:
� A track inspection by the Federal Railroad Administration and the California Public Utilities Commission from Lombard to Petaluma on July 30 � August 1 found several minor defects which have been repaired,
� A signal inspection began August 14 and is expected to be complete by August 20,
� Failure to implement track inspection procedures and track foreman training during the
first
90 days of operation may result in several Code 1 violations,
� Because there are presently no major track or signal defects, he foresees re-opening the tracks to Windsor by September 1, and
� Service was interrupted for 2 weeks due to a fire on Novato Creek Bridge at mile post 26.93.� Although repaired, only 34 revenue cars were shipped � half the expected volume.
H.������� STAFF REPORTS
1.
Executive Director Max H Bridges
No report.
����������� 2.�������� Assistant
Executive Director Douglas Christy
����������� Not in attendance due to flight over Eel River Canyon to assess damage.
3.�������� General
Counsel Christopher J Neary
����������� No report.
����������� 4.�������� Property
Manager Cyndee Logan
����������������������� Mr. Bridges arranged a Property Committee Meeting for September 7 at 10:00 am.
5. ������Accountant Wade Fulton
Mr. Fulton reported:
� receiving $5.5 million to fund the investment account that will re-pay the Q-Fund
� the first installment was made to creditors who chose to receive their interest over 11 years from property revenues
� the single year audit report for the year ended June 30, 2000 will be issued in August
� the final adjustments for the year ended June 30, 2001 will be issued in the next couple weeks, and
� he will include a list of current liabilities in future financial reports.
I.��������� MATTERS FROM BOARD MEMBERS
����������� Dir. Opalach responded to Dir. Sears� opening remarks regarding the future role of the timber industry.
J. ������� ANNOUNCEMENT OF NEXT MEETING
����������� Regular Board Meeting � September 19, 2001 10:00 am
����������� Healdsburg City Council Chambers, 401 Grove Street, Healdsburg, Sonoma County, CA
K.������� CLOSED SESSION � Convened at 12:51 pm
L.�������� ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION � Reconvened
at 12:08 pm
1.�������� Conference
with Real Property Negotiator � Ms. Logan
����������� Government
Code � 54946.8
����������� Fiber
Optics � Pacific Bell
��������������� Ms. Logan was unavailable.
2.�������� Conference
with Legal Counsel Neary � Anticipated Litigation
a. Government
Code � 54956.9(b)
Significant Exposure
to Litigation � Two Potential Cases
b. Government
Code � 54956.9(c)
Initiation of
Litigation � One Case
The Board approved the rejection of a claim by NWPY for $422,255, and authorized the issuance of a notice of rejection.
3.�������� Conference
with Legal Counsel Neary � Existing Litigation
Government Code �
54956.9
��������������� Rail-Ways,
Inc. v. North Coast Railroad Authority
����������� Adversary
Proceeding 01-1101
The Board authorized Counsel to respond to Rail-Ways, Inc. v. Benson in adversarial proceeding 01-1101 now pending with the U.S. Bankruptcy Court raising the affirmative defense of sovereign immunity.
M.������ ADJOURNMENT
����������� The Meeting was adjourned at 2:09 pm.