NORTH COAST RAILROAD AUTHORITY (NCRA)
BOARD OF DIRECTORS REGULAR MEETING MINUTES
WEDNESDAY, NOVEMBER 14, 2001
AT 10:00 A.M.
����������� The meeting was called to
order at 10:05 a.m.
B.�������
ROLL CALL
Directors present:�
Chair David Ripple, Vice Chair Allan Hemphill, Max Schlienger, Robert
Simonson, Daniel Opalach, and Leo Sears.
Director absent:�
Jake Mackenzie.
Also present:�
Executive Director Max H Bridges, Assistant Executive Director Doug
Christy, General Counsel Christopher J Neary, Property Manager Cyndee Logan,
and Administrative Assistant Pamela R Fishtrom.
��������������� Approve Minutes of October
17, 2001 Regular Board Meeting
��������������� Dir. Opalach suggested re-wording Item I.
�����
Dir. Schlienger moved to approve the Minutes with the suggested change; seconded by Dir. Hemphill.� Vote taken; motion carried.
��������������� �
Mr.
Bridges asked to have Items F.3 and F.11 removed.� Dir. Hemphill asked Item F.1 be rearranged so that action on
Resolution 2001-06 precedes the staff report.
Dir. Simonson moved to approve the Agenda with the requested changes; seconded by Dir. Opalach.� Vote taken; motion carried.
E. ������� PUBLIC COMMENTS
Daniel
Pierce advocated for a transportation system around Humboldt Bay.
Dave
Berriman, member of Northern Counties Logging Interpretive Association and
President of Humboldt Bay and Eureka Model Railroad Club, encouraged
prioritizing passenger and tourist service.
Fred
Carmichael of Eureka, encouraged beginning each meeting with a moment of silence.
�
1.
������Action on Resolution
2001-06 Establishing Policy and Staff Report on Alternate Project
Mr. Bridges introduced Resolution 2001-06 to
re-affirm NCRA policy that its fundamental goal is to re-establish freight and
passenger service over the entire NWP as soon as possible.� Improvements were suggested and a final
version created.
Dir. Hemphill moved adoption of Resolution 2001-06
as changed; seconded by Dir. Simonson.�
Vote taken; motion carried.
Mr. Bridges said the Alternate Project proposal
would need to promote re-opening at least as fast as the present Improved
Project; insure re-opening of the entire Railroad; insure future eligibility
for disaster funds; and, funds would need to be re-programmed to re-open the
North End.�
Regarding the Environmental Assessment, the Federal
Emergency Management Agency (FEMA) is waiting for NCRA to contract with
consultants to integrate compliance with the Environmental Consent Decree into
the Improved Project scope of work.
Bonnie Neely, Vice Chair of the Humboldt County
Board of Supervisors, voiced her Board�s unanimous opposition to the Alternate
Project and requested local government and civic groups be notified regarding
decisions that impact Humboldt County.
Brent Hawkins, Executive Vice President of Samoa
Pacific Cellulose, LLC, stated how his business would benefit by rail service,
and his industry seeks NCRA�s commitment to link the rail to the port rather
than signaling delay by diverting funds.
Jackie Duschel, representing two entities, Simpson
Timber Company and the Eureka Chamber of Commerce, asked the Board to
re-establish service by honoring their original agreement: pursue the Improved
Project.
Barbara Kelly, League of Women Voters, testified in
favor of restored rail service to Humboldt County by using the funds intended
for that purpose, rather than losing ten percent by diverting the funds
elsewhere.
Roy Comer, Trash Transfer Manager at the Waste
Station, ships 300 loads per day by truck and�
wants a rail option.
Robert Noble, Arcata City Council representing Mayor
Constance E Stewart and also serves Redwood Region Economic Development
Commission, said restoration of the Railroad is crucial to this area�s plans,
and strongly encouraged the Board to move forward with its original plan.
�
Nadananda, Executive Director of Friends of the Eel
River, offered assistance in providing environmental information through the
Eel River Canyon to open a dialogue between entities.
Ron Fritzsche, Third Division Commissioner and
President of the Board of the Humboldt Bay Harbor, Recreation, and Conservation
District, presented their Resolution 2001-12 supporting restoration of rail
service along the entire NWP line.�
Daniel Pierce, recommended the use of concrete ties
and more emphasis on passenger service.
Cliff Chapman, Executive Director of Fortuna Chamber
of Commerce and Mayor of Fortuna, is accessing State money to upgrade
crossings, and supports the Railroad however opposes the Alternate Project.
Pete Oringer, Northwestern Pacific Support Coalition
� a group of civic organizations committed to returning rail service to the
North Coast, summarized the concerns of the previous speakers and asked the
Board to put the Alternate Project in abeyance and not jeopardize the
re-opening project.
Hal Wagenet, candidate for the Third District
Supervisor of Mendocino County, expressed his support for the Railroad.
Marcus Brown, thanked the Board for meeting with
area residents to discuss the Alternate Project.
Kaye Strickland, Citizens for Port Development,
presented a letter reiterating much of what was said, and asked the Board to
get all necessary assurances before considering any project alternatives.��
�������
2.
Present Proposal Regarding Grant to Rebuild Historic Eureka Depot �
by Marcus Brown, President
of Northern Counties Logging Interpretive Association
Mr. Brown asked if NCRA would lease property to the
City of Eureka before they apply for a grant application to build a replica of
the Historic Eureka Depot.
Dir. Sears motioned to provide the City of Eureka a
letter worded, �It is our understanding that you wish to pursue grant funding
to construct an intermodal facility at the historic site of the Railroad
depot.� We would be pleased to entertain
a market value lease proposal to accommodate such a project;� seconded by Dir.
Hemphill.� Vote taken; motion carried.
3.
Friends of the Annie and Mary Rail-Trails Presentation by Jennifer
Rice, Projects Coordinator for Natural Resources Services Division of the
Redwood Community Action Agency
This Item was pulled from the Agenda.
4.
Caltrans Audit Summary Report
Mr. Bridges reported representatives of the Caltrans
Audit Division are unable to attend.
5.
Response to Single Year Audit for Fiscal Year Ended June 30, 2000
Mr. Bridges reported the responses have not been
completed.
6.
Proposed New NCRA Logo
Mr. Bridges presented a revised logo for NCRA.
Dir. Sears moved to adopt the logo put forward to us
last month; seconded by Dir. Hemphill.�
Vote taken; motion carried.
7.
Discuss Interim and Long-Term Accounting Functions
Mr. Bridges presented a proposal from Sonoma County
to perform NCRA�s accounting functions which is less than hiring a staff
accountant.
Dir. Hemphill moved to accept the proposal the
Executive Director developed to contract with the County of Sonoma to provide
accounting services subject to revocation if ascertained that might be
necessary; seconded by Dir. Simonson.�
Roll call vote taken; all Directors present voting, �aye;� motion
carried.
�
8.
Discuss Public Relations
Dir. Sears reported NCRA�s web site now has a side
bar with connections to news articles.�
Dir. Hemphill reported directly after each meeting an Action Summary
will be posted.
9.
Approve Fee Waiver for State Transportation Infrastructure Program
Funded Rail Projects
Dir. Schlienger motioned to adopt wording suggested
by the Property Management Committee, �To waive encroachment fees for
government agencies working to improve existing facilities for the benefit of
the North Coast Railroad Authority;� seconded by Dir. Sears.� Vote taken; motion carried.
10.
Consider Strategy Regarding Car Hire Obligation
Mr. Bridges reported car hire debt continues to
increase.� Options were discussed including
the use of $400,000 of Transit Capital Improvement funds to reduce the
debt.� Mr. Bridges was directed to
negotiate a settlement where NCRA purchases stranded cars to stop accruing
debt.
�
11.
Clarify Property Manager Contract
This Item was pulled from the Agenda.
G.���� �� LIAISON
REPORTS
1.
Northwestern Pacific Railroad Authority (NWPRA) � Mr.
Bridges
No report.
2.
Sonoma-Marin Area Rail Transit Commission (SMART) � Mr.
Bridges
Mr. Bridges will meet tomorrow as part of a committee created to select appropriate vehicles.
3.
Legislation � Mr. Bridges
No report.
4.
Web Site
No report.
5.�������� Cities � Dir. Mackenzie
Dir. Mackenzie was absent.
����������� �
6.��������
Mendocino Council of Governments (MCOG) Technical Advisory Committee �
Ms. Logan
No report.
H.������� COMMITTEE REPORTS
1.�������� Passenger � Dir. Hemphill, Dir.
Opalach, and Dir. Schlienger
Dir. Hemphill reported sales have been made difficult because of the inability to move equipment.
2. ����� Permanent
Operator � Chair Ripple, Dir. Hemphill, Dir. Sears
Mr. Bridges reported no interest by interim operators without serious subsidy, and he continues to work towards development of a Request for Proposals for a permanent operator.
3.�������� NWP
Governance � Chair Ripple, Dir. Hemphill, and Dir. Sears
Dir. Hemphill said he met with the NWPRA Governance Committee where he asserted, in response to resolutions by Sonoma and Marin Counties advocating folding NWPRA into a new agency, future discussions of governance requires representation by NCRA as partners in ownership, as operator, and as the agency responsible for repayment of the Q-Fund loan which purchased the Southern portion of the line.
I.��������� STAFF REPORTS
1. ������� Executive
Director Max H Bridges
Mr. Bridges reported he will visit the Pratt Mountain repeater site on his way home.
����������� 2.�������� Assistant
Executive Director Douglas Christy
Mr. Christy reported the re-hab work between Windsor and Willits is on budget without delay.� He will discuss with the General Contractor weed and brush control and signal issues to prepare them for shut down.� Emergency maintenance issues are being referred to the Cloverdale office and protection of assets is of top priority.���
3.�������� General
Counsel Christopher J Neary
a.�������� Revised Independent Contractor Policy
b. ����� Mass
Electric Claim
c. ����� Opinion
on use of TCRP and ISTEA Funds
Mr. Neary presented information for review by the Board.
����������� 4.�������� Property
Manager Cyndee Logan
����������������������� Nothing further.
J.�������� MATTERS FROM BOARD MEMBERS
����������� None.
K. ������ ANNOUNCEMENT OF NEXT MEETING
����������� Regular Board Meeting � December 19, 2001 10:00 am
����������� Healdsburg City Council Chambers,
401 Grove Street, Healdsburg, Sonoma County, CA, USA
L.�������� CLOSED SESSION � Convened at 1:56 p.m.��������
M.������ ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION
� Reconvened at 2:20 p.m.
1.�������� Conference with Legal Counsel Neary �
Anticipated Litigation
Government
Code � 54956.9(b)
Significant Exposure to Litigation � One Case
���������������
2. ������Conference with Legal Counsel Neary �
Existing Litigation
Government
Code � 54956.9(a)
a.�������� Rail-Ways, Inc. v. Benson, U.S
Bankruptcy Court, N.D. Cal., Adv. Proc. No. 01-1101
Lawsuit to avoid
preference with respect to a disputed fund held by NCRA in which makes no
claim.
b.
Mass Electric v. Rail-Ways, Inc., et al.,
Mendocino
County Superior Court, Case No. 85230
c.�������� NWPRA/NCRA v Lind Marine,
Sonoma
County Superior Court, Case No. 225080
Mr. Neary announced he was
given direction by the Board.
N.������� ADJOURNMENT
����������� The Meeting was adjourned at 2:22 p.m.