BOARD
OF DIRECTORS REGULAR MEETING
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A.
CALL TO ORDER
Chair Sears called the meeting to order at
B.
ROLL CALL
Roll call was conducted with the following members present: Dave Hull,
Allan Hemphill, Robert Simonson, Budge Campbell, and Leo Sears. Chairman Sears presiding.
Directors Absent: Dave Ripple
Also present: Douglas M Christy, Executive Director; Chris Neary, General
Counsel; and Dina Polkinghorne, Executive Assistant.
C.
CONSENT CALENDAR
Board Action:
Upon motion by Director Campbell, 2nd by Director Simonson, and
carried (6-0); the Consent Calendar items 2, and 5 are
approved, with items 1, 3 and 4 removed for separate consideration.
D.
AGENDA APPROVAL
Board Action: The following changes to the agenda as proposed were approved with no
objections:
The approval of the Finance Committee minutes dated
The approval of the Property Committee minutes dated
�James
Quinn
Mr. Quinn
inquired about the NCRA financial condition and Willdan and other hired
consultants � Are they still under contract and what task are they performing.
How much longer can the NCRA afford to pay these consultants? Mr. Quinn also
inquired whether Congressman Thompson has committed himself to bringing home
rail repair funding to his district?� Suggested that the board
should make every effort to keep Congressman Thompson involved in the repair of
the rail.
John Greene
Stated that he
is a shareholder in the California Western Railroad. He supports
whatever tough decisions have to be made to open up the rail for freight.
Katie Gibbs
Ms Gibbs
represents Skip Gibbs, Inc of
Chris Burkhart
Mr. Burkhart
represents the Mendocino County Railway Society. He expressed frustration with
the 18 cars for sale, currently located at the Willits yard � he feels the NCRA
should keep and restore the cars. Also frustrated that the
shop in
Director Hemphill stated that the decision to sell the
cars was made over a year ago by the board as a matter of policy and public
record. He also pointed out that the buildings in
Director Sears stated that these buildings were
derelict and a haven for vagrants with no utility whatsoever.
F.
CONDUCT
OF BUSINESS
1.
Update on NCRA Website - Bob Jehn
Mr. Jehn, who is under
contract with the NCRA to maintain its website, went over a prepared report
which was provided to the board. He went over various
statistical information contained in the report. Mr. Christy stated that
he felt the website was an effective tool. Mr. Jehn asked the board if they had
any suggestions for the website. Director Hemphill suggested that financial
summaries and audit information be added to the website. Mr. Christy
agreed.�
2.
Acceptance of Single Year Audit 2001/2002�
Stacy Edgmon & Phil Aycock
Mr. Christy informed
the board that the Finance Committee already had the opportunity to preview the
audit. Stacy Edgmon presented the draft single year
audit 2001/2002. Each page, and financial entries were
reviewed and explained. She thanked the NCRA staff and the staff of the Sonoma
County Auditors office.
Director Hemphill
congratulated staff for a clean audit.
Board Action:
Upon motion by Director Hemphill, 2nd by Director Campbell, and
carried (6-0); the Single Year Audit 2001/2002 was accepted.
3.
Update on NCRA Available Funding � Doug
Christy
Mr. Christy went over a
handout provided to each board member, which stated the disposition of all
available funding sources.
LOCAL
STATE
TCRP; $41,204,000 for
assessment studies, environmental clean-up, environmental studies, preliminary
engineering, ROW, and construction projects. The status is indefinitely
suspended awaiting legislative action.
AB
2908; $661,027 for rehabilitation and rolling stock acquisition.
This funding is at risk and seeking legislative action.
Proposition
116; $72,000 for ROW acquisition, grade crossings and safety upgrades.
This is a bonded program not currently in jeopardy.�
Proposition
116; $166,000 for ROW acquisition, grade crossings and safety upgrades.
The NCRA�s repayment of audit exception will replenish fund.
FEDERAL
ISTEA;
$8,937,500 for transportation enhancements.
FHWA controlled � awaiting NCRA rescoped project.
TEA-21;
$229,992 for rail infrastructure improvements supporting the
FEMA/OES; $8,300,000
originally obtained for use north of Willits, but that is no longer valid with
the suspension of the TCR funds. This funding is at risk to be deobligated.
Mr. Christy further
reported that a meeting has been scheduled for
Director Hemphill asked
whether there has been any broadening on what the actual money can be used on.
Mr. Christy explained that the rules have been significantly relaxed due to
their extreme sense of urgency to close this project out, and that the funding
could be used for such things as purchasing equipment and materials. Director
Hemphill inquired how quickly the funds could be accessed. Mr. Christy pointed
out that after the board passes a resolution the process could go very quickly,
within a couple of months.
Board Action:
Upon motion by Director Campbell, 2nd by Director Simonson, and
carried (6-0); staff directed to create a resolution regarding the reopening of
the south end of the rail.
�
4.
Discussion
on Seeking Outside Professional Funding Support
Mr. Christy explained that the reauthorization of T3 funds is at a
critical point, and that it was his opinion that professional services are
needed to work with legislators. He also stated that under NCRA policy the
Executive Director may use his or her discretion to solicit legal services when
they are needed. Council Neary confirmed this policy and reiterated the urgency
involved in this issue.
Board Action: Upon motion by Director Hull, 2nd by Director Hemphill, and
carried (6-0); the board authorizes Executive Director Christy to seek outside
professional services for funding support, according to NCRA Independent
Contractor Policy, utilizing approximately $25,000 available from remaining
Task Order 5 monies, $20,000 from the property fund, all of which shall not
exceed $45,000.
Adjourn for a break:
Resume:
G.
COMMITTEE REPORTS
1.����� Finance Committee
Committee
Action: Upon motion by Director Campbell, 2nd� �by Director Hemphill, and carried (3-0); the
Finance Committee minutes dated
Chair
Sears appointed Allan Hemphill Chairman of the Finance Committee.
Board
Action: Directed staff to remove the Financial Summary
from the Consent Calendar and agendize it for all future meetings.
2.
Property Committee
Committee
Action: Upon motion by Chair Simonson, 2nd
by Director Sears, and carried
(3-0);
the Property Committee minutes dated
3.
Passenger Committee
Director
Hemphill reported that he has been reviewing the remaining transactions and
that he and Mr. Christy are working on collecting all outstanding revenue.
Board
Action: Directed staff to arrange for the cleaning and
securing of the remaining passenger cars in Willits.
4.
NWPRA Ad Hoc Committee
Chair
Sears reported that the committee met on
Director
Campbell addressed his concerns regarding the NCRA�s position in the NWPRA, in
particular, the NCRA�s seemingly unequal position within the NWPRA. He stated
his concern that the NCRA become very possessive of the corridor between
Healdsburg and Willits.�
H.
STAFF REPORTS
1.� ���������� Executive
Director� - Doug
Christy
Mr.
Christy reported that the Chesbro Resolution passed in committee and is moving
forward in a timely fashion. It was his opinion that the resolution could be
before the Governor by the end of May.
2.
General Council � Chris Neary
Nothing to report.�
Adjourn
for closed session:
1.������������ Conference with Legal Counsel �
Existing Litigation
Government
Code Section 54956.9 (a)
Mass
Electric vs.. Rail-Ways et al, Mendocino Superior
Court Case # 85230
2.
�����Conference with Legal Counsel �
Anticipated Litigation
� Significant Exposure to Litigation
� Government Code Section 54956.9 (b)
��������������������������������������������������������������������������������������������� Reconvened
at
J.
ANNOUNCEMENT
OF ACTION TAKEN IN CLOSED SESSION
1.������������ The board gave direction to counsel
regarding existing litigation.
2.
������� Due
to the substantial progress of the Restructuring Program, the board unanimously
voted
that the Standstill Agreement between the NCRA and NWPY be extended to
None
�
�
M.
�������� ADJOURNMENT at
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