NORTH COAST RAILROAD AUTHORITY (NCRA)

BOARD OF DIRECTORS SPECIAL MEETING

 

MINUTES

 

 Wednesday, May 9, 2003   10:00 AM

 
UKIAH VALLEY CONFERENCE CENTER

200 South School Street, Ukiah, Mendocino County, CA
 

 

A.              CALL TO ORDER

Chair Sears called the meeting to order at 10:08 am.

 

B.              ROLL CALL

Roll call was conducted with the following members present: Dave Hull via conference call, Allan Hemphill, Robert Simonson, Budge Campbell, Dave Ripple, and Leo Sears. Chairman Sears presiding.

 

Directors Absent: None

 

Also present: Douglas M Christy, Executive Director; Chris Neary, General Counsel; and Dina Polkinghorne, Executive Assistant.

 

C.              AGENDA APPROVAL

Board Action: Upon motion by Director Hemphill, 2nd by Director Ripple, and carried (5-0); the agenda was approved with the addition of anticipated litigation added to Item F – Closed Session.

 

D.              PUBLIC COMMENT

 None

 

E.              COMMITTEE REPORTS

 

                     1.                        Finance Committee 

Director Hemphill reported that the Finance Committee met prior to the special meeting and they made a recommendation to the board to accept the financial report as presented and that the Executive Director defer as many items in the “Valid Long Term Debt” (column five) in the report presented to the greatest extent possible to conserve cash flow. Concurrent with this recommendation, the Finance Committee also recommended that the Executive Director present a budget to the Board of Directors showing the sources of revenue in future years that would be used to absorb those deferrals.  

 

Director Campbell emphasized that a realistic and positive approach be used to pay off these debts. 

 

                                                                                    Director Campbell left the meeting at 10:11 am

 

                                                                                    Adjourned for closed session at 10:12 am

 

F.               CLOSED SESSION

 

1.         Public Employment: Office of Executive Director

 

2.         Conference with Legal Counsel – Existing Litigation

Government Code Section 54956.9 (a)

 

3.            Cal Pacific Carbon vs NCRA: Humboldt County Superior Court Case #DR 020712

            Conference with Legal Counsel – Existing Litigation

Government Code Section 54956.9 (c)

Based on existing facts and circumstances, the board will consider whether to initiate litigation.

 

4.            Significant Exposure to Litigation

   Government Code Section 54956.9 (b)

                                                                           Reconvened at 2:08 pm

 

G.             ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION

 

The board met with Legal Counsel relating to anticipated litigation and gave direction to Counsel. The board approved settlement with Cal Pacific Carbon recognizing the Railroad’s freight easement and accommodating Cal Pacific’s improvement plans.

 

H.              MATTERS FROM BOARD MEMBERS

None

 

I.          ANNOUNCEMENT OF NEXT MEETING

 Regular Board Meeting – May 21st, 2003 10:00 am

 Eureka, City Council Chambers, 531 K St. Room 208

 Eureka, Humboldt County, CA 

 

J.         ADJOURNMENT at 2:10 pm