NORTH COAST RAILROAD AUTHORITY (NCRA)

BOARD OF DIRECTORS REGULAR MEETING

 

 Wednesday, June 16, 2004   10:00 AM

Healdsburg City Council Chambers

401 Grove St., Healdsburg, Sonoma County

 
  Minutes

 

A.                 CALL TO ORDER

 

Chair Woolley called the meeting to order at 10:12 am

 

B.                 ROLL CALL

Directors present: Ellinger, Ollivier, Simonson, Ripple, Hemphill and Chair Woolley

Directors Absent: Burton

 

Also present: Executive Director Mitch Stogner, Legal Counsel Chris Neary, and Recording Secretary Dina Polkinghorne.

 

C.                 AGENDA APPROVAL

 

ACTION: Upon motion by Director Hemphill, 2nd by Director Ripple, and carried (6-0), the agenda was approved as presented.

 

 

D.                CONSENT CALENDAR

1.              Approval of Minutes – 5/19/2004 Regular Board Meeting (removed for discussion)

2.              Acceptance of Financial Reports – May 2004

3.        Approval of Draft Preliminary 2004-2005 Agency Budget

 

D.1 Director Ellinger stated that the dates he announced that he would be on vacation were not included in the May Minutes- the dates should be listed as June 21st through July 4th, 2004.

 

ACTION: Upon motion by Director Ripple, 2nd by Director Simonson, and carried (6-0), the Consent Calendar Items D.2 and D.3 were approved.

 

ACTION: Upon motion by Director Ripple, 2nd by Director Simonson, and carried (6-0), the Consent Calendar Item D.1 was approved with corrections.

           

E.         PUBLIC COMMENT

Mike Pechner:  Mr Pechner advised the board of track damage at Farley in Dos Rios. He handed out pictures. He also advised the board that George Disanko, who was the last NWP Foreman, witnessed marijuana growing near Dos Rios.

 

Mr. Pechner handed out pictures taken by Tom Slivka of several volunteers who cleared weeds on the right-of-way in April. They went from Schellville, North. He stated that most of the crossings are clean now but advises that they won’t stay that way for long.

 

John McGowan: Mr. McGowan advised the board of the depreciation of the right-of-way. He also reported that he was involved in the recent homeless clean-up in Ukiah.

 

Roger Graeber: Urged the board to reexamine the bridge option for the Petaluma Track Relocation.

Maynard Koontz: Inquired about the future of the right-of-way, both North and South. Mr. Stogner provided a brief update for Mr. Koontz in regards to the FEMA Alternate Project.

 

 

F.         PRESENTATION

 

1.             City of Healdsburg – Foss Creek Pathway Project – Andy Gustafson, Project Mgr; City of Healdsburg  

 

Mr. Gustafson updated the board on a proposed bike path project located in Healdsburg from Front St to Grove St. The City is asking for an easement in perpetuity to accommodate the path.

 

 Director Hemphill stated that he thought the project had merit but urged the board to consider future fiber optic easements, liability issues in any agreement, and commuter service and double tracking the line in the future versus an agreement in perpetuity for the path

 

Mr Gustafson also reported that SMART had been consulted and that the City of Healdsburg has adopted some of the design criteria from southern cities on the SMART line. He also stated that the City would abandon its bike path if double tracking of the line were to occur.

 

ACTION: Upon motion by Director Hemphill, 2nd by Director Ripple, and carried (6-0), the Board directed staff to enter into negotiations with the City of Healdsburg.

 

 

G.        STAFF REPORTS

 

            1.             Mitch Stogner – Executive Director

 

A             Update on the FEMA Alternate Project.         

 

Mr. Stogner provided a brief update on the progress of the FEMA Alternate Project. He reported that the development of the list of equipment and materials is being finalized. Once complete, he will forward the list to OES this week.

 

                B             Update on the Waste and Debris Clean-Up Project

 

Mr. Stogner reminded the board that the contract was awarded at last month’s board meeting to PSC.   A Preconstruction meeting will be held on June 23rd, then the clean-up will begin.

 

C             Upcoming CTC Presentation

               

Mr. Stogner reported that the NCRA is scheduled to go before the CTC in August. CTC staff has asked the NCRA to provide an update on the Waste and Debris Clean-Up Project and a Strategic Plan for the South End. They have also asked for a proposal on how the NCRA suggests spending the Q-Fund monies if the loan is forgiven. Director Ripple will be attending the meeting with Mr. Stogner.

 

D             Update on T-21 Reauthorization      

 

                                Mr. Stogner reported that the T-21 Reauthorization Bill includes language that forgive the Q-Fund

                                Loan and make the NCRA the lead agency for the ISTEA funds. The Conference Committee  

                                will be meeting in June and he is hopeful that everything will be moving forward soon.

 

Chair Woolley thanked Director Ripple for attending the upcoming CTC meeting in August.  Director

Hemphill commended Mr. Bosco for assistance with federal funding.

 

                2.             Legal Counsel Chris Neary

  

Mr. Neary reported that he and Mr. Stogner would soon be meeting with the Consent Decree parties to prepare for the CTC meeting in August. They will be discussing the backfill of funds for the Environmental Remediation Project. He requested that if any Directors have comments on this topic to forward them to him this week.

 

Director Hemphill stated his concern over the track removal in Farley reported earlier by Mr. Pechner. Mr. Neary will prepare a letter to the property owners.

 

Chair Woolley reported that he met with Kaye Strickland and Dan Hauser yesterday, June 15th, regarding a potential short line in Humboldt County. They will be putting together a list of names for additional support and will be making a recommendation to the full board in August.                                                               

 

H.        COMMITTEE REPORTS

No Reports

The Board convened into Closed Session at 10:55 am

 

I.          CLOSED SESSION

 

1.             Conference with Real Property Negotiator pursuant to Government Code Section 54956.8

Property Location: Northern Sonoma County

Negotiating Parties: Tyris Corp and NCRA

Under negotiation: Terms and Conditions of the Lease 

 

Director Ripple recused himself due to a conflict of interest.

 

2.             Conference with Legal Counsel  - Anticipated Litigation pursuant to Government Code Section 54956.9 (two cases).

 

3.                 Conference with Legal Counsel  - Existing Litigation pursuant to Government Code 54956.9

   (one case – Mass Electric vs NCRA)

 

                                                            The Board reconvened to Open Session at 1:50 pm

 

J.         ANNOUNCEMENT OUT OF CLOSED SESSION

                 

1.             Conference with Real Property Negotiator pursuant to Government Code Section 54956.8

Property Location: Northern Sonoma County

Negotiating Parties: Tyris Corp and NCRA

Under negotiation: Terms and Conditions of the Lease 

 

                ACTION: The board gave direction to staff.

 

2.              Conference with Legal Counsel  - Anticipated Litigation pursuant to Government Code Section     

             54956.9 (two cases).

 

ACTION:          Case #1 – The Board gave direction to legal counsel

                                                                Case #2 – The Board unanimously voted to extend the Standstill Agreement

                                                                                   with North Western Pacific Railways (NWPY) until September 30, 2004.

 

3.             Conference with Legal Counsel  - Existing Litigation pursuant to Government Code 54956.9

(One case – Mass Electric vs NCRA)

 

                ACTION: The board gave direction to legal counsel.

K.        MATTERS FROM THE BOARD

none

     

L.         ANNOUNCEMENT OF NEXT MEETING

            July 21, 2004

                Willits City Council Chambers

                111 East Commercial St. Willits, Mendocino County

                       

M.       ADJOURNMENT

            The meeting was adjourned at 1:55