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
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.
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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
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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�������������������������������
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