NORTH COAST RAILROAD AUTHORITY (NCRA)

BOARD OF DIRECTORS REGULAR MEETING

Wednesday, February 8, 2006, 10:00 am

Ukiah City Council Chambers ~ 300 Seminary Avenue

Mendocino County

DRAFT MINUTES

 

A.         CALL TO ORDER

 

            The meeting was called to order at 10:15 am.

 

B.        ROLL CALL

 

            Directors Present:  Simonson, Kelley, Woolley, Ollivier, LaVallee, Chairman Hemphill.

                Directors Absent: Wagenet – Arrived at 11:00.

                Also Present:  Executive Director Mitch Stogner, Legal Counsel Christopher Neary and Recording   Secretary Heather Newell.

 

C.         AGENDA APPROVAL

 

            The following item was added to the agenda:

 

            Closed Session –Humboldt Baykeepers

 

                Motion to add items by Director Woolley, seconded by Director Kelley, carried unanimously (6-0).

 

D.        MATTERS FROM THE BOARD

 

                There were no matters from the Board.

 

E.         CONSENT CALENDAR

 

            1.            Approval of Financial Statements – December 2006

                2.             Approval of Minutes – January 2006

                               

                Motion to approve Consent Calendar made by Director Kelley, seconded by Director Ollivier carried unanimously (6-0).

 

F.         PUBLIC COMMENT

           

            There were no Public Comments.

 

G.        PRESENTATIONS

 

                1.             Update – McGee Canyon/Baker Creek Flooding – Dave Anderson

                2.             Update – December 14 Barge incident involving Haystack Landing Bridge – Dave Anderson

 

                Dave Anderson – On-Call Engineer, updated the Board on the progress of the clean-up of the Baker Creek flooding issue.  There was a discussion on how FEMA money may be utilized for payment of repair.

 

                Dave Anderson also updated the Board on the damage caused to the Haystack Landing Bridge by a barge incident on December 14.  Mr. Anderson explained that the Barge was freed by releasing a couple of       timbers and taking advantage of the subsequent high-tide.  He said that the structural damage to the bridge was minimal, explaining that there were fractures to a few of the timbers.  He said that a modification was recently made to the fendering system that allows for 9 more inches of clearance through the channel.

 

               

 

H.        CONDUCT OF BUSINESS

 

                1.             Approval Roots of Motive Power Request to Declare Rail at Ukiah Depot Salvage                               

                2.             Approval of Donation of Rail to Roots of Motive Power

 

                                Motion  to declare portion of rail at Ukiah Depot salvage and donate rail to Roots of Motive Power made by Director Kelley seconded by Director LaVallee, carried unanimously (6-0).

 

                3.             Report – RFP Progress

 

                                No Action

           

            4.             Consideration of MOU with City of Ukiah - Ukiah Depot Property

                               

                                Motion to approve the draft MOU made by Director Simonson seconded by Director Kelley, carried unanimously (6-0).

 

                               

I.          COMMITTEE REPORTS

 

            1          Property Committee Report – Director Simonson

                               

                                Director Simonson reported on the Property Committee meeting from February 6.  He said that the action taken was recommendation of approval of the Draft MOU with the City of Ukiah as per the earlier report under Item H.4. 

 

                                The other item was notice from Legal Counsel of receipt of a letter from the City of Willits in regard to a development at the 101 Redwood property in Willits.  Director Simonson said that the            property committee recommended that the Wye Track adjacent to the 101 Redwood remain in NCRA ownership because it is an essential component of current and future rail service on the NWP line.

               

                2.             Operator Committee Report – Chairman Hemphill                     

 

                                Chairman Hemphill said that the report out of the Operator Committee had been discussed during Item H.3

 

J.         STAFF REPORTS

 

1.                   Executive Director Mitch Stogner

               

                a)  CTC Update

               

                                Executive Director Stogner updated the Board on the upcoming March 15-16 CTC meeting in Sacramento. 

 

Director Wagenet arrives - 11:00 am.

 

2.             Legal Counsel Chris Neary

 

                No matters

 

K.         CLOSED SESSION

  

 

                1.          Conference with Legal Counsel---Existing Litigation

                             Government Code Section 54956.9 (a) (1case)

 

                                (a) NCRA vs. Jerico Products, Sonoma County Superior Court Case # SCV235961; and related case:  Jerico Products vs. SMART, US District Court Case # 05-00210;

 

                2.           Conference with Legal Counsel-Significant Exposure to Litigation:

                               

                                (a) Significant Exposure to litigation

                                Government Code Section 54956.9(c)

                                Initiation of Litigation (3 potential cases)

 

               

L.         ANNOUNCEMENT OUT OF CLOSED SESSION

 

            The board reconvened into open session at 1:00 pm.

 

                Legal Counsel Chris Neary reported that the Board met in Closed Session received information and gave direction.

 

M.        ANNOUNCEMENT OF NEXT MEETING

           

            March 8, 2006

                Healdsburg City Council Chambers

                401 Grove Street, Healdsburg

                Sonoma County

           

N.        ADJOURNMENT

 

            The meeting was adjourned at 1:05 pm.