NORTH COAST RAILROAD AUTHORITY (NCRA)

BOARD OF DIRECTORS REGULAR MEETING

Wednesday, September 13, 2006 ~ 11:00 a.m.

Healdsburg City Council Chambers

401 Grove Street

Sonoma County

 

Final Approved MINUTES

 

A.         CALL TO ORDER

 

            Chairman Hemphill called the meeting to order at 11:00 a.m.

 

B.        ROLL CALL

 

            Directors Present:  Simonson, Ollivier, Wagenet, Kelley, Chairman Hemphill

            Directors Absent:  LaVallee, Woolley

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

 

C.         AGENDA APPROVAL

 

            Items added to Closed Session: 

 

            Conference with Real Estate Negotiator

                Agency Negotiators:  Allan Hemphill; Bob Simonson; Hal Wagenet; Mitch Stogner; C.J. Neary;  Gov Code 54956.8

            CBS Outdoor Advertising RE: Billboard agreement

 

            And NCRA vs. NWPY

 

            Motion to approve agenda with additional Closed Session agenda items with the finding that items arose after posting of the agenda, made by Director Kelley, seconded by Director Wagenet, approved unanimously (5-0, LaVallee, Woolley absent).

           

D.        MATTERS FROM THE BOARD

 

            Chairman Hemphill said that he and Director Kelley met with SMART Chairman, Al Boro. He said that SMART and NCRA have opened the lines of communication and will continue to work together on reaching common goals.

 

            Director Kelley said that it is important that a sub-committee of NCRA conduct regular meetings  with a sub-committee of SMART to maintain open communication. 

 

E.         COMMITTEE REPORTS

 

            No Committee Reports

 

           

F.         CONSENT CALENDAR

 

             1.        Approval of Minutes – August 2006

             2.        Approval of Financial Statements - August 2006

             3.        Approval of Expense Reimbursement August 2006 – Executive Director 

             4.        Approval of Warrants Issued – August 2006

             5.        Approval of FY 05-06 4th Quarter CTC Report

             6.        Approval of Chair’s Recommendation to defer the CTC consideration of TCRP application 32.9 and 32.3 until the November 8-9 meeting in Amador.

             

            Motion to approve items F.1 – F. 6, made by Director Kelley, seconded by Director Ollivier, approved unanimously (5-0, LaVallee, Woolley absent).

 

G.        PUBLIC COMMENT

           

            James Hoff- Eureka, Ca - Mr. Hoff requested permission to address the Board after the CBS Outdoor item was discussed.

 

            Chairman Hemphill said he could make his comments during the discussion of the item after closed session.

 

            Don Edmisten – Mr. Edmisten said that he is very interested in progress made with the CTC.  He also requested that NCRA use funds for weed abatement along the right-of-way.

 

            Legal Counsel announced closed session items.  1.) Property Negotiations – NWP Co, 2.) added item – NCRA vs. NWPY, 3.) added item - CBS Outdoor Proposal. 

 

            The Board convened into Closed Session at 11:10

 

J.         CLOSED SESSION

 

            Director Woolley arrives at 11:15 a.m.

 

            1.             Conference with Real Estate Negotiators

                                NWP Co.

                                Agency Negotiators:  Allan Hemphill; Bob Simonson; Hal Wagenet; Mitch Stogner; C.J. Neary;  Gov Code 54956.8

                                Parties to Negotiation:  NCRA; NorthWestern Pacific Railroad Company

                                Under Negotiation: All Terms of Lease and Operating Agreement.

 

                The Board reconvened into Open Session at 12:50 p.m.

 

K.         ANNOUNCEMENT OUT OF CLOSED SESSION

 

                The Board met with its real property negotiators---no decision was made.

 

 

 

           

 

           

 

H.        CONDUCT OF BUSINESS

 

            1.         Consideration and Authorization to enter into agreement with Northwestern Pacific Railroad, Co.

                                    Recommendation:  Approve authorization to enter into agreement with Northwestern Pacific Railroad, Co.

 

            Director Kelley moved to approve resolution to enter into agreement with Northwestern Pacific Railroad Company, seconded by Director Wagenet approved unanimously (6-0, LaVallee absent).

 

            2.         Consideration of Letter to Viacom/CBS canceling all Arrangements for Billboards between Eureka and Arcata.

                                    Recommendation:  Approve cancellation letter to Viacom/CBS terminating agreements.

 

            Legal Counsel updated the Board on the history of Viacom/CBS Outdoor billboards.  He said that in 1996 NCRA Board took action to terminate the lease arrangements, which had expired, with Viacom outdoor, for the Billboards between Arcata and Eureka.  He said despite the Board’s decision to terminate the lease, Viacom continued to send annual lease payments to NCRA.  He requested the Board to consider and approve the draft letter to CBS outdoor terminating the agreements and asking for removal of billboards.

 

            James Hoff proposed an alternative to termination of the CBS Outdoor leases. He said that for two years he has been working with NCRA to remedy an issue that he is having in Fields Landing.  He said that Humboldt Bay wave action has impacted NCRA right-of-way and eroded the levee that supports the rail.  He said that he will buy-out the lease agreements with CBS Outdoor for a one time payment of $250,000 and thus, he would become the landlord of the right-of-way upon which CBS signs reside.  He said that funds NCRA receives from this transaction could be used to help with the repair of the levee.

 

            Ralph Iannuzzi – Real Estate Manager, CBS Outdoor thanked the Board for the opportunity to discuss this issue. He said that CBS Outdoor has had an opportunity to look over the agreements with NCRA and proposed an annual payment of $20,000 to retain the billboards and continue the arrangement with NCRA. 

 

            Director Kelley asked how many billboards were in question. Mr. Iannuzzi said that there are 10 signs and CBS Outdoor does not know which ones NCRA plans to remove.

 

            Chairman Hemphill said that the action before the Board is to send another letter to CBS Outdoor reaffirming the decision to have the signs removed from NCRA right-of-way.

 

            Director Woolley asked staff to confirm that the funding for the repair of the Fields Landing levee is being handled through CTC applications.

 

            Executive Director Stogner said that in October NCRA will go before the CTC to request $1.4 million for emergency repairs. He said that there are permitting issues that need to be resolved before any work can be done on the Fields Landing levee, but that the April programming of $4.9 million, by the CTC, does cover the Fields Landing project. 

 

            Dave Anderson, NCRA Project manager,  said that NCRA is in the process of obtaining permits   and the schedule to have those permits in place is June of 2007. 

 

            Director Woolley said that the Humboldt County Board of Supervisors has been dealing with the issue of billboards and the visual blight that they create along the corridor. 

 

            Director Woolley motioned to approve the draft letter to CBS Outdoor requesting removal of the billboards, seconded by Director Ollivier, approved unanimously (6-0, LaVallee absent).

 

I.          STAFF REPORTS

 

1.                  Executive Director Mitch Stogner

           

            a)  CTC Update

 

            Executive Director Stogner said that NCRA will be going before the CTC in October to    request an allocation of $1.4 million for emergency repairs.  He said that the work should         be done before the onset of winter storms to prevent further damage.  He said that NCRA will also request funding for the EIR/EIS in the Canyon and the Lombard to Windsor project Phase I when the CTC meets in Amador November 9.

 

            b)  Policies and Procedures Update

 

            Executive Director Stogner said that an Ad-Hoc Policies and Procedures Committee comprised of Director Kelley, Director Woolley and NCRA staff was formed at the August meeting.  This committee will be needed to discuss updates to the Policies and Procedures on an as-needed basis.

             

2.         Legal Counsel Chris Neary

 

            No report.

 

 

L.         ANNOUNCEMENT OF NEXT MEETING

           

            October 11, 2006

                Eureka City Council Chambers

                531 “K” Street

                Humboldt County

           

M.        ADJOURNMENT

 

Chairman Hemphill adjourned the meeting at 1:45 p.m.