BOARD OF DIRECTORS REGULAR MEETING
531 �K� Street, Room 208
Approved Minutes
A.�������� CALL
TO ORDER
����������� Chairman Hemphill called the meeting to order at
B.�������
����������� Directors Present:�
Simonson, LaVallee, Woolley, Kelley, Ollivier, Chairman Hemphill
����������� Directors Absent:��
None
����������� Also Present: Executive Director Mitch Stogner, Recording
Secretary Heather Newell
C.�������� AGENDA
APPROVAL
Motion
to approve Agenda made by Director Ollivier, seconded by Director Kelley after
removal of Item F.5, and carried unanimously (6-0).
D.������� MATTERS
FROM THE BOARD
����������� Chairman Hemphill announced that Director Wagenet had
officially resigned his position on the ��� Board.� He thanked Director Wagenet for his service,
dedication and commitment to the ������� restoration
of rail service from the national rail interchange to the
E.�������� COMMITTEE
REPORTS
����������� 1.�������� Ad-Hoc Policies
and Procedures Committee
����������� Director Kelley updated the Board on the Ad-Hoc Policies
and Procedures Committee meeting.�
He
said that future meetings of the Policies and Procedures Committee will focus
on the Bylaws with an eye toward considering updates where needed.� Director Kelley said that the Ad Hoc
Committee would develop a process to update property fees on an annual basis by
resolution of the Board.
Director
Simonson suggested the formation of an Executive Committee as one possible
change that could be reflected in the updated Bylaws.
�����������
F.�������� CONSENT
CALENDAR
����������� �1.������� Approval of Minutes � September 2006
����������� �2.������� Approval
of Financial Statements - September 2006
����������� �3.������� Approval
of Expense Reimbursement September 2006 � Executive Director��������
����������� �4.������� Approval
of Warrants Issued � September 2006
����������� �5.������� Approval
of NCRA Agency Budget for FY 06-07 (Removed from Agenda)
����������� �6.������� Consideration
of Approval of Memorandum of Understanding (MOU) between NCRA���� and Northwestern Pacific Railroad Company
(NWP Co.).
����������� Director Woolley requested that Item H.6 be moved for
discussion.
����������� Director Woolley said that the MOU between NWP Co and
NCRA shows the commitment on behalf of the Operator to work collaboratively
with NCRA to restore freight service on the
����������� Director Kelley agreed with Director Woolley and said
that he thinks that the partnership between NCRA and NWP Co. will be a win-win
partnership.
����������� Motion to approve Item H.6 made by Director Kelley, seconded
by Director Simonson and carried unanimously, (6-0).
����������� Chairman Hemphill invited John Williams (NWP Co.) to step
forward and sign the MOU.
����������� Motion to approve the Consent Calendar Items F.1 � F.4, by
Director Ollivier, seconded by Director Woolley, and carried unanimously (6-0).
G.������� PUBLIC
COMMENT
����������� Marcus Brown � Timber Heritage Association � Mr. Brown
said that the property where all of the historical railroad equipment has been
stored has been sold.� He said that
Timber Heritage Association has received a 60 day notice to move the
equipment.� He said he is concerned that
if the equipment does not get relocated it may be scrapped.� He requested that the Board contact him if
they know of any one who can help move the equipment.
����������� Mel
����������� Chairman Hemphill said that this is a topic of discussion
during Closed Session and thanked Mr. ���
�����������
����������� Mr. Bittner also said that he recently attended an
infrastructure conference that specifically addressed Prop 1B.� He said that it is important for NCRA to work
in concert with the Harbor District in pursuit of Proposition 1B funding for
the NWP line.� He said there is a
specific category of funding for Ports and Goods Movement.� He said that December 1 is when the
����������� He said that the Organizers of the forum,
����������� Mr. Bittner also took the opportunity to explain his
interest in pursuing state and federal grant opportunities that could benefit
the NCRA.
����������� Chairman Hemphill made it clear that NCRA supports his
efforts.
����������� Director Woolley thanked Mr. Bittner.� He said that NCRA has very limited staff
facing � numerous deadlines as the NCRA
embarks upon the process of repairing the railroad and for that reason,
appreciates Moss� willingness to act as de-facto staff on these funding issues..� He asked ����������� if an Executive Committee could be
formed to work with Moss on these grant issues.�
He asked �������� Chairman Hemphill
to nominate an Ad hoc committee.
����������� Chairman Hemphill asked Director Woolley and Director
LaVallee to work with Moss and act as an Ad hoc committee for the purposes of
pursuing funding opportunities.
H.������� PRESENTATIONS
����������� 1.��������
����������� Maggy Herbelin presented the Board with a list of
questions dated
�����������
����������� Maggy Herbelin said that the Humboldt Bay Stewards was formed 3 years ago to monitor the health
of the
����������� Chairman Hemphill thanked Ms. Herbelin and said that NCRA
shares her interest regarding the potential environmental impacts of rail
development.
����������� Director Woolley said that he has reviewed the questions
and said that he thinks that they are good focused questions. He asked when the
forum would take place.
����������� Ms Herbelin said that they understand the need to have
this done correctly and careful manner. ��� She
said that the forum will be held after the first of the year.
����������� Director Woolley said that he hopes the Stewards are
supportive of what NCRA is trying toaccomplish.� He said that as we create partnerships to
carry out the legislatively mandated duties, including safety repairs and
environmental concerns, it is important that we all work ���� together.�
����������� Ms. Herbelin said that the Stewards support the return of
I.��������� CONDUCT
OF BUSINESS
����������� 1.�������� Consideration
of Recommendation from NCRA Policies and Procedures Committee
����������������������������������� Recommendation:�����������������������������������������������������������������������������������������������������������������
����������������������������������� a.
Approve Policy Change Regarding Executive Director Timecards ������������������ b. Approve Policy Change
Regarding Buyback of Vacation Hours
����������������������������������� c.
Approve Policy Change Regarding Increase
of Fee Schedule for �������������������� ��Encroachment Permits and Property Leases.
����������������������� �����������
�d. Approve Request to Utilize
������������������������������������� ��e. Approve Issuance of RFP for
Supplemental Accounting Services.
�����������������������
����������� Motion to approve Items I.1, a. � e. made Director
Kelley, seconded by Ollivier, and carried unanimously (6-0).
����������� 2.�������� Consideration of Conditional Award of
Contract � Emergency Repairs under ������ TCRP
� Project 32.4
����������������������������������� Recommendation � Approve Conditional Award of Contract
�����������
����������� Mr. Stogner said that on October 12, NCRA will go before
the
����������� Dave Anderson said SMART and NWP Co. have reviewed the
construction plans for repairs.� He said
that NCRA had a mandatory pre bid meeting and held a bid opening on October
10.� He reported that NCRA received one
bid from Ghillotti Bros. Construction.� He said that when � one bid is received, it is important to do a comprehensive analysis
of the bid documents, �and
that he was working with NCRA�s on-call engineer to ensure proper procedures
were followed.
�����������
����������� Mr. Stogner said that he would like to Board approve the
contract conditional on the
����������� Director Woolley said that the Policies and Procedures
Manual dictates how contracts should be � awarded.� He asked that the Board take some additional
time to discuss the RFP Process.� He said
that he wanted to be assured that Staff followed the Policies and Procedures
Manual.
����������� Dave Anderson said that the RFP stated that NCRA could
withdraw specific options from the proposals.
����������� Director Woolley asked staff to
present specific language for the Board�s consideration.
�����������
�����������
����������� Chairman Hemphill directed staff to present language for
a specific action by the Board which Dave Anderson presented as follows.
�����������
����������� Motion to approve a contract with Ghilotti brothers to
perform urgent repairs per contract document, not to exceed $1.2 million,
contingent on HNTB�s recommendation and
J.�������� STAFF REPORTS
��������������� 1.������������ Operator�s Report -
�������������������������������
����������� 2.�������� Engineer�s
Report � Dave Anderson - NCRA Project Manager
����������������������� Dave Anderson updated the Board on various property
issues including
����������������������� The Board directed Staff to present all
issues to the Property Committee and to make recommendations to the Board for
final action at the November 2006 meeting.
����������������������� Dave Anderson said that the Geotechnical
report from Shannon Wilson, in regards to the Fields Landing levee repair, is
complete.� He said that there is 300 feet
of riprap that needs to be replaced.� He
also said that the next step is to submit the study to the Coastal Commission
and other permitting agencies and then ask the
�����������
3.�������� Executive
Director � Mitch Stogner
����������� a.
�����������
����������� Mr. Stogner thanked Jan Bulinski,
Cheryl Willis, and Leishara Ward for the assistance they have provided in
preparing NCRA for October/Nov requests before the
4.�������� Legal
Counsel - Chris Neary
����������� No report � absent
Chairman
Hemphill adjourned the meeting to closed session at
K.�������� CLOSED
SESSION
�����������
��������������� 1. ����������� Conference
with Legal Counsel � Anticipated Litigation
��������������� �������������� Significant exposure to
litigation pursuant to Government Code Section 54956.9 (b)
������������������������������� One (1) case regarding status of property interest held by NCRA.
L. ������� ANNOUNCEMENT
OUT OF CLOSED SESSION
����������� Chairman Hemphill reported that the Board met,
received information and no actions were taken.
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M.��
���� ANNOUNCEMENT OF
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N.���
��� ADJOURNMENT
�����������������������������������������������
����������� Chairman
Hemphill adjourned the meeting at