NORTH COAST RAILROAD AUTHORITY (NCRA)

PROPERTY COMMITTEE MEETING

 

Ukiah Valley Conference Center – Riesling Room

Immediately Following the Finance Committee Meeting

March 30, 2007

 

Approved Minutes

 

A.            CALL TO ORDER

 

                Director Kelley called the Property Committee meeting to order at 4:00 p.m.

 

B.            ROLL CALL

 

                Committee members present:  Kelley, Simonson, Colfax, Ziedrich

                Committee members absent:  None

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

 

C.            MATTERS FROM COMMITTEE MEMBERS

 

                No Matters

 

D.            AGENDA APPROVAL

 

                Upon Motion by Director Colfax, seconded by Director Simonson, and carried unanimously, the agenda stood as presented.

 

E.             PUBLIC COMMENTS

           

            No public comments

 

F.             CONDUCT OF BUSINESS

 

                1.             Discussion and Possible Action Regarding NCRA Long-Term Lease Policy

 

                                Angel Lucero – American Rail Consultants updated the Board on the current NCRA           Policy relating to Long-Term Lease Agreements.  She has suggested a change in the policy and provided a copy of the proposed updated policy for their review.

 

                                Upon Motion by Director Kelley, seconded by Director Colfax, and carried unanimously the Committee approved the new Long-Term Lease Policy and directed staff to present the updated property policy to the full Board at a future Regular Board Meeting.

 

 

2.             Discussion and Possible Action Regarding Trione Winery Long Term Lease

 

                                Staff Recommendation:  Direct Staff to Enter into Negotiations with Trione Winery

 

Dave Anderson – Project Manager presented the Property Committee with Trione Winery preliminary plans.  He said that the property is located at 4105 River Road in Geyserville.  He said that Trione Winery is requesting a permanent easement onto railroad property consisting of a strip of land 10’ by 300’ along the west boundary of the railroad right-of-way.  He said this would decrease the useable right-of-way from 80 ft. to 70 ft.  Mr. Anderson said that Trione is also requesting a utility easement for a water pipeline and a septic sewer line.

 

                                The Committee was asked if the property was needed for future operations and what the market value of the property was.  Mr. Anderson said that he did not think that this proposal would impact rail service.  He said he was satisfied that Trione Winery would address the various engineering concerns.  He also said that John Williams of NWP Co. should be made aware of Trione Winery’s plans and said he would schedule a site visit with Mr. Williams.

 

                                Director Colfax said that he is concerned that this may set a precedent.  He asked if other citizens with property bordering the railroad would be able to request a strip of railroad land for bike paths or other uses.  Mr. Anderson said that the particular property at the Trione Winery location is unusual because it is a little wider than the normal right-of-way and therefore will not have an impact on rail service.

 

                                Director Kelley motioned to direct staff to enter into discussion with Trione Winery, and research the value of the request to establish reasonable compensation keeping in mind that all staff time related to the project needs to be reimbursed by Trione Winery. Motion seconded by Director Simonson, and carried unanimously.

 

 

                3.             Discussion and Possible Action Regarding Property Lease Delinquencies and Illegal Encroachments

 

                Angel Lucero – American Rail Consultants explained to the Committee that NCRA needs to update the NCRA policy in regards to delinquent lease holders. 

 

                                Director Kelley asked what NCRA was currently doing to enforce the fees associated with delinquent leases.   Heather Newell said that she sends invoices out to lease holders, follows up with statements showing days past due and in extreme cases writes letters demanding payment.  She also said that some past delinquent lease holders have made          recent arrangements to pay monthly.

 

                                Director Simonson asked if Baker Beverage was still subleasing the property at the Ukiah Depot.  Legal Counsel said that he is subleasing the property and we have entered into a month-to-month tenancy with both Baker Beverage and Jack Cox.  Legal Counsel said that he will prepare a couple options for Board consideration in regards to those properties. 

 

                                Director Kelley said that the delinquencies are a serious problem and NCRA needs a policy in regards to late fees and penalties and subsequent legal action if the tenants refuse to pay. 

 

                                The Property Committee directed staff to prepare a policy that addresses the steps that will be taken if lease holders do not pay lease fees, including the assessment of finance charges, late fees, penalties and legal action, if necessary.

 

                               

 

               

G.            STAFF REPORTS

 

                1.             Project Manager - Dave Anderson 

 

                                Mr. Anderson said that he covered his report with the discussion of Agenda Item F.2.

 

H.         CLOSED SESSION             

 

                                No Closed Session

                       

I.              ADJOURNMENT

 

                Director Kelley adjourned the meeting at 4:45 p.m.

 

               

AMERICAN WITH DISABILITIES ACT (ADA) REQUESTS

To request disability-related modifications or accommodations for accessible locations or meeting materials in alternative formats (as allowed under Section 12132 of the ADA) please contact the NCRA office at 707 463-3280, at least 72 hours before the meeting.

 

ADDITIONS TO AGENDA

The Brown Act, Section 54954.2, states that the Board may take action on off-agenda items when: a) a majority vote determines that an “emergency situation” exists as defined in Section 54956.5, or b) a two-thirds vote of the body, or a unanimous vote of those present, determines that there is a need to take immediate action and the need for action arose after the agenda was legally posted, or c) the item was continued from a prior, legally posted meeting not more than five calendar days before this meeting.

CLOSED SESSION

If agendized, NCRA may adjourn to a closed session to consider litigation or personnel matters. Discussion of litigation or pending litigation may be held in closed session by authority of Government Code Section 54956.9; discussion of personnel matters by authority of Government Code Section 54957; to confer with their negotiator regarding real property by authority of Government Code Section 54956.8.