PROPERTY COMMITTEE MEETING
Immediately Following the Finance
Committee Meeting
Approved Minutes
A.����������� CALL
TO ORDER
��������������� Director Kelley called the Property Committee meeting
to order at
B.�����������
��������������� Committee
members present:� Kelley, Simonson, Colfax, Ziedrich
��������������� Committee
members absent:� None
��������������� Also
Present:� Executive Director
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
��������������� ��������������� 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
������������������������������� 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
���������������
AMERICAN WITH
DISABILITIES ACT (
To request disability-related modifications or
accommodations for accessible locations or meeting materials in alternative
formats (as allowed under Section 12132 of the
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.