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5.01.2007

The high cost of "Humboldt Baykeeper"

Someday it would be interesting to see a study done on the costs to society caused by the 'orgs.' They have become a scared cow by touting the benefits of their activities, which are taken at face value, but there is a flip side. It's not just the costs incurred in paying out go-away money. or in paying lawyers to help defend against this predatory litigious "group" - its the time and the meetings spent having to deal with it all:

NORTH COAST RAILROAD AUTHORITY (NCRA)
BOARD OF DIRECTORS REGULAR MEETING
Wednesday, January 10, 2007 ~ 10:00 a.m.
Humboldt County Supervisors Chambers
825 5th Street, Eureka
Humboldt County

DRAFT AGENDA

AGENDA NOTE
All items appearing on the agenda are subject to action by the Board of Directors. Staff recommendations are subject to action by the Board of Directors. Staff recommendations are subject to change by the Board.

A. CALL TO ORDER
B. ROLL CALL
C. AGENDA APPROVAL
D. MATTERS FROM THE BOARD
1. Recognition of Outgoing Board Member – Peter LaVallee
E. COMMITTEE REPORTS
1. Operator Committee Report – Chairman Hemphill
2. Policies and Procedures Committee Report – Director Kelley
F. CONSENT CALENDAR
1. Approval of Minutes – November 2006
2. Approval of Financial Statements - November 2006
3. Approval of Financial Statements – December 2006
4. Approval of Warrants Issued – November 2006
5. Approval of Warrants Issued – December 2006
6. Approval of Executive Directors Expenses - November & December 2006
7. Approval of 2007 Board Meeting Schedule
8. Approval of Extension of Lease – Talmage Office
G. PUBLIC COMMENT
Comments will be limited to three minutes per person and not more than ten minutes per subject, so that everyone can be heard. “Public comment” time is limited to matters under the jurisdiction of the Authority that may not have been considered by the Authority previously and are not on the agenda. No action will be taken. Members of the public may also comment during specific agenda items when recognized by the Chair.
H. CONDUCT OF BUSINESS
1. Election of Officers
2006 2007
Board Chair – Allan Hemphill __________________________
Board Vice Chair – Vacant __________________________
Finance Committee
Vacant – Chair ___________________________
Paul Kelley ___________________________
Bob Simonson ___________________________
Property Committee
Bob Simonson – Chair ___________________________
Paul Kelley ___________________________
1 Vacant Seat ___________________________
Ad Hoc Operator Committee
Allan Hemphill –Chair ____________________________
Bob Simonson
1 Vacant Seat ____________________________
____________________________
Humboldt Bay Harbor District Joint Advisory Committee
John Woolley -Chair _____________________________
Charles Ollivier _____________________________
1 Vacant Seat _____________________________
AD- Hoc Policies and Procedures Committee
John Woolley ______________________________
Paul Kelley ______________________________
1 Vacant Seat ______________________________

2. Authorize Staff to Execute Contract for NCRA Planning, Engineering, and Project Management Services.
I. STAFF REPORTS
1. Operator’s Report - John Williams – NWP Co.
2. Engineer’s Report – Dave Anderson - NCRA Project Manager
3. Executive Director – Mitch Stogner
a. Proposition 1B Application / CTC Update
b. Reintroduction of SB 792 (Chesbro)
c. FEMA/OES Equipment
d. Sign Removal Eureka to Arcata
4. Legal Counsel - Chris Neary
J. CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL-Existing Litigation (3 Cases)
Government Code Section 54956.9 (a)

(a) NWPY Arbitration
(b) Humboldt Baykeeper vs. Union Pacific, NCRA et al.
United States District Court, # C-06-02560 JW

(c) Humboldt Baykeeper vs. Simpson, NCRA et al\
United States District Court, # C-06-4188 JL

2. CONFERENCE WITH LEGAL COUNSEL-Initiation of litigation
Government Code Section 54956.9 (c) one case
Announcement of the litigation would jeopardize NCRA’s
Ability to conclude existing settlement negotiations to its advantage.
3. CONFERENCE WITH LEGAL COUNSEL-Initiation of Litigation
Government Code Section 54956.9 (c)
Litigation to be discussed: Enforcement of Billboard Removal on NCRA property.
K. ANNOUNCEMENT OUT OF CLOSED SESSION
L. ANNOUNCEMENT OF NEXT MEETING
February 14, 2007 - 10:00 a.m.
Willits City Council Chambers
111 East Commercial Street, Willits
Mendocino County
M. ADJOURNMENT
AGENDA NOTE
All items appearing on the agenda are subject to action by the Board of Directors. Staff recommendations are subject to action by the Board of Directors. Staff recommendations are subject to change by the Board.
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.

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