Thursday, November 21, 2024

Mendocino Railway criticizes a ‘councilman’s loose grasp of the facts’—Letter to the Editor

Welcome to our letters to the editor/opinion section. To submit yours for consideration, please send to matthewplafever@gmail.com. Please consider including an image to be used–either a photograph of you or something applicable to the letter. However, an image is not necessary for publication.

Remember opinions expressed do not necessarily reflect that of MendoFever nor have we checked the letters for accuracy. For full disclosure, the Mendocino Railway is one of MendoFever’s advertisers.

We have published a response to this letter composed by Mr. Peters. Find the link below the body of this letter.


Dear Editor-

After listening to Councilman Lindy Peters at the League of Women Voters’ Candidate Forum, it’s clearer than ever why the insane lawsuit between the city and the Skunk drags on—Peters has no grasp of the facts.

Peters proudly declared he’s on the litigation team, but he was just appointed a few days prior and hasn’t attended a single settlement negotiation or mediation. That didn’t stop him from revealing confidential details, admitting the “last obstacle” in mediation. Not only did he break mediation rules, but anyone involved knows there are more than just one issue left.

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Peters also bungled the lawsuit’s focus, claiming it’s about federal common carrier status. It’s not. The lawsuit is about state public utility status. This is not a trivial mistake. You’d think the most senior Council member, supposedly part of the litigation team, would know this.

Peters went further, saying, “the courts will decide if they’re an excursion train or a common carrier.” Actually, the courts will decide whether to change the railway’s state public utility status. The city’s lawsuit acknowledges we are a federal common carrier, which automatically makes us a public utility by state guidelines. If the City gets its way, it could create a legal mess that will continue for years.  Peter’s lack of understanding of the case, much less the purpose, exemplify the costly and misguided actions by the City. 

He stated, “They should play by the same rules as everyone else,” which sounds nice but is misleading. Peters claims the lawsuit is to prevent Mendocino Railway from using Federal preemption to cover hotel, residential, and retail development, but that was never the case. In 2019, the railroad agreed to the City suggestion of a master development agreement to lay out what was or wasn’t preempted.  If the City felt the railroad strayed from the agreement, they could then challenge it. For whatever reason, however, the City ignored their own suggestion and launched a legal attack against the railroad in anticipation of what they thought the company might do, costing all of us over a million dollars in taxpayer money. 

And as to railroad operations, does Peters claim the City has the expertise to inspect and oversee a railroad? If they annex the harbor, should the harbor commission be worried they’ll have to “play by the same rules” too? Unique entities like an airport, railroad or harbor follow special rules because they perform unique tasks. These unique entities have state and federal organizations that oversee them. In the case of railroads, it is the CPUC and FRA.  But Peters apparently feels the City should have local, state and federal powers.  

Peters also falsely claimed, “railroads can pollute without environmental review.” That’s 100% fiction. If this is the City’s legal understanding, it’s no wonder we’re in this fight. They should fire the City Attorney and get someone who knows the law.

He then stated, “They haven’t submitted any permits.”  Peters ignores that the City has spent well over a million dollars of public funds suing us and worked for three years to block our funding to reopen Tunnel #1. What company would move forward with development under such a hostile Council? Nevertheless, in August 2022, we opened a developer’s account to begin the development process.  The current focus is the remediation of the property. We’re waiting on the City to develop the EIR.

Peters also misleadingly said we “only have three miles of track,” ignoring that we have another 37 miles from Tunnel #1 to Willits, actively used for freight and passenger service. He’s played a key role in blocking our efforts to reopen the tunnel but criticizes us for not doing so. Peters shows hypocrisy at its worst.

He claimed the City’s zoning effort was shot down by a lawsuit, but the only zoning effort I know of was the City’s LCP planning process, which we participated in until January 2021, when the City canceled it with one day’s notice. Peters doesn’t even seem aware that it was he and the Council who killed it.

Peters also complained about our company’s letters to the editor. He must have forgotten his own letter from February 2022, apparently ghostwritten by KP Public Relations. Peters has the platform to speak publicly regularly. We don’t have that luxury, so yes, we submit letters like this one.

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Given Peters’ poor grasp of the facts, it’s no surprise he’s a major reason the City’s misguided lawsuit continues.

-Chris Hart, Vice President of Mendocino Railway


To read Fort Bragg City Councilman Lindy Peter’s response to Chris Hart’s letter to the editor, click the link below.

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20 COMMENTS

  1. I’m very curious about the new billboard in Ukiah saying roughly half of all visitors come to Mendo for the skunk train. How man people were interviewed for this statistic? LA times just put out a Weed Map for our county. I’m pretty sure people are comming here for the hippie atmosphere and laid back vibes. Not for the skunk train. Maybe get a cannabis license? The “skunk” train. I

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    • Hi Crystal,
      I’m with the railroad. The billboard states “Of the more than 93,000 who rode the Skunk, 49% said it was their primary reason to visit Mendocino County.” I know it is a lot of text while driving by, but the ad is specifically about people who rode our train and how about half say that we were their primary reason for visiting.
      For about a decade we have surveyed about 2000 riders annually so we have well established data that we have shared before. In 2023, 1900 respondents said the train was their primary reason from coming to the County. In addition, the average party size is 4, so this survey represents 8% of our total guests, so the data is pretty solid.
      – Chris
      PS there are some special event charters, I believe.

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      • Regardless of where your numbers come from, the Skunk Train has fallen off my referral list for tourists. Despite the longtime inflated ticket prices, it used to be at the top of my list.

        I took great pride in being a ticket agent and train hostess at 16 and the office manager 15 years later. Since the collapse of the tunnel, the beauty and history of our railroad a minimum of 21 miles to 3.

        I was at an event a year ago and walked over to see what is left of the tunnel. Most will never know the beauty that those lost 18 miles. Knowing all they’d be missing, I don’t recommend the Skunk as something to do in our area.

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      • 45% of the Skunk Train’s 93,000 riders would be 42,000 visitors. Mendocino County had 1.8 million visitors in 2021-2022 (during the pandemic and its impact depressing tourism.). That means 7.6% were attracted by the Skunk Train, not 45%. That’s significant but hardly the almost 50% Hart suggests. I note that the “Survey” does not appear to be available online so its methodology and data are unknown.
        Far, far more people visit for the weather and recreation than for the Skunk Train.

  2. The most beautiful coastline in the world, the redwood forests, the Skunk Train, wineries, etc. The tourism brings a lot of money into the county. We need every attraction to keep those dollars coming. It helps businesses as those tourists need accommodations, gas, food, etc.

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    • The Skunk Train is con job that’s going to get someone hurt or killed from their negligence and disregard of safety of their passengers. They run a decrepit locomotive on decrepit tracks out to an illegal bar where they over serve liquor to people every weekend. They charge tens of thousands of dollars to host weddings of 100+ people at their un inspected un permitted 4000sf “pavilion” where there is no running water and no sewage system. It’s a lawsuit waiting to happen when one of the “guests” gets hurt or worse. A total joke of a company. Total joke.

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  3. Of that 37 miles mentioned 8 miles of it from Willits is used for excursion ONLY, the other 29 miles is not even travelable safely by a locomotive. Passenger and freight service is not an active occurance. Mendocino Railway is a privately owned excursion train. Being said that does have value historically and revenue generating wise, but nothing close to a public utility or service; JS

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    • It’s been that way for a very long time, too. I love riding the skunk train, but calling it a “public service” is such a silly attempt at misinformation. I’d love to be able to ride the train out to Willits for the day and then take it back, but there’s no reason to assume it would ever become something like that. If it did, is it going to be priced like a public bus would, or will it cost us $100 each way? Hardly a public service if only tourists can use it. It’s like calling a whale watching tour public transportation.

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    • Sure but this opinion piece was about Lindy Peters making false and misleading statements as part of his answers at the League of Women Voters Candidates forum for the Fort Bragg City Council not the status of the Skunk Train. Lindy repeatedly made false and misleading claims that appeared to be reasonable unless you have been following things and already knew the facts. Now he and his campaign are trying to falsely smear two of his opponents claiming the Skunk Train has tried to “buy” them. What nonsense. One of the candidates, Scott Hockett, literally had his family property invaded by the Skunk train to build a trail without permission but somehow Lindy is claiming he is in the pocket of the Skunk. The other challenger he is attacking in Ryan Bushnell who has basically taken the same positions as Lindy about the Skunk train but Lindy is also falsely claiming he is backed by the Skunk. In Ryan’s case, he was endorsed by the city employees union and Lindy wasn’t so that is probably the source of his sour grapes. I think Lindy is running scared that he won’t get re-elected this time because there are better, more honest, and younger candidates running against him and he is resorting to dirty tricks and lies to try to diminish his opponents and allegedly corrupted by the Skunk Train when that couldn’t be further from the truth. This is ridiculous and disheartening and reminds me of the national Presidential campaign not our home town city council race. Lindy has gone too far and his time has passed.

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      • I don’t know who Jacob is other than a shill for the railroad. Chris Hart’s, and by extension Jacob’s, description of the Candidates Forum are “false and misleading” to quote Jacob.

  4. I live here in Willits.. near the tracks..

    I hear the Skunk Train horn very often (in the warm season,) — I can’t recall the last time I saw /// FREIGHT /// service to Willits. Probably sometime in the 1980s?

    Pls., Mendo Railway, enlighten us as to the type & frequency of these “freight” services you speak of?

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    • They haul loads of BS on a regular basis. They run a ton of hogwash through the court system. They travel down an imaginary track of their own wishful thinking to deliver complete nonsense to the unsuspecting public. A true service to our nation.

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  5. The Mendocino Railway animosity is out of control. Their underhanded tactics are not indicative of good neighbors. I have watched their behaviors from the get go at City Council Meetings. Their behind the scenes deal with Georgia Pacific is not at all in best interests of this City.

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  6. A judge rejected Mendocino Railway’s claim it is a public utility with power to condemn land through eminent domain.

    MARY CALLAHANApril 28, 2023

  7. The house is burning down but the family isn’t fighting the fire, they are fighting amongst themselves. Has anyone not seen the connection between the coast’s economic doldrums and the lack of affordable housing, the imminent closing of the hospital, and mile after mile of roads graced with potholes? How about the economy stifling infighting that results in 25% of Fort Bragg’s population living below the poverty line, or businesses that can’t hire enough people to provide us with needed services? It seems our community is pretty much addicted to squabbling at the expense of problem solving.

  8. For those of us that benefitted from the Skunk line for many years……since the mid 40’s and before, but unfortunately not too many of those people are around these days….WE MISS THE LOCAL BENEFITS! Yes the Skunk brought a lot of tourist to the Coast for the ride in the redwoods. Where else in this state is there a Historical Railroad that was used to transport logs, lumber and passengers! This town is in need of this attraction back…..all the way from Willits to Fort Bragg. And that’s not even mentioning the Steamtrain! No matter what people think, but that was the BIGGEST draw, and still would be!
    City Council members get out of the way……let the Skunk come back to its greatness!
    I’ve read through some of the comments…..the train carried freight into the 2000’s. And yes the tracks and bridges are in terrible condition….needs a lot of up grades. Give them the chance to get it fixed! I would rather see a train going by than a walking path! And how many could walk the 40 miles?
    As I said before, get out of their way….. and wasting public funds!

  9. I attended the LWV Fort Bragg Candidates Forum. Chris Hart’s account is flatly untrue. Lindy Peters did nothing improper and did not reveal anything of substance about the negotiations. Simply put, Hart’s account is a lie.

  10. The Skunk train is definitely an “excursion train” . It should be a passenger train with affordable prices. So the coast and the inland portion of the county are accessible without having to drive a vehicle. The current prices for round trips are at “screw the tourist “ prices. How can a public utility be unaffordable to the general public?

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MendoFever Staff
MendoFever Staff
Editor's Note: Whenever an article's byline reads "MendoFever Staff", the contents of that article were not composed by any of our reporters. Types of writing that will be attributed to "MendoFever Staff" include press releases, letters to the editor, op-eds, obituaries— essentially writing that is not produced by a reporter.

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