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Flood Diversion Board of Authority—April 9, 2015 2 <br /> <br />There was discussion on the four cemeteries that have not granted right-of-entry access and <br />how this will affect the mitigation plan. Ms. Williams said the cemeteries will still be included <br />in the plan, but any mitigation efforts will not be done until after ROE is allowed so cultural <br />surveys may be conducted at the sites. <br /> <br />5. ADMINISTRATIVE/LEGAL UPDATE <br />Lawsuit update <br />Attorney Erik Johnson provided an update regarding lawsuits filed by the Richland-Wilkin Joint <br />Powers Authority. A hearing was held on Thursday, March 26th at Federal District Court in <br />Minneapolis. He said arguments were heard on motions filed by both parties and the judge <br />took the matter under advisement. He said a ruling is expected within the next one to three <br />months. <br /> <br />Buffalo-Red River Watershed District action on Diversion Authority budget <br />Mr. Johnson said in September each year the fiscal budget is considered by the six-member <br />entities. Last month, the Buffalo-Red River Watershed District only approved $1.5 million in <br />funding to complete the MN EIS. This year the Diversion Authority budget is $211 million. <br />There was discussion on how to proceed with expenditures when one member entity has not <br />approved the budget. Mr. Johnson said the project is being paid with funds from North Dakota <br />entities. And as an interim measure, the separate JPA entity made up of members from Fargo, <br />Cass County and Cass County Joint Water Resource District (CCJWRD) that currently exists <br />could approve expenditures. The ND JPA could meet immediately after the Diversion <br />Authority Board meetings to ratify actions taken by the board. <br /> <br />6. TECHNICAL UPDATE <br />Task Orders and Authority Work Directives <br />Mr. Spiller discussed task order amendments with Houston Moore Group (HMG) totaling <br />$265,000 as follows: <br /> <br /> Task Order No. 7 Amendment 3 with HMG—provide berm design for the Maple River <br />Aqueduct and between the diversion inlet and Sheyenne River; and design for Oxbow <br />Park relocation in the amount of $90,000; <br /> Task Order No. 8 Amendment 10 with HMG—work-in-kind to provide additional support <br />for MN EIS preparation; cemetery assessment team support; additional support for large <br />structure team; and hydraulics structures aesthetics evaluation in the amount of $175,000. <br /> <br />Mr. Mahoney asked about the total spent to date on the MN EIS. Mr. Spiller said he will <br />review the figures and present a total at the next board meeting. <br />MOTION, passed <br />Mr. Mahoney moved and Mr. Pawluk seconded to approve task orders <br />with Houston-Moore Group totaling $265,000. On roll call vote, the <br />motion carried unanimously. <br /> <br />7. PUBLIC OUTREACH UPDATE <br />Committee report <br />Rodger Olson said the Public Outreach Committee met April 8th and discussed several topics <br />including flood insurance rates and the special assessment district vote. <br /> <br />