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Flood Diversion Board of Authority—June 11, 2015 2 <br />Mr. Mahoney asked about the 20% property tax reduction approved by the State Board of <br />Equalization in 2012 for Oxbow properties and issues recently raised by Pleasant Township <br />regarding the impact to the Kindred Public School District. Mr. Nyhof said the City of Oxbow Board of Equalization approved a 5% increase for 2015 to begin making up the 20% reduction; however, this was approved before the injunction. Mr. Mahoney asked how the 20% reduction <br />has affected the Kindred Public School District since 2012. Mr. Nyhof said the school district’s <br />valuation has increased despite the reduction. <br /> Lawsuit Update – Executive Session <br />Attorney Erik Johnson provided an update regarding lawsuits filed by the Richland-Wilkin Joint <br />Powers Authority. An injunction order was issued by the Federal District Court on May 13th to <br />stop construction on the OHB levee. He said there are issues to discuss and the board is <br />allowed under North Dakota state law to meet in private session to consult with legal counsel. <br />MOTION, passed Mrs. Scherling moved and Ms. Otto seconded to meet in executive session <br />as authorized by North Dakota Century Code Section 44-04-19.1 Sub. (2) <br />for consultation with its attorneys regarding pending litigation with the <br />Richland-Wilkin Joint Powers Authority (JPA). Motion carried. The Flood Diversion Board members, key administrative and engineering staff, Attorney Erik <br />Johnson and Attorney John Shockley moved to the River Room at 3:45 PM. Robert <br />Cattanach, Attorney for the Board, joined the closed meeting via conference call. <br /> <br />The executive session ended at 5:26 PM, and the meeting was re-opened to the public. <br />Mr. Johnson said the board fully intends to follow the injunction ruling and is seeking <br />clarification from the judge on home construction in Oxbow. The board also agreed to support <br />Oxbow if the city decides to participate in the lawsuit. Dakota Metro JPA <br />Mr. Johnson said a third amendment to the Joint Powers Agreement (JPA) was approved in <br />concept by the Diversion Board at the last meeting. The JPA provides a mechanism to <br />approve and/or ratify expenditures, agreements and other decisions of the Flood Diversion <br />Authority Board, and establishes the Dakota Metro Flood Board. The JPA has been approved by the member entities of Fargo, Cass County and Cass County Joint Water Resource <br />District. Moorhead Mayor Del Rae Williams asked for language to be included in the JPA for <br />the Dakota Metro Flood Board to re-visit the need for this board at the end of the year and <br />every six months if necessary. <br /> Ms. Otto vehemently objects to those saying that Minnesota does not have a voice as a result <br />of the Dakota Metro Flood Board. She said Minnesota has three representatives on the <br />Finance Committee, including herself, that review expenditures and make recommendations <br />to the Flood Diversion Board. She said this mechanism will also allow Fargo to move forward <br />with its dike projects. <br />5. MANAGEMENT UPDATE <br />Program management consultant (PMC) report <br />Ty Smith from CH2M provided an update on activities over the last month including work on <br />in-town levees at 2nd Street North, El Zagal, and Mickelson; assistance with the MNDNR