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Flood Diversion Board of Authority—August 13, 2015 1 <br /> <br />FLOOD DIVERSION BOARD OF AUTHORITY <br />AUGUST 13, 2015—3:30 PM <br /> <br /> <br />1. MEETING TO ORDER <br />A meeting of the Flood Diversion Board of Authority was held Thursday, August 13, 2015, at 3:40 PM <br />in the Fargo City Commission Room with the following members present: Cass County Commission <br />representative Darrell Vanyo; Cass County Commissioner Mary Scherling; West Fargo City <br />Commissioner Mike Thorstad; Fargo City Mayor Tim Mahoney; Fargo City Commissioner Mike <br />Williams; Fargo City Commissioner Tony Gehrig; Cass County Joint Water Resource District Manager <br />Rodger Olson; Clay County Commissioner Kevin Campbell; and Moorhead City Council Member <br />Nancy Otto. Also present was ex-officio member Gerald Van Amburg, Buffalo-Red River Watershed <br />District. <br /> <br />Staff members and others present: Cass County Administrator Keith Berndt; Interim Fargo City <br />Administrator Bruce Grubb; Moorhead City Manager Michael Redlinger; Cass County Engineer Jason <br />Benson; Fargo City Director of Engineering Mark Bittner; Fargo City Engineer April Walker; Moorhead <br />City Engineer Bob Zimmerman; Tom Dawson, Chairman; Chamber of Commerce Business Leaders <br />Taskforce; Bruce Spiller, CH2M; and Terry Williams, Project Manager, Corps of Engineers. <br /> <br />2. MINUTES APPROVED <br />MOTION, passed <br />Mr. Mahoney moved and Ms. Otto seconded to approve the minutes from the <br />July 9, 2015, meeting as presented. Motion carried. <br /> <br />3. AGENDA ORDER <br />MOTION, passed <br />Mr. Campbell moved and Ms. Otto seconded to approve the order of the agenda. <br />Motion carried. <br /> <br />4. MANAGEMENT UPDATE <br />Program management consultant (PMC) report <br />Bruce Spiller provided an update on activities over the last month including work on in-town levees at <br />2nd Street North, El Zagal, and Mickelson; work on the 4th Street and 2nd Street pump stations; review <br />and comments to the MNDNR on the draft Environmental Impact Statement (EIS), which is scheduled <br />for completion on August 28th; and work to develop the Notice of Intent (NOI) for public-private <br />partnership (P3) for action at the next board meeting. <br /> <br />Corps of Engineers report <br />Terry Williams provided an update of activities by Corps of Engineers staff which includes continued <br />review and coordination of draft documents with the Minnesota DNR on the MN EIS; review comments <br />and a signed petition from five cemetery sites in response to the draft cemetery mitigation plan; review <br />of in-town levee designs; prepare for visit to Fargo from Lt. General Thomas Bostwick, Commanding <br />General of the Corps of Engineers on September 2nd ; continue to refine the project to reduce impacts; <br />and work on alternate financing and split delivery plan for expedited implementation of the project. <br /> <br />5. ADMINISTRATIVE/LEGAL UPDATE <br />Lawsuit update <br />Attorney Erik Johnson provided an update regarding lawsuits filed by the Richland-Wilkin Joint Powers <br />Authority. He said briefs on the base lawsuit are to be submitted shortly and then oral arguments on <br />the case merits will be scheduled. <br /> <br />An injunction order was issued by the Federal District Court on May 13th to stop construction on the <br />OHB levee. The Diversion Authority requested a stay on the injunction, which was denied by the judge.