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Flood Diversion Board of Authority—April 28, 2016 1 <br />FLOOD DIVERSION BOARD OF AUTHORITY <br />APRIL 28, 2016—11:30 AM 1. MEETING TO ORDER <br />A meeting of the Flood Diversion Board of Authority was held Thursday, April 28, 2016, at <br />11:30 AM in the Fargo City Commission Room with the following members present: Cass County Commission representative Darrell Vanyo; Cass County Commissioner Mary Scherling; West Fargo City Commissioner Mike Thorstad; Fargo City Mayor Tim Mahoney; <br />Fargo City Commissioner Mike Williams; Fargo City Commissioner Melissa Sobolik; Cass <br />County Joint Water Resource District Manager Rodger Olson; Clay County Commissioner Kevin Campbell; and Moorhead City Council Member Nancy Otto. Also present was ex-officio member Breanna Paradeis-Kobiela, Buffalo-Red River Watershed District. <br /> <br />Staff members and others present: Cass County Administrator Keith Berndt; Fargo City <br />Administrator Bruce Grubb; Clay County Administrator Brian Berg; Fargo City Director of Engineering Mark Bittner; Fargo City Engineer April Walker; Moorhead City Engineer Bob <br />Zimmerman; and Mark Nisbet, Chamber of Commerce Business Leaders Taskforce. <br /> <br />2. MINUTES APPROVED <br />MOTION, passed Mr. Campbell moved and Mr. Williams seconded to approve the minutes from the April 14, 2016, meeting as presented. Motion carried. <br /> <br />3. AGENDA ORDER <br />MOTION, passed Mr. Williams moved and Mrs. Scherling seconded to approve the order of <br />the agenda with one revision to move Item 8. Executive Session after Item <br />4. Administrative/Legal Update. Motion carried. <br /> 4. ADMINISTRATIVE/LEGAL UPDATE <br />Attorney John Shockley gave a brief update on the Project Partnership Agreement (PPA). He <br />said staff are working with the Corps of Engineers on the PPA, which will include a <br />Memorandum of Understanding to incorporate the Public Private Partnership (P3) elements. <br />Mr. Shockley provided board members with a draft copy of the Joint Powers Agreement (JPA), <br />which is 98% complete. He reviewed the substantive changes that have been made as a result <br />of the comments received from member entities. The plan is for the Diversion Board to consider the document at the May 12th meeting, and then member entities will need to consider approval of the JPA. <br /> <br />Mr. Shockley said one more informational meeting with the six member entities will be held before the Diversion Board approves the JPA. There was discussion by board members about holding the meeting in the evening so board members who work during the day have an <br />opportunity to attend. <br /> <br />5. EXECUTIVE SESSION Attorney Erik Johnson said the board is allowed under North Dakota state law to meet in private session to consult with legal counsel. There are two issues to discuss regarding Project WP- <br />42A.1/A.3 which may result in civil litigation; and the existing and pending federal lawsuit with <br />the Richland-Wilkin JPA. <br />