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Metro Flood Diversion Authority—June 27, 2019 4 10. EXECUTIVE DIRECTOR SEARCH Robert Wilson, Cass County Administrator and Co-Executive Director, said Skype interviews were held this week with applicants for the Executive Director position. A list of finalists is in the process of being developed to be made public. Interviews and tours will be scheduled hopefully in July for board members to participate. 11. EXECUTIVE SESSION North Dakota state law allows the Board to meet in private session to consult with legal counsel to discuss ongoing litigation. MOTION, passed Mr. Piepkorn moved and Mr. Mahoney seconded that the Metro Flood Diversion Authority meet in executive session, as authorized by North Dakota Century Code § 44-04-19.1, subsections 2 and 9, to consult with its attorneys regarding the ongoing litigation in the matter of Richland/Wilkin JPA and MNDNR v. the United States Army Corps of Engineers and Fargo Moorhead Flood Diversion Authority as Intervenor, Civil File No. 0:13-cv-02262-JRT-LIB. Motion carried. Diversion Authority Board members and key administrative staff moved to the River Room at 4:13 PM. The executive session ended, and the meeting was re-opened to the public at 5:02 PM. Mr. Shockley said the board met in executive session to discuss the federal litigation, and arising out of that litigation, is the matter of the decision by the Buffalo-Red River Watershed District (BRRWD) made on June 24, 2019. During that meeting the BRRWD originally voted 3-3 regarding the permit approval, and told the Diversion Authority that they were no longer going to address the permit at the meeting. All Diversion representatives and the press left the <br />meeting. It is unclear what the tie vote would mean regarding the permit, and without notice to the Diversion Authority, press or public, the BRRWD attempted to take the matter up and denied the permit. During today’s executive session there was a recommendation made that the Diversion Authority Board should take legal action regarding the permit denial. MOTION, passed Mr. Campbell moved and Mr. Piepkorn seconded to authorize litigation counsel, Dorsey and Whitney, to take all necessary action to appeal the June 24, 2019, decision of the Buffalo-Red River Watershed District relating to the Diversion Authority’s permit application and to explore other legal actions relating to the denial of the Diversion Authority’s permit application. On roll call vote, the motion carried unanimously. <br /> 12. NEXT MEETING DATE The next meeting is scheduled for Thursday, July 11th. The meeting will be cancelled if there are no contracting actions, and the board would then meet on Thursday, July 25th. 13. ADJOURNMENT <br /> MOTION, passed On motion by Mr. Campbell, seconded by Mr. Peterson, and all voting in favor, the meeting was adjourned at 5:06 PM. Minutes prepared by Heather Worden, Cass County Administrative Assistant