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Metro Flood Diversion Authority—December 19, 2019 2 <br /> <br />6. ADMINISTRATIVE/LEGAL UPDATE <br />WIFIA events update <br />Attorney John Shockley provided a monthly update on the schedule of events associated <br />with the Water Infrastructure Finance and Innovation Act (WIFIA) loan through the <br />Environmental Protection Agency (EPA) and referred to the handout showing the timeline. <br /> <br />Resolution to Reimburse Certain Expenditures from Proceeds of Authority Loans <br />Mr. Shockley drafted a resolution to authorize the issuance of a declaration of intent to <br />reimburse certain costs from the proceeds of Diversion Authority loans. He said the Internal <br />Revenue Service requires a declaration of official intent in order for the Diversion Authority <br />to reimburse itself through loan proceeds. <br />MOTION, passed <br />Mr. Grindberg moved and Mr. Judd seconded to adopt a Resolution <br />Authorizing the Issuance of a Declaration of Official Intent of the Metro <br />Flood Diversion Authority to Reimburse Certain Expenditures from <br />Proceeds of Authority Loans. On roll call vote, the motion carried <br />unanimously. <br /> <br />Extension of MOU with Cass County for HR services <br />Mr. Shockley said an extension of the interim MOU with Cass County has been drafted for <br />consideration today for human resource related services. Mr. Shockley said the Secretary of <br />State’s Office has some concerns with the concept of the county serving as a co-employer. <br />He may be requesting an Attorney General opinion asking whether a political subdivision <br />qualifies as a co-employer. An updated Memorandum of Understanding has been drafted for <br />a two-year term beginning January 1, 2020, through December 31, 2021, that will allow <br />leadership the time to determine the number of staff that will be needed and to sort out <br />technical issues associated with office space, computer services, and budgeting. <br />MOTION, passed <br />Mr. Steen moved and Mr. Peterson seconded to approve an extension <br />of the Memorandum of Understanding between Cass County, North <br />Dakota and the Metro Flood Diversion Authority for human resource <br />related services. On roll call vote, the motion carried unanimously. <br /> <br />NuStar Agreement for Re-Routing under Channel <br />Mr. Shockley said there are a number of utilities that run under the channel and southern <br />embankment. NuStar Pipeline has a gas line that runs across existing right-of-way needed <br />for the channel. An agreement has been drafted to coordinate the planning efforts to relocate <br />the gas line and to outline the payment of costs for work to prepare the applications needed <br />to complete the relocation project. The Finance Committee approved the agreement. <br />MOTION, passed <br />Mr. Grindberg moved and Mr. Peterson seconded to approve a contract <br />with NuStar Pipeline Operating Partnership L.P. On roll call vote, the <br />motion carried unanimously. <br /> <br />7. PUBLIC OUTREACH UPDATE <br />Committee report <br />The Public Outreach Committee met on December 18th. Rocky Schneider from the Program <br />Management Consulting team said the committee continued to review the development of a <br />new communications plan for next year with updated goals and objectives. A survey will be <br />sent out to determine a target audience that needs to be focused on to distribute information <br />on the project. <br /> <br />