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<br />2 <br /> <br />After discussion, Manager Melvin moved and Manager Miller seconded to authorize <br />Moore Engineering, Inc. to evaluate the Drain #37 assessment district and coordinate <br />with the Water Resource District Attorney to prepare documents for a potential vote <br />regarding the Drain #37 Improvement Project No. 2022-01, for consideration by the Board <br />at a future meeting. Upon roll call vote, the motion carried unanimously. <br /> <br />Drain #39 Improvement Project No. 2023-01 <br />Alexa Ducioame updated the Board on the Drain #39 Improvement Project No. 2023-01. <br />The Section 404 Permit for the project will be submitted to the Corps of Engineers today. <br />The North Dakota Department of Water Resources (NDDWR) is currently processing the <br />Application for Surface Drain submitted for the project. Once the Application for Surface <br />Drain is approved, the Water Resource District can apply for State Water Commission <br />cost-share funding for the project. Mr. Lysne briefly discussed funding for the project. <br /> <br />Lynchburg-Buffalo Project No. 2023-01 <br />Ms. Ducioame presented the Engineer’s Opinion of Probable Cost for the remaining three <br />reaches of Lynchburg-Buffalo Project No. 2023-01. Ms. Ducioame noted reach three has <br />right of way in place and Moore Engineering, Inc. is working on the remaining right of way <br />needed for reaches four and five of the project. <br /> <br />It was moved by Manager Miller and seconded by Manager Melvin to authorize the <br />following regarding the remaining three phases of Lynchburg-Buffalo Project No. 2023- <br />01: <br />• The Secretary-Treasurer to submit a cost-share application to the NDDWR for <br />engineering and final design <br />• Moore Engineering, Inc. to conduct surveying and work with Ohnstad Twichell, P.C . <br />to draft legal descriptions and documents for right of way needed <br />• The Secretary-Treasurer to sign and submit an Application for Surface Drain to the <br />NDDWR <br />Upon roll call vote, the motion carried unanimously. <br /> <br />Davenport Flood Risk Reduction Project – Executive Session for purposes of <br />discussing contract negotiation strategies, litigation strategies, and attorney <br />consultation ongoing contract negotiations and reasonably predictable litigation <br />related to right of way and property acquisitions necessary to accommodate the <br />Davenport Flood Risk Reduction Project, in accordance with N.D. Cent. Code §§ <br />44-04-19.1(2), (5), and (9) <br />It was moved by Manager Melvin and seconded by Manager Miller to close the meeting <br />at 8:43 a.m. for the purposes of discussing contract negotiation strategies, litigation <br />strategies, and attorney consultation ongoing contract negotiations and reasonably <br />predictable litigation related to right of way and property acquisitions necessary to <br />accommodate the Davenport Flood Risk Reduction Project, in accordance with N.D. <br />Cent. Code §§ 44-04-19.1(2), (5), and (9) regarding the following parties and matters: <br />1. Ronald and Patricia Geerdes and Gina Stanford (Cass County Parcel Nos. 21- <br />0000-00167-000 and 21-0000-00170-010); <br />2. Bruce C. Glasow and Mara R. Glasow (Cass County Parcel Nos. 12-0100- <br />01245-000 and 12-0100-01246-000); and