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<br /> <br /> <br /> <br /> <br />MINUTES OF VIRTUAL / CONFERENCE CALL SPECIAL MEETING <br />CASS COUNTY JOINT WATER RESOURCE DISTRICT <br />ORIGINATING AT THE CASS COUNTY HIGHWAY DEPARTMENT <br />WEST FARGO, NORTH DAKOTA <br />MAY 4, 2022 <br /> <br /> <br />A virtual / conference call special meeting of the Cass County Joint Water Resource <br />District was held on May 4, 2022, at 8:30 a.m. <br /> <br />Present were Dan Jacobson and Keith Weston, Southeast Cass Water Resource District; <br />Rodger Olson, Maple River Water Resource District; Ken Lougheed, North Cass Water <br />Resource District; Jacob Gust, Rush River Water Resource District; Carol Harbeke Lewis, <br />Secretary-Treasurer; Melissa Maertens, Administrative Assistant; Sean M. Fredricks, <br />Chris McShane, Luke Andrud, Katie J. Schmidt, Andrew D. Cook and Stephen Hilfer, <br />Ohnstad Twichell, P.C.; Rob Stefonowicz, Larkin Hoffman Attorneys; Eric Dodds and <br />Dean Vetter, AE2S; Oly Olafson, Lee Kaffar, Wade Whitworth and Kelsey Lee, HDR, Inc.; <br />Ken Helvey and Lisa Kilde, SRF Consulting Group, Inc.; Duane Breitling and Mary <br />Scherling, Cass County Commissioners; Joel Paulsen, Diversion Authority Executive <br />Director; Jodi Smith, Diversion Authority Director of Lands; Leo Richard and Kristie <br />Sauvageau, Stanley Township property owners. <br /> <br />Metro Flood Diversion Project – Executive Session for purposes of discussing <br />contract negotiation strategies, litigation strategies, and attorney consultation <br />regarding ongoing litigation, all related to right of way and property acquisitions <br />necessary to accommodate the Metro Flood Diversion Project, in accordance with <br />N.D. Cent. Code §§ 44-04-19.1(2), (5), and (9) <br />It was moved by Manager Gust and seconded by Manager Weston to close the meeting <br />at 8:31 a.m. for the purposes of discussing contract negotiation strategies, litigation <br />strategies, and attorney consultation regarding ongoing litigation, all related to right of <br />way and property acquisitions necessary to accommodate the Metro Flood Diversion <br />Project, in accordance with N.D. Cent. Code §§ 44-04-19.1(2), (5), and (9) regarding the <br />following matters: <br />1. Cass County Joint Water Resource District v. Gene J. Sauvageau and Brenda J. <br />Sauvageau, et al, Civil File No. 09-2021-CV-03297 (OIN 1107); <br />2. Cass County Joint Water Resource District v. David Delaney, et al, Civil File No. <br />09-2021-CV-03301 (OIN 1202); and <br />3. Flowage Easement negotiation strategies <br />Upon roll call vote, the following Managers voted in favor: Jacobson, Olson, Lougheed, <br />Weston and Gust. The motion carried unanimously. <br /> <br />The executive session was attended by Managers Jacobson, Olson, Lougheed, Weston <br />and Gust, Carol Harbeke Lewis, Melissa Maertens, Sean Fredricks, Luke Andrud, Chris