FM Diversion Board Of Authority Meeting – May 23, 2024

May 23, 2024
3:30 pm - 4:45 pm
Agenda
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1. Call to Order

  • a. Roll Call of Members

2. Approve minutes from April 11, 2024 [Attachment 00.01] (Pg. 3)

3. Approve minutes from April 25, 2024 [Attachment 00.02] (Pg. 4)

4. Approve Order of Agenda

CONSENT AGENDA – APPROVE THE FOLLOWING:

  • a. Finance Report [Attachment 01.00] (Pg. 9)
  • b. Voucher Approval [Attachment 02.00] (Pg. 35)
  • c. DA Board Approval Contract Actions [Attachment 03.00] (Pg. 47)
    • i. Cass County Electric TO16, Amendment 0 [Attachment 03.01] (Pg. 49)
    • ii. LTP Enterprises, WP47C, Change Order 02 [Attachment 03.02] (Pg. 51)

REGULAR AGENDA:

4. Co-Executive Director Update

  • a. MFDA Employee Handbook Review [Attachment 04.00] (Pg. 53)
  • b. Executive Director Next Steps [Attachment 05.00] (Pg. 95)

5. General Counsel Update –

  • a. Resolution Amending the Appointment of Members to the Land Management Committee of the MFDA [Attachment 06.00] (Pg. 100)
  • b. Resolution Related to the Automatic Issuance and Exchange of Temporary Authority Loan Improvement Warrants [Attachment 07.00] (Pg. 103)

6. Construction Project Updates

  • a. USACE Project Update [Attachment 08.00] (Pg. 105)
  • b. SWDCAI Project Update [Attachment 09.00] (Pg. 107)
  • c. Project Safety Update Tom [Attachment 10.00] (Pg. 108)
  • d. Drone Footage Video

7. Communications Team Update

8. Land Management Update

  • a. Property Acquisition Status Report [Attachment 11.00] (Pg. 109)

9. Finance Update

10. Other Business.

  • a. WP52A Bid Award [Attachment 12.00] (Pg. 115)

11. Closed Executive Session pursuant to N.D.C.C. § 44-04-19.1, subdivision (2) and (5) and N.D.C.C. §
44-04-19.2 in anticipation of reasonably predictable and pending civil or adversarial administrative
proceedings regarding the submittal of the ECR issue to the Technical Dispute Resolution Board
and to receive external P3 Litigation Counsel’s advice and guidance in anticipation of reasonably
anticipated adversarial administrative proceedings and disputes regarding the interrelated
matters of the status and potential application of Non-Compliance Points pursuant to the Project
Agreement.

*No Final action concerning the topics discussed or considered during the above-described
executive session is anticipated to be taken after the above-described executive session so the
Board will then proceed to the second Closed Executive Session.

12. Closed Executive Session pursuant to N.D.C.C. § 44-04-19.1, subdivision (2) (5) and (9) and N.D.C.C.
§ 44-04-19.2 regarding an update from the Chair and External P3 Litigation and HR Counsel’s
advice and guidance regarding negotiating instructions and updates for a potential agreement
with the Former Executive Director.

13. Next Meeting: June 27, 2024

14. Adjournment

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Fargo City Hall Commission Chambers
225 4th St. North
Fargo, ND 58102
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Recording of meeting will be posted shortly.