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Diversion Authority approves minutes, consent agenda and repeals 2015 detention funding policy; votes to enter closed session
Summary
At its Feb. 27, 2025 meeting the Metro Flood Diversion Authority approved meeting minutes and the consent agenda, repealed a 2015 detention funding policy in favor of terms in the 2021 settlement agreement, and authorized a closed executive session to discuss mediation and potential litigation. All recorded motions passed by roll call.
The Metro Flood Diversion Authority on Feb. 27, 2025, approved the Jan. 23 meeting minutes, approved a revised ordered agenda (removing item 9b), passed the consent agenda, voted to repeal the authority’s 2015 detention funding policy manual, and authorized a closed executive session to discuss mediation and potential litigation related to a separation and release agreement.
The board first voted to approve the Jan. 23, 2025 minutes and then approved the adjusted ordered agenda removing item 9b after the lands committee tabled that item. The consent agenda passed by roll call vote.
General counsel John Shockley presented the motion to repeal the 2015 detention funding policy manual as a housekeeping action to align policy with the 2021 settlement agreement with upstream stakeholders. The board then moved, seconded (Commissioner Breitling recorded as second), and approved repeal of the prior detention funding policy. The board’s action replaces the outdated 2015 policy with an approach consistent with the settlement agreement, and specifies that future detention-project funding would be subject to board-negotiated agreements and a maximum cost share of 50% of project costs not covered by federal, state, or other local grants.
Later in the meeting the board voted to enter a closed executive session under North Dakota Century Code 44-04-19.2 and 44-04-19.1(29) for attorney consultation and direction to general counsel and the executive director regarding mediation and, if mediation is unsuccessful, commencing litigation to enforce the separation and release agreement between Joel Paulson and the Metro Flood Diversion Authority dated Aug. 21, 2024. The motion to move into executive session was approved by roll call.
Votes at a glance: - Approve minutes (Jan. 23, 2025): Motion moved and seconded; outcome: approved (roll call: Mayor Carlson; Mayor Dardis; Mayor Mahoney; Mr. Breitling; Mr. Hendrickson; Mr. Pepporn; Mr. Ebinger; Miss Kolpak; Mr. Campbell; Mr. Capitan; Mr. Grama; Mr. Steen; Ms. Borgen — all recorded affirmative) - Adopt ordered agenda with removal of item 9b: Motion moved and seconded; outcome: approved (voice vote recorded as aye) - Approve consent agenda: Motion moved and seconded; outcome: approved (roll call: same attendees recorded affirmative) - Repeal prior 2015 detention funding policy manual (motion presented by General Counsel John Shockley; second recorded: Commissioner Breitling): outcome: approved (roll call: recorded affirmative from attending members) - Move into closed executive session under NDCC 44-04-19.2 and 44-04-19.1(29) regarding mediation and potential litigation related to Joel Paulson separation and release agreement (08/21/2024): outcome: approved (roll call affirmative)
Each of the motions above was recorded on the public transcript with roll-call affirmatives as noted. No motion failed or was tabled during the recorded formal votes.
