FEBRUARY 1, 2021
Chairman Chad M. Peterson called the meeting to order at 3:30 PM with all members present as follows: Rick Steen, Duane Breitling, Jim Kapitan, and Chad M. Peterson in person; and Mary Scherling via Microsoft Teams.
Heather Worden led the Pledge of Allegiance.
MOTION, passed
Mr. Steen moved and Mr. Kapitan seconded that the minutes of the previous meeting be approved as written. Motion carried.
4. AGENDA, Order approved
MOTION, passed
Mr. Steen moved and Mr. Breitling seconded to approve the order of the agenda. Motion carried.
MOTION, passed
Mr. Steen moved and Mr. Kapitan seconded to approve the consent agenda as follows: On roll call vote, the motion carried unanimously.
a. Authorize the chair to sign a purchase order with Nelson Auto Center in the amount of $57,885.24 for two Dodge Ram trucks for the Highway Department; authorize the chair to sign a purchase order with Bert's Truck Equipment in the amount of $22,665.00 for a demo truck box; authorize the chair to sign a purchase order with Forklifts of North Dakota in the amount of $23,950.00 for a forklift; and authorize the chair to sign a purchase order with Nelson Auto Center in the amount of $30,591.75 for one Dodge Ram pickup truck for Buildings and Grounds.
b. Authorize the chair to sign a letter to cities, townships and water resource boards regarding potential flood risk reduction projects, and the availability of county sales tax funding assistance.
c. Contract approval
- Citi Lites, Inc.-utility cable locating services agreement for 2021-2023.
Mr. Peterson asked for public comment and hearing none, moved on to the regular agenda items.
7. WATER RESOURCE DISTRICT, Wheatland Channel maintenance assessment district
Kyle Nelson, Agricultural Real Estate Tax Appraiser and Farm Manager, was present remotely to discuss formation of a maintenance district for the Wheatland Channel, a publicly built drainage structure completed in the 1960's using federal dollars. The channel was constructed to drain farmland acres in the Wheatland area extending south and east to the Casselton area.
A maintenance plan was not created therefore no maintenance has been done since it was built over 50 years ago. As a result, there are erosion and drainage issues along the channel. Mr. Nelson is a farmland manager for affected land in Section 8 of Everest Township. The channel and associated land are within the boundaries of the Maple River Water Resource District (WRD). He has attended board meetings of the Maple River WRD since June of 2020. Mr. Nelson and several landowners have discussed the concerns with the channel and support the creation of a maintenance district.
Sean Fredricks, Attorney from Ohnstad Twichell representing the Water Resource Districts, said the channel was constructed by the Natural Resource Conservation Services (NRCS). The Maple River WRD has the authority as outlined in state law to create a maintenance district to generate up to $4.00 per acre for properties that receive a benefit. He said the water board is willing to create a maintenance district but would like to know if the commission supports the proposal before spending general fund dollars to move forward with the project.
Robert Wilson, County Administrator, said Highway Department and Water Resource District staff and Commissioner Breitling have been involved with discussions regarding this item prior to today. The purpose of the discussion today is to inform the entire commission about the proposal to create a maintenance district. No action is being requested today.
Carol Lewis, Secretary-Treasurer for the Water Resource Districts, said Maple River WRD is willing to begin the process since there is a buy-in from area residents.
Jason Benson, County Engineer, said a maintenance district will help improve drainage along the county road ditches. He said the five-year highway plan includes reconstruction of a two-mile stretch of County Road 5, which is located in the channel area.
Mr. Breitling said this is not an assessment project and would not go to a vote of the residents. He said engineers would create a maintenance district based on who would benefit from the project. The County Commission would need to approve the maintenance district and hold a public hearing to provide residents the opportunity to comment on the proposal.
Mr. Peterson supports moving forward with the process since the request was made by property owners. He said residents will be given the chance to comment during a public hearing. Mrs. Scherling is supportive of the proposal but wants to hear from area landowners that may be part of the maintenance district.
The consensus was for the Maple River WRD to proceed with the process to create a maintenance district for the Wheatland Channel.
Mr. Wilson provided an update on activities associated with the Coronavirus (COVID-19) pandemic.
Fargo Cass Public Health Update
Desi Fleming, Director of Fargo Cass Public Health, provided an update on vaccine distribution in the area. She said Fargo Cass Public Health will hold a flu shot clinic this week with Sanford and Essentia at the site of the former Gordman's store. Rapid tests will be offered to the public from 8:00 AM to 5:00 PM Monday through Friday at Faith Journey Lutheran Church, 650 40th Avenue East in West Fargo.
Jail Intake Expansion Project
Mr. Wilson said planning for the Jail Intake Expansion project continues with a pre-bid meeting scheduled this week with contractors. At the last meeting he was asked to research costs to improve the air purification and filtration system as part of this project. He spoke with the architect and engineer about ion generators and UV light systems. The cost to install ion generators for the entire building would be around $70,000. There are air circulation requirements to limit the volume of air exchanged, which affects the performance of this equipment. UV light systems need substantial maintenance and at times only work in unoccupied spaces. Mr. Wilson said neither option is feasible nor cost effective, so he recommends this not be included as part of this project.
Courtroom 303/304 Remodel Project
Mr. Wilson said remodeling of Courtroom 303/304 continues. The contractor determined a sub-floor was needed before new carpeting was installed, so he approved a change order in the amount of $6,125.00 to keep the project on schedule.
MOTION, passed
Mr. Breitling moved and Mr. Steen seconded to authorize payment to Fargo Linoleum Company in the amount of $6,125.00 for installation of a sub-floor as part of the Courtroom 303/304 project. On roll call vote, the motion carried unanimously.
COVID Highway Fund Allocation
Mr. Wilson said Cass County will receive $348,298.15 in highway infrastructure funding as part of the latest COVID relief package approved by Congress. The funds were allocated to the state and will be sub-allocated to counties to use toward federal cost share projects. The county engineer will determine what projects are eligible for use of these funds.
COVID Vaccine Leave Policy
Mr. Wilson said there was discussion at the last department head meeting about whether employees who choose not to take the COVID vaccine should receive emergency paid leave if they become sick with COVID. The commission approved to extend emergency paid leave to county employees until March 31, 2021. He is working with the State's Attorney and HR Director to create a policy for possible consideration by the commission.
State's Attorney Birch Burdick said the intent behind this policy is to provide a balance between a safe work environment and personal civil liberties. He has reached out to the North Dakota Insurance Reserve Fund with questions related to this issue.
Mr. Steen asked if the county plans to create a policy for not only COVID but influenza vaccines. He said there are other contagious viruses and questioned where the county draws the line when developing these types of policies.
Mr. Burdick understands the concerns raised by Mr. Steen; however, the Coronavirus has completely changed the world and is unlike any other ailment. Mr. Wilson will provide updates to the commission as questions are answered related to this potential policy.
9. FLOOD DIVERSION, Transfer of sales tax dollars authorized to City of Fargo
Mr. Montplaisir presented a request to transfer 94% of the flood sales tax dollars for December that were paid in January that are dedicated to the FM Metro Flood Diversion project to the City of Fargo.
MOTION, passed
Mr. Steen moved and Mr. Kapitan seconded to authorize the County Finance Director to transfer $1,492,664.53 to the City of Fargo as the fiscal agent for the Metro Flood Diversion Authority. On roll call vote, the motion carried unanimously.
10. FLOOD CONTROL, State Water Commission reimbursement request approved
The state legislature approved a total of $450 million during the last three legislative sessions to be spent on flood control costs. For consideration today is the 112th request for eligible costs incurred from December 1, 2020, to December 31, 2020, for local matching share requirements outlined in House Bill 1020 for the Fargo-Moorhead Metropolitan Area Flood Risk Management Project. Mr. Montplaisir said the request today is larger than normal because of property and land purchases.
The request is for soil boring payments to landowners; land purchases for homeowners living in various areas of Diversion project; residential relocation assistance for homeowners living in project area and commercial relocation assistance for a business in Phase II channel area; right of entry biotic and geomorphic services; pay application for 2nd Street South and Main Avenue flood mitigation; pay application for property structure mitigation; dust control for hauling road; pay application for flood risk management project at Copperfield Court and Oakcreek; pay application for flood risk management project in Belmont Park, Phase 2 along with televised sewer inspection; residential relocation assistance for Riverwood Addition flood risk management project; residential relocation assistance for Royal Oaks flood risk management project; pay applications for house demolition and site restoration in Riverwood, Broadway North, Woodcrest, South Park and Burritt 1st Additions; pay application for Northside flood risk management project along with utility relocation, easement purchase and property purchase recording fees; tree planting along Bison Meadows levee and pond project; pay application for Phase B property structure mitigation; utility relocation for Diversion channel; pay application for OHB ring levee; and engineering, legal and administrative expenses.
MOTION, passed
Mr. Steen moved and Mr. Breitling seconded to authorize the chair to sign reimbursement request #112 in the amount of $12,927,737.07 to the State Water Commission to distribute funds to the Metro Flood Diversion Authority according to the terms and conditions of House Bill 1020. On roll call vote, the motion carried unanimously.
11. VOUCHERS, Approved
MOTION, passed
Mr. Steen moved and Mr. Breitling seconded to approve Voucher No. 323,271 through Voucher No. 323,492 and Electronic Payments 9660 through 9711 for a total of $953,008.36. On roll call vote, the motion carried unanimously.
Commissioners and staff reported on meetings they attended or will be attending in the upcoming weeks.
Mr. Wilson said a letter was received from the Court Facilities Improvement Committee advising the county that the grant application for $60,000 was approved to convert a video courtroom into a dual- purpose video courtroom and jury deliberation room. The grant funds are contingent on whether Burleigh County rejects a large grant award from the committee. If Burleigh County accepts the grant funds, the county would not receive grant funding for 2021.
Mr. Wilson said agenda materials for the next board meeting on February 16th will be provided electronically through SharePoint for commissioners. He said this option is an effort to get away from using paper copies and to assist staff on the preparation side of the agenda process. He said if the board does not like this method, he will continue to look at other options.
13. CORRESPONDENCE, Received and filed
MOTION, passed
Mr. Breitling moved and Mr. Steen seconded to receive and file correspondence outlined by the secretary as follows: Motion carried.
- Letter from Patty Hilbert, Chair of the North Dakota Recorders Information Network (NDRIN), regarding action taken by the NDRIN board to refund $250,000 to county members with the refunds to be deposited into the Document Preservation Fund. Cass County received $22,801.00 in print revenue and $48,145.70 in document count refunds.
MOTION, passed
On motion by Mr. Steen, seconded by Mr. Kapitan and all in favor, the meeting was adjourned at 4:42 PM.
Michael Montplaisir, Finance Director
Cass County, North Dakota
Chad M. Peterson, Chairman
Cass County Board of Commissioners

PAYMENT REGISTER 9684 BERT'S TRUCK EQUIPMENT OF MHD 2,466.00 9685 BOB BARKER COMPANY, INC. 108.00 9686 BRENCO CORPORATION 282.00 9687 BUSINESS ESSENTIALS 34.89 9688 CITY OF ARGUSVILLE 101.12 9689 CURT'S LOCK & KEY SERVICE, INC. 5.20 9690 DAKOTA REFRIGERATION, INC. 268.75 9691 F-M METRO COG 13,910.22 9692 GALLS LLC 1,462.29 9693 HEALTH CENTER PHARMACY 11,454.91 9694 INTERSTATE ALL BATTERY CENTER 2.80 9695 INTOXIMETERS 900.00 9696 LUTHER FAMILY FORD 285.42 9697 MARCO 97.52 9698 MINNKOTA 165.85 9699 PPI CONSULTING 140.00 9700 PROFESSIONAL BUILDING SERVICE, INC. 24,657.93 9701 RAPE & ABUSE CRISIS CENTER 1,948.95 9702 RDO EQUIPMENT CO.-FARGO 71,090.82 9703 RECORD KEEPERS, LLC. 577.52 9704 SCHUMACHER SE, LTD. 2,050.99 9705 THE MINNESOTA CHEMICAL CO. 1,614.24 9706 TURNKEY CORRECTIONS 846.87 9707 TWIN CITY GARAGE DOOR CO. 125.00 9708 VILLAGE FAMILY SERVICE CENTER 1,192.50 9709 VIVID PRINTING 267.00 9711 UNITED WAY OF CASS CLAY 1,176.00 323273 AARONS SALES & LEASE 29.00 323274 AARONS SALES & LEASE 94.00 323275 CORELOGIC CENTRALIZED REFUNDS 9,733.82 323276 CORELOGIC CENTRALIZED REFUNDS 2,317.75 323277 DAHL, MEGAN 136.85 323278 DARLING, JENNIFER 19.99 323279 FM TITLE 2,364.72 323280 KELLY SERVICES, INC. 883.13 323281 KIMBALL G ORWOLL, ATTNY AT LAW 53.00 323282 POLAR COMMUNICATIONS 1.46 323283 REGENCY TITLE INC 12,553.12 323284 RUMELIOTE, KATHRYN 166.18 323285 THE TITLE COMPANY 2,922.92 323286 THE TITLE COMPANY 3,234.56 323287 WOLD JOHNSON PC 10.00 323288 WYOMING FINANCIAL LENDERS AMERICASH 29.00 323289 WYOMING FINANCIAL LENDERS AMERICASH 31.50 323290 AARONS SALES & LEASE 54.00 323291 AARONS SALES & LEASE 94.00 323292 AARONS SALES & LEASE 44.00 323293 BELZER, JOY A 583.17 323294 CITY OF FARGO 4,536.64 323295 THE TITLE COMPANY 8,019.11 323296 WESTERN STATE BANK 27,934.42 323297 BAARSTAD, ELOISE 35.53 323298 BAKKEGARD, KRIS 143.75 323299 CASS COUNTY ELECTRIC CO-OP 114.20 323300 CASS COUNTY JAIL 625.00 323301 DUPLESSY, MARTINE 0.00 323302 MEYER, AMANDA JEAN 51.50 323303 NOE, ALFRED 15.13 323304 PAULSEN, JOEL 224.00 323305 PFAU, DELORES 247.44 323306 GRUSSING, RENEE M. 227.33 323307 ALICE FIRE 1,200.00 323308 CALERO SOFTWARE LLC 27,000.00 323309 CASS COUNTY ELECTRIC CO-OP 2,221.22 323310 CASS COUNTY SHERIFF'S DEPARTMENT 12,722.70 323311 CASS COUNTY STATES ATTORNEY 6,906.90 323312 FRITZ, SYLVESTER OR LOLA 1,562.72 323313 HOME POINT FINANCIAL 200.86 323314 KINGSBURY, THOMAS OR RANDI 298.59 323315 KORLUBAH, KORLU S 13.00 323316 LOPEZ, FRANCISCO & CYNTIA 100.00 323317 MELL, PEARL 2,432.66 323318 MESHBESHER & SPENCE LTD 30.50 323319 ND BUREAU OF CRIMINAL INVESTIGATION 12,722.70 323320 SABO, PETE 46.50 323321 SMERUD, DENNIS & LAURIE 48.52 323322 THOMAS BRAUN BERNARD & BURKE 63.00 323323 THOMAS BRAUN BERNARD & BURKE 65.50 323324 WEISS, MARY 44.60 323325 WEST FARGO POLICE DEPT. 12,722.70 323326 XCEL ENERGY 18,729.35 323327 YEARY, CHRISTOPHER OR TARYN 1,825.77 323328 ACCOUNTS MANAGEMENT INC 49.00 323329 BERNTSEN, KATHLEEN 156.30 323330 BNSF RAILWAY CO 633.00 323331 CASS COUNTY ELECTRIC CO-OP 487.00 323332 CLAY COUNTY ABSTRACT CO 3,135.70 323333 FM TITLE 1,977.86 323334 HERNESMAN, COLTON 53.00 323335 KELLY SERVICES, INC. 703.13 323336 LEMKE, RONALD & SANDRA 2,205.89 323337 ND DEPT. OF HUMAN SERVICES 264.00 323338 ONPOINT TITLE SERVICES LLC 5,262.57 323339 OTTER TAIL POWER COMPANY 103.52 323340 PENNY MAC 1,133.94 323341 PLAINS TITLE LLC 17,837.01 323342 PRECISION LAWN & LANDSCAPE 80.00 323343 THE TITLE COMPANY 1,958.19 323344 BNSF RAILWAY CO 633.00 323345 CASS COUNTY ELECTRIC CO-OP 255.00 323346 CONSOLIDATED COMMUNICATIONS 228.86 323347 AMERICAN MAIL HOUSE, INC. 6,950.90 323348 CITY OF FARGO 59.00 323349 FEDERAL EASTERN INTERNATIONAL LLC 2,174.00 323350 FEDERAL EXPRESS 37.05 323351 MIDWEST BANK 52.00 323352 XCEL ENERGY 4,951.95 323353 AARON'S SALES & LEASE 54.00 323354 AARONS SALES & LEASE 54.00 323355 CORELOGIC 69,457.68 323356 DELL, LARRY OR DEBRA 164.06 323357 FEDERAL EXPRESS 93.12 323358 FM TITLE 39,072.57 323359 KREKELBERG LAW FIRM 45.00 323360 LARSON, BRUCE & LAURA 94.54 323361 MOUNTRAIL COUNTY CLERK OF COURT 500.00 323362 ND GUARANTY & TITLE CO 6,391.42 323363 PAULSEN, JOEL 150.00 323364 PLAINS TITLE LLC 14,254.89 323365 REGENCY TITLE INC 7,277.14 323366 THE TITLE COMPANY 38,810.20 323367 THOMPSON, ROBERT LEONARD 54.00 323368 WEX BANK 935.18 323369 XCEL ENERGY 1,790.10 323370 ADVANCED BUSINESS METHODS 9,114.50 323371 ALLSTATE PETERBILT OF FARGO 109.82 323372 AMERICAN FAMILY INSURANCE 155.00 323373 ANDERSON, STACIE 25.80 323374 BARKUS LAW FIRM, P.C. 2,995.92 323375 BDT MECHANICAL LLC 1,259.76 323376 BROWN, MAVIS 41.98 323377 BUDS SERVICE CENTER 248.00 323378 CASH-WA DISTRIBUTING 506.96 323379 CASS COUNTY ELECTRIC COOP 4,849.00 323380 CDWG, INC. 394.05 323381 CHRISTIANSON'S BUS. FURNITURE 4,414.75 323382 COLE PAPERS, INC. 168.55 323383 CONCORDANCE HEALTHCARE SOLUTIONS 308.36 323384 CRIME SCENE INC 100.00 323385 CUSTOM CONTRACTING SOLUTIONS LLC 2,761.00 323386 DACOTAH PAPER CO. 127.78 323387 DIRKSEN, GAYLE 51.18 323388 DIVERSIFIED CONTRACTORS 31,230.00 323389 DUCKS UNLIMITED 20,400.00 323390 EIDE BAILLY, LLP. 2,165.44 323391 F-M AMBULANCE SERVICE 300.00 323392 FAMILY HEALTHCARE CENTER 9,694.00 323393 FARGO CASS PUBLIC HEALTH 153,745.53 323394 FEDERAL EXPRESS 84.50 323395 FORUM 1,066.91 323396 FRANKLIN, CHRISTINA 100.00 323397 FRS INDUSTRIES, INC. 32.20 323398 GALLAGHER BENEFITS 400.00 323399 HABERMAN, BILL 361.90 323400 HONEYWELL INTERNATIONAL, INC. 7,343.06 323401 JACK HENRY & ASSOCIATES INC. 400.50 323402 JASMIN CHILD CARE & PRESCHOOL 725.00 323403 JOHNSON CONTROLS, INC. 1,538.60 323404 JWD AUTO LLC 190.00 323405 KIESLER'S POLICE SUPPLY, INC. 6,122.00 323406 KLEVEN, JODI 9.78 323407 KORSMO FUNERAL HOME 5,550.00 323408 LANGUAGELINE SOLUTIONS 61.37 323409 LIBERTY BUSINESS SYSTEMS, INC. 195.69 323410 LILL, ASHLEY 56.35 323411 M.I.G. HOLDINGS 126.95 323412 MARQUART, ANDREW S 576.00 323413 MCKESSON MEDICAL SURGICAL 1,650.42 323414 MENARDS 28.88 323415 MICK'S SCUBA 3,128.75 323416 MID-STATES WIRELESS, INC. 1,425.00 323417 MOORE ENGINEERING, INC. 360.00 323418 MOTION INDUSTRIES, INC. 131.56 323419 MUNICIPAL AIRPORT AUTHORITY OF THE 4,011.15 323420 MUUS, SHEILA A. 50.00 323421 ND ASSOCIATION OF COUNTIES 800.00 323422 ND COUNTY TREASURER'S ASSOCIATION 750.00 323423 ND READY MIX & CONCRETE PRODUCTS 25.00 323424 ND STATE RADIO COMMUNICATIONS 1,200.00 323425 NDEMA 100.00 323426 NDSU 511.05 323427 NDSU EXTENSION AG BUDGET 39,239.29 323428 NETCENTER TECHNOLOGIES 480.00 323429 NEXUS PATH FAMILY HEALING 317.75 323430 NORTH CASS WATER RES. DIST. - TAX 4,000.00 323431 OCCUPATIONAL RESEARCH & ASSESSMENT 4,460.00 323432 OFFICE DEPOT 1,194.86 323433 OK TIRE STORE 440.43 323434 OPENGOV INC 7,000.00 323435 OVERHEAD DOOR CO. 145.00 323436 OVERMOE, DESTRIE 9.78 323437 PETRO SERVE USA 584.58 323438 PIGUE, STACY 76.48 323439 PREMIUM WATERS, INC. 11.00 323440 PRINTER SOLUTIONS 309.00 323441 PUBLIC AGENCY TRAINING COUNCIL 1,300.00 323442 QUADIENT LEASING USA, INC. 306.00 323443 REDWOOD TOXICOLOGY LABORATORY, INC. 725.00 323444 SANFORD HEALTH 9,662.81 323445 SANFORD OCCUPATIONAL MEDICINE 755.00 323446 SCHEELS HOME & HARDWARE 4,414.43 323447 SHERIFF, CLAY COUNTY 52.15 323448 SILVER STAR INDUSTRIES 4,970.96 323449 SOUTHPOINT REPAIR CENTER 2,345.22 323450 STAPLES ADVANTAGE 918.14 323451 STURDEVANT'S AUTO PARTS 6.78 323452 SUMMIT FOOD SERVICE, LLC 6,839.05 323453 TELCOLOGIX, LLC 69.50 323454 THOMSON REUTERS-WEST PAYMENT CENTER 3,056.32 323455 TOSHIBA BUSINESS SOLUTIONS USA 4.22 323456 TRACKER PRODUCTS LLC 5,400.00 323457 TRADEMARK UNIFORMS 63.97 323458 VERIZON WIRELESS-VSAT 100.00 323459 VICTORY SUPPLY 3,779.05 323460 WEST FUNERAL HOMES 1,032.00 323461 WEST SIDE STEEL 999.32 323462 BANK OF THE WEST 135.50 323463 BREMER BANK 2,357.78 323464 CAPITAL CREDIT UNION 31.50 323465 CAPITAL CREDIT UNION 49.00 323466 CASS COUNTY JAIL 615.00 323467 COTTRELL GREEN PA 59.00 323468 DUVAL, FERNAND & BETTY 144.86 323469 HEIM, MASON ALLEN 34.00 323470 REGENCY TITLE INC 24.00 323471 SANDSMARK, JAMES D 59.00 323472 THOMPSON, CAROLYLN 9.93 323473 1151 CENLAR 6,366.88 323474 FIRST INTERNATIONAL BANK & TRUST 54.00 323475 KENSOK, RICK 57.35 323476 KNIGHT, DAVID 30.43 323477 LENERTZ, BRUCE ALAN 51.50 323478 LINDSTROM, RICHARD 49.97 323479 MOFFET, SUZANN 10.00 323480 NELSON, CARY 14.65 323481 PETERSON, ALEXIS JO 39.00 323482 RADEBAUGH, DAVID & EMILY 1,993.38 323483 STANSBERY, CHARLY 46.50 323484 THE TITLE COMPANY 17.70 323485 AR AUDIT 278.50 323486 CASS COUNTY DEPUTIES ASSOCIATION 207.00 323487 FRATERNAL ORDER OF POLICE 561.00 323488 MANHATTAN LIFE INSURANCE CO 60.62 323489 MESSERLI & KRAMER 1,250.57 323490 N.C. CHILD SUPPORT 499.00 323491 ND UNITED 1,102.08 323492 NDFOP STATE LODGE TREASURER 1,150.00 TOTAL 953,008.36
(Feb. 17, 2021) 2875763