REGULAR MEETING OF CASS COUNTY BOARD OF COMMISSIONERS NOVEMBER 19, 2018 1.
REGULAR MEETING OF CASS COUNTY BOARD OF COMMISSIONERS
NOVEMBER 19, 2018
1. MEETING CALLED TO ORDER
Chairman Rick Steen called the meeting to order at 3:30 PM with members present as follows: Arland H. Rasmussen, Mary Scherling, Chad M. Peterson, and Rick Steen. Vern Bennett was absent.
2. PLEDGE OF ALLEGIANCE
Heather Worden led the Pledge of Allegiance.
3. MINUTES APPROVED
MOTION, passed
Mr. Rasmussen moved and Mr. Peterson seconded that the minutes of the
previous meeting be approved as written. Motion carried.
4. AGENDA, Order approved
MOTION, passed
Mr. Peterson moved and Mr. Rasmussen seconded to approve the order of
the agenda. Motion carried.
5. CONSENT AGENDA APPROVED
MOTION, passed
Mrs. Scherling moved and Mr. Peterson seconded to approve the consent
agenda as follows: On roll call vote, the motion carried unanimously.
a. Receive financial statement from the Auditor’s Office for the month ended October 31, 2018.
b. Receive and file an Indemnity Bond on Lost Instrument for Scott Stofferahn; and authorize the county auditor and county treasurer to issue a duplicate check.
c. Authorize the chairman to sign a quit claim deed with Twin Cities Design, LLC, for a tax- forfeited property (parcel 02-5830-00370-000) redeemed by the former owner.
d. Grant final plat approval for a minor subdivision located in Section 16, Township 138 North, Range 50 West, in Cass County, North Dakota.
e. Authorize the Cass County Engineer to sign as the sponsoring official for the Transportation Alternatives (TA) grant program application for the Northern Cass Pass Multi-Use Path project.
f. Contract approval
- State of North Dakota Court Administrator—amended contract to cover legislative fees when Mapleton municipal court cases are transferred to the East Central Judicial District Court for jury trials;
- Panoramic VetPro, Inc.—license service agreement for veteran management software to replace the old system used by the Veterans Service Office (funds are included in 2019 budget);
- Village Business Institute—contract renewal for 2019 Employee Assistance Program (EAP).
6. PRESENTATION OF SCHOLARSHIP AWARD
Robert Wilson, County Administrator, said each year that the North Dakota Association of Counties (NDACo) presents college scholarship awards to children and grandchildren of county employees. This year Beth Podoll, daughter of Frank Podoll from the Highway Department, was chosen as a recipient. Beth attends college at North Dakota State University in Fargo, and she was present to accept the award.
7. OMITTED ASSESSMENTS, County 20 Storage; item tabled until next meeting
Michael Montplaisir, Cass County Auditor, discussed omitted assessments for County 20 Storage and Transfer located at 4455 33 rd Street North in Fargo. The property is a large lot with two buildings. The Fargo City Assessor added the first building in 2015. Earlier this year the city found there was another building on the lot that was not being assessed and informed the county auditor about omitted assessments for tax years 2016 and 2017. Mr. Montplaisir said under state law the county auditor is required to correct the assessment, hold a hearing, and make a recommendation to the commission. A hearing was held this morning for omitted values of $487,000 for 2016 and $487,000 for 2017. The 2018 value will be $524,000. The added value will result in additional taxes of $6,379 for 2016 and $6,964 for 2017.
Mr. Rasmussen said the error is not the fault of the owner and does not think it is appropriate to tax them even if it is allowed under state law. Mr. Montplaisir said the law is clear that once it has been determined an assessment was omitted, the county auditor needs to correct the tax roll and compute the taxes on the property.
MOTION, withdrawn
Mr. Peterson moved and Mrs. Scherling seconded to approve an omitted
assessment for County 20 Storage and Transfer owned by Robert and Patty
Nelson for Parcel No. 01-7780-00603-000 and adjust the values accordingly
for tax years 2016, 2017, and 2018 as presented by the County Auditor.
An individual representing the property owner arrived at this time. Mr.
Peterson and Mrs. Scherling withdrew the motion to allow the person to
provide information on the item.
Tari Birkelo, Assistant Operations Manager of County 20 Storage & Transfer, was present. She is also the daughter of the business owner. Their business has paid its real estate taxes and obtained the proper building permits for new structures. She does not object to the 2018 assessment being corrected; however, the added taxes for 2016 and 2017 will create a hardship for the business.
State’s Attorney Birch Burdick referred to NDCC 57-14-01, which relates to omitted assessments. He offered to review the law in more detail to see if it allows any exceptions to the requirements regarding omitted assessments.
MOTION, passed
Mr. Peterson moved and Mr. Rasmussen seconded to table action on the
omitted assessment to allow a review of state law by State’s Attorney Birch
Burdick. On roll call vote, the motion carried unanimously.
Mr. Burdick will provide additional information on the law to Commissioners and the property owner after he has completed his research. The item will be scheduled on the next agenda for consideration.
8. BLUE CROSS BLUE SHIELD, Auditor authorized to act as agent and sign ballot The board discussed a ballot for the annual meeting of Noridian Mutual Insurance Company (NMIC) doing business as Blue Cross Blue Shield of North Dakota. The ballot is to vote for NMIC Board of Directors and a Plan of Reorganization.
MOTION, passed
Mr. Peterson moved and Mrs. Scherling seconded to authorize the county
auditor to act as county agent and sign the ballot for the Blue Cross Blue
Shield of North Dakota election, and vote for Greg Glasner, MD for Provider
Director; Michael Schumacher, James Larson, David Sprynczynatyk, and
Casey Stoudt for Consumer Directors; and for approval of the Plan of
Reorganization. Motion carried.
9. SHERIFF SALARY FOR 2019, Approved
Mr. Wilson said last month the board approved a salary range and paygrade for the Cass County Sheriff, but decided to wait until after the election to choose a step within the paygrade to determine the salary. He provided a spreadsheet with salaries of sheriffs and police chiefs from this region and included information on the range of steps for the 004 paygrade, which was chosen by the board. The salary range for the paygrade is $90,091 to $135,121. He and the Human Resources Director recommend placing Sheriff-elect Jesse Jahner at either Step 5 ($102,953.76) or Step 6 ($106,165.28) based on Mr. Jahner’s years of experience with Cass County and also considering comparable salaries of other law enforcement officials. Mr. Wilson met with Mr. Jahner last week, who provided updated comparable salary information for the board to consider. Sheriff-elect Jesse Jahner was present. He is asking the board to consider setting his 2019 salary at a Step 12 ($119,030.08) based on his experience, training, responsibility of the position and comparable salaries of other local law enforcement officials. Mr. Peterson believes Step 6 is too low, but is struggling with setting the salary at Step 12. He would be more comfortable with a salary somewhere in the middle of these two figures. Mr. Rasmussen believes Mr. Jahner provided good reasoning and additional data to support his request. Mr. Rasmussen said when the board determines salaries for elected officials, the decision affects potential candidates who may run for the office in the future.
MOTION, failed for lack of a second
Mr. Rasmussen moved to set the Sheriff’s salary at Grade 004, Step 12 with a
2019 annual salary of $119,030.08. The motion failed due to lack of a second.
The board asked what the salary would be at a Step 9 of the paygrade. Mr. Wilson said it is $114,204.48.
Sheriff Paul D. Laney was present. He said twelve years ago when he was elected, his salary was determined by taking an average of the five local entities of Cass County, Clay County, Fargo, Moorhead and West Fargo. He believes the request made by Captain Jahner is fair for the duties of this position.
MOTION, failed
Mr. Rasmussen moved and Mr. Steen seconded to set the Sheriff’s salary at
Grade 004, Step 12 with a 2019 annual salary of $119,030.08. The motion
failed due to a tie vote with Mr. Rasmussen and Mr. Steen voting “Yes”; and
Mr. Peterson and Mrs. Scherling voting “No”.
MOTION, failed
Mr. Peterson moved and Mrs. Scherling seconded to set the Sheriff’s salary
at Grade 004, Step 9 with a 2019 annual salary of $114,204.48. The motion
failed due to a tie vote with Mr. Peterson and Mrs. Scherling voting “Yes”;
and Mr. Rasmussen and Mr. Steen voting “No”.
The board asked for Step 10 and Step 11 salary figures, which are $115,818.56 and $117,430.56 respectively.
MOTION, passed
Mr. Rasmussen moved and Mr. Steen seconded to set the Sheriff’s salary at
Grade 004, Step 11 with a 2019 annual salary of $117,430.56. On roll call vote,
the motion carried unanimously.
10. JAIL CAMERA SYSTEM UPGRADE, Chairman authorized to sign purchase order with Accurate Controls Mr. Wilson said the 2019 budget includes $141,000 to upgrade the video system from analog to high definition (HD) technology at the Cass County Jail, which will cover only the cost of the computer hardware or the “backbone” of the system. The total cost of the project is $428,000 and will include replacement of the current cameras at the jail and electrical wiring. Funds are available in the Jail Commissary Fund to cover the cost difference. Accurate Controls, the vendor that supplies the jail video equipment, informed Buildings and Grounds staff that their 2019 work calendar is filling up and needed a purchase order to reserve time in their schedule for the project.
Mr. Rasmussen asked about the balance in the Jail Commissary Fund. Captain Andy Frobig, Jail Administrator, said there is over $700,000 available, and this cost is an appropriate use of the fund.
Mr. Burdick said bids were not requested for this project and asked about the reasons to support a sole source approach. Mr. Wilson said Accurate Controls administers the current video system and going with this vendor will allow for compatibility and integration with the system in place at the other county campuses. Captain Frobig said Accurate Controls also oversees the electronic door systems at county buildings.
MOTION, passed
Mr. Peterson moved and Mr. Rasmussen seconded to authorize the chairman
to sign a purchase order with Accurate Controls in the amount of $355,248.84
for the purchase of jail surveillance cameras and related equipment. On roll
call vote, the motion carried unanimously.
11. COURT FACILITIES IMPROVEMENT GRANT APPLICATION, Chairman authorized to review and sign application
Mr. Wilson said December 31 st is the deadline for counties to submit applications for Court Facilities Improvement Grant funding through the North Dakota Supreme Court. Grant funds may be used for improvements or maintenance projects to the court facilities and are available for up to 75% of the total project cost.
Mr. Wilson discussed facility needs with department heads and District Court Administrator Rod Olson. The preferred project involves converting a storage room on the second floor of the Courthouse into a jury assembly/county training room. Grant funds would be used to re-paint and re-carpet the room, and purchase classroom style tables, chairs and related equipment. Currently, the County Recorder stores books in this room. The books could be moved to the former Coroner’s Office space on the Courthouse second floor that is vacant. The only thing needed would be specialty shelving to store the books. Mr. Peterson questions whether this is the best use of the space and prefers the option he suggested last year to combine the storage room and other adjacent courtroom into a larger courtroom and jury assembly room, but will not object to submitting this project for consideration.
MOTION, passed
Mr. Peterson moved and Mr. Steen seconded to authorize the chairman to
review and sign the application for the Court Facilities Improvement grant.
On roll call vote, the motion carried unanimously.
12. VOUCHERS, Approved
MOTION, passed
Mrs. Scherling moved and Mr. Peterson seconded to approve Voucher No.
310,815 through Voucher No. 311,098. On roll call vote, the motion carried
unanimously.
13. MEETING UPDATES; LEGISLATIVE LUNCHEON; COUNTY RECORDER INTERVIEWS, Committee reports Commissioners reported on meetings they have attended or will be attending in the upcoming weeks. The board had previously set December 3 rd for the legislative luncheon; however, local legislators will be in Bismarck that day. The board decided to schedule the legislative luncheon for Monday, December 10 th at 11:30 AM. Mrs. Scherling said interviews were held earlier today with candidates for the County Recorder position. The term for Jewel Spies, County Recorder, will expire on December 31 st . Last year the commission approved that this position be appointed.
14. CORRESPONDENCE, Received and filed
MOTION, passed
Mr. Peterson moved and Mrs. Scherling seconded to receive and file
correspondence outlined by the secretary as follows: Motion carried.
- Letter from Apex Engineering requesting comments on any environmental
concerns with a proposed roadway reconstruction project on North University Drive
from 32 nd Avenue North to 40 th Avenue North in Fargo;
- Notice of annual fall meeting of the Cass County Township Officers’ Association to be held on Tuesday, November 27 th at 7:30 PM at the Day’s Inn in Casselton.
15. ADJOURNMENT
MOTION, passed
On motion by Mr. Peterson, seconded by Mr. Rasmussen and all in favor, the
meeting was adjourned at 4:53 PM.
ATTEST: APPROVED:
Michael Montplaisir, Auditor Richard Steen, Chairman
Cass County, North Dakota Cass County Board of Commissioners
PLANNING MEETING OF CASS COUNTY BOARD OF COMMISSIONERS
NOVEMBER 19, 2018
1. MEETING TO ORDER
Commissioners met for an informal planning meeting at 5:02 PM on Monday, November 19, 2018, in the Commission Conference Room at the Cass County Courthouse. Present were current Commissioners Mary Scherling, Chad M. Peterson, Rick Steen, Arland Rasmussen, and Commissioner-elect Duane Breitling. Commissioner Vern Bennett was absent. Also present were Robert Wilson, County Administrator and Heather Worden, Administrative Assistant.
2. CHAIR AND VICE CHAIR NOMINATIONS
Commissioners discussed the chair and vice chair positions. The names will be submitted for board approval at the first meeting in December, which is December 3, 2018.
MOTION, passed
Mr. Peterson moved and Mr. Steen seconded to nominate Mary
Scherling, the current vice chairwoman, to serve as Cass County
Commission Chairwoman for the term of December 3, 2018, through
December 2, 2019. Motion carried.
MOTION, passed
Mr. Steen moved and Mr. Rasmussen seconded to nominate Chad
Peterson to serve as Cass County Commission Vice Chairman for the
term of December 3, 2018, through December 2, 2019. Motion carried.
3. PORTFOLIOS, COMMITTEE APPOINTMENTS, MEETING DATES
The board will take formal action at the first meeting in December regarding portfolios, committee/board appointments and meeting dates. Commissioners discussed portfolio assignments for the upcoming year. Mrs. Scherling was assigned Administrative Services; Mr. Peterson—Human Services; Mr. Breitling—Planning & Operation Services; Mr. Steen—Public Safety Services; and Mr. Bennett—Legal Services. There was discussion about other board and committee assignments, including outside agency representation.
4. OTHER BUSINESS
Agenda Item - Public comment
Mr. Wilson asked the board if they would like to add “public comment” as a regular item on agendas. The consensus of the board was to include it as an item immediately after the consent agenda.
Agenda Item - Employee recognitions
Mr. Wilson asked the board if they would like to add “employee recognitions” as a regular item on agendas. The consensus of the board is that departments are in the best position to recognize their employees. Also work anniversaries are included in the county newsletter, and the commission sends letters to employees with mile-marker anniversaries.
Rotational Meetings for Tax Incentive Projects
Mr. Wilson asked if the board would like to schedule regular rotational meetings to discuss tax incentive projects for Fargo and West Fargo. Commissioners would like Mr. Wilson to discuss the option with the other entities involved and bring back a recommendation.
Strategic Planning Session
Mr. Wilson discussed setting up the strategic planning session with commissioners and departments. The board set the date for Tuesday, January 22 nd from 11:00 AM to 2:00 PM.
5. ADJOURNMENT
There being no further business, the chairman declared the meeting adjourned at 5:52 PM.
ATTEST: APPROVED:
Michael Montplaisir, Auditor Richard Steen, Chairman
Cass County, North Dakota Cass County Board of Commissioners
(December 10, 2018)2705065