REGULAR MEETING OF CASS COUNTY BOARD OF COMMISSIONERS APRIL 3, 2023 1.MEETING CALLED TO ORDER Chairman Chad M. Peterson called the meeting to order at 3:31 PM with all members present as follows: Tony Grindberg, Duane Breitling, Jim Kapitan, Mary Scherling, and Chad M. Peterson. 2. PLEDGE OF ALLEGIANCE Taylor Kaushagen led the Pledge of Allegiance. 3. MINUTES APPROVED MOTION, passed Mr. Kapitan moved and Mrs. Scherling seconded that the minutes of the previous meeting be approved as written. Motion carried. 4. AGENDA, Order approved MOTION, passed Mr. Breitling moved and Mr. Kapitan seconded to approve the order of the agenda. Motion carried. 5. CONSENT AGENDA APPROVED MOTION, passed Mr. Grindberg moved and Mr. Kapitan seconded to approve the consent agenda as follows: On roll call vote, the motion carried unanimously. a. Grant a site authorization permit to conduct games of chance under license issued by the North Dakota Attorney General’s Office on July 20, 2023, for the North Dakota Chapters of Delta Waterfowl, Inc. at the Hartl Ag Building, Red River Valley Fairgrounds in West Fargo. b. Approve a permit for fireworks display to be held at 9:00 PM on May 6, 2023, at Starr Fireworks, 10908 38th Street South in Horace, North Dakota. c. Authorize Cass County Government to serve as fiscal agent for NDSU Extension CAP grant with the Department of Human Services; and authorize Cass County Government to serve as fiscal agent for the NDSU Extension Nurturing Program grant. d. Authorize the Coroner’s Office to apply for the 2023 BJA Strengthening the Medical Examiner-Coroner System Grant for a total amount of $12,800. e. Renew beer license for a six month period for 4 Elements Enterprises d/b/a 4e Winery from May 1, 2023 to October 31, 2023 f. Contract approval— - Stutsman County Correctional Center—contract for pretrial detention or incarceration of adult inmates; - Cass County Weed Control—amended weed control work order for various county owned properties. 6. PUBLIC COMMENT Mr. Peterson asked for public comment and hearing none, moved on to the regular agenda items. 7. ROAD, ROW public hearing set for May 15, 2023 The County has been working with the Metro Flood Diversion Authority (FMDA) and Cass County Joint Water Resource District (CCJWRD) on road closures for the construction of the FM Diversion Project. In April of 2021, Cass County, FMDA, and CCJWRD approved a Memorandum of Understanding for the construction of the Diversion over road rights-of-way (ROW). County Assistant Engineer, Matthew Stamness was present and said the County is being asked by the FMDA and CCJWRD to take control of and prepare to close portions of 166th Avenue Southeast, 38th Street Southeast, 13th Avenue West, 26th Street West, 21st Avenue West, and 64th Avenue West. He said 40th Avenue West was removed from this request due to the span being requested by FMDA and CCJWRD is currently a County Road and a separate request will be sent out for the permanent obstruction at a later Commission meeting. Mr. Stamness said pursuant to the terms of the MOU, the next steps are to set a date and time for a public hearing on the requests. He said once the public hearing is set, the Highway Department will send notices of the public hearing to landowners within 1,000 feet of the closures at least 30 days prior to the hearing. He said the request is to set the public hearing for Monday, May 15, 2023 during the regular meeting of the Cass County Commission. He said following the public hearing, the Board will be asked to approve a resolution taking over road ROW and granting permission to permanently obstruct the same and the underlying section lines of each road. MOTION, passed Mrs. Scherling moved and Mr. Breitling seconded to set a public hearing for May 15, 2023 during the regular meeting of the Cass County Commission for a resolution to take over road ROW and grant written permission to permanently obstruct the same of 166th Avenue Southeast, 38th Street Southeast, 13th Avenue West, 26th Street West, 21st Avenue West, and 64th Avenue West. On roll call vote, the motion carried unanimously. 8. ROAD, 2023 spring flood update and emergency declaration approved County Administrator, Robert Wilson was present and said Cass County held a press conference this morning with U.S. Senator John Hoeven, the City of Fargo, the City of West Fargo, the National Weather Service, and the U.S. Army Corps of Engineers to discuss the current flood outlook and preparations taking place. He said last week Chairman Peterson signed an emergency declaration for flooding based on National Weather Service probabilities forecasting. He said the request today is for the Board to retroactively approve the emergency declaration. He said food preparation began last week and are ongoing within the County, and Cities of Fargo and West Fargo. MOTION, passed Mr. Kapitan moved and Mr. Grindberg seconded to retroactively authorize the Chairman to sign the Emergency Declaration for the 2023 Spring Flood Emergency. On roll call vote, the motion carried unanimously. 9. SHERIFF’S OFFICE, School Resource Deputy Program agreements approved County Sheriff Jesse Jahner was present and said the School Resource Deputy Program places a deputy in the Central Cass, Kindred, Maple Valley, Mapleton, and Northern Cass School Districts. He said the program strengthens community relationships with students and parents, strategically places deputies throughout the County, and is important for public safety. He said for the Board’s consideration is the agreements with each school district at the request of the Board during 2023 budget hearings to evaluate the cost share of the program. Mr. Jahner recognized that all of the school district superintendents were present for the meeting in person or via Microsoft Teams. County Sheriff Captain Timothy Briggeman was present and gave a brief history of the School Resource Deputy Program. He said the program began in 2008 with one deputy and has since expanded to include full-time positions at Maple Valley, Northern Cass, Central Cass School Districts and part time at Mapleton and Kindred School Districts. Mr. Briggeman said the Sheriff’s Office pays for all the equipment for the Deputy and 25% of their salary. He said the school district pays for 75% of the Deputy’s salary. He said each year the Deputy’s salary is figured with an increase in merit, approximately 2% and a cost of living increase. He said when determining the increases the Sheriff’s Office works with Human Resource Department to make the best estimate as the contracts are figured and signed before the school districts budgets are approved in June which is also before the County’s budget is determined. Mrs. Scherling asked what a day in the life of a School Resource Deputy looks like. County Sheriff Sargent Joe Crawford was present and said each day is different and the Deputy helps in any way possible by building relationships such as helping sick kids, presenting safety topics to classes, giving students a ride home, and many other tasks to be a helpful resource to students. MOTION, passed Mr. Kapitan moved and Mrs. Scherling seconded to authorize the Sheriff’s Office to sign the School Resource Deputy Program agreements as presented. Discussion: Mr. Jahner asked if the Kindred School District decides to increase their deputy from part time to full time, does this need to come back for the Board for consideration. Mr. Peterson said yes, if additional staff are needed, Mr. Jahner should bring the request to the Board. On roll call vote, the motion carried unanimously. 10. FINANCE OFFICE, HSO Dynamics managed services agreement approved County Finance Director, Brandy Madrigga was present and said in January 2022 Cass County began implementation of the Dynamics 365 enterprise resource planning (ERP) software that coordinates the flow of data between the County’s business processes by linking the general ledger, banking, financials, purchasing, projects, and work orders. She said the go-live for the budget module took place in June of 2022, and the implementation of the remaining financial management system is set to go-live at the end of this week. Ms. Madrigga said during HSO’s initial consultation, it was proposed that the implementation would take 12 months followed by a two year managed service agreement. She said the request today is to approve a 12-month contract with HSO for a post-implementation managed services contract and a budget adjustment if required. Ms. Madrigga said the purchase belongs within the IT budget and was missed as part of the 2023 budget and will be included in the 2024 budget. She said the contract is structured as time and materials, meaning the County will only be billed for services used. She said the contract clearly states the fee of $205 per hour with a maximum of $10,250 per month. County Information Technology Director, Bob Henderson was present and said this is a time and materials contract and will be utilized only when essential. He said departments will report their issue to the Finance Office, who will try to assist, if they cannot assist, the Finance Office will contact IT. He said IT will try to solve the issue and if they cannot fix the issue, select users will put in a request to HSO for assistance. He said the IT budget currently includes an item of $86,000 for managed services for the Country’s current ERP system, the AS400. He said the cost for the AS400 will be replaced with the maintenance of the Dynamics for 2024. MOTION, passed Mr. Grindberg moved and Mr. Kapitan seconded to approve a 12-month contract, commencing April 2023, with HSO Enterprise Solutions, LLC for ongoing time and material managed services at a maximum cost of $10,250 per month, and if required, a related 2023 budget adjustment at year end. On roll call vote, the motion carried unanimously. 11. ADMINISTRATION, Gallagher salary survey and step study implementation approved Mr. Wilson said Commission Policy Manual section 13.90 addresses the County’s Pay Philosophy and directs that every three years the County engage a professional consultant from outside the Fargo-Moorhead area to perform a detailed labor market comparison. He said for years the County has utilized Gallagher for this service. He said Gallagher last completed a salary survey for the County in 2020. He said last year Gallagher completed a study on the number of steps in the County’s pay matrix that was not implemented due to the implementation of a new budgeting system. Mr. Wilson said the request today is to authorize the agreement with Gallagher to complete a salary survey and development of up to three implementation plans to implement the step survey. He said the proposed fee is $40,000. Mr. Grindberg said the State of North Dakota is adding many positions this year, he asked how the County evaluates staffing levels. Mr. Wilson said the County evaluates staffing levels each year through the budgeting process. He said the County relies on Department Heads to determine needed staff and make requests for additional staff. Mr. Peterson said Department Heads provide data and reasoning when making their requests in July during budget hearings, at which time staffing levels are considered by the Commission. Mr. Peterson said the cost of Gallagher is accelerating. He said the North Dakota Association of Counties (NDACo) collects employee salary data from North Dakota counties, and he said consideration should be given to having this service done by NDACo or another entity for use statewide as many North Dakota entities utilize Gallagher’s services. Mr. Wilson said this particular survey has two parts leading to the additional cost. Mrs. Scherling said in the past, time has been an issue and the Commission has not received the results of the survey in time to consider and implement the results prior to budget hearings, she asked if this will be an issue this year. Mr. Wilson said he has been working with Gallagher and the study will be complete in time for budget hearings. Mrs. Scherling asked what services the County is getting with the Salary Survey. Mr. Wilson said Gallagher will do a similar study to what was done in 2018 where they compare Cass County to similar public entities. MOTION, passed Mr. Kapitan moved and Mr. Grindberg seconded to authorize the Chair to sign the agreement for a Salary Study with Gallagher in the amount of $40,000 and authorize a budget adjustment to account 101-1002-411.33-01 in the amount of $29,000. On roll call vote, the motion carried unanimously. 12. VOUCHERS, Approved MOTION, passed Mr. Breitling moved and Mr. Peterson seconded to approve Voucher No. 335925 through Voucher No.336063 and Electronic Payments 13139 through 13158 for a total of $1,494,672.79. On roll call vote, the motion carried unanimously. 13. MEETING UPDATES, Committee reports Commissioners and staff reported on meetings they have attended or will be attending in the upcoming weeks. Mrs. Scherling said she has received numerous phone calls and emails this winter regarding snow removal and the conditions of County roads. She said a main area of recent concern for many County residents is County Road 26. Mr. Soucy discussed the Highway Department’s processes for snow removal. He said maintaining safe roads is the utmost importance of the Highway Department. He said this winter has been challenging for staff and the County does not have a 24/7 operation to complete snow removal. Mrs. Scherling said she had an increase in calls after bad roads on the way to a rural school volleyball tournament, she asked if the superintendents of schools talk with the Highway Department or Sheriff’s Office when considering cancelling school and other school events. Mr. Soucy said the schools do not consult with the Highway Department when considering closures. Mr. Jahner said the schools communicate with their respective School Resource Deputy when considering closures. Mr. Grindberg said he has heard increasing concern with the cables put in between the median on the interstates this summer by the North Dakota Department of Transportation. He said the Commission should pay attention to and monitor the effects the cables have on the snow accumulation between the lanes. Mr. Jahner said the cables have caused issues for law enforcement as this winter people have gone into the ditch and rather than just needing to be pulled out of the snow, people are hitting the cables, leading to more reportable crashes and damage to vehicles. Ms. Madrigga said she wanted to take a moment to recognize Business System Analyst Tami Hansen, Accounting Manager Sarah Heinle, and Treasury Manager Alicia Hildebrand for their essential work on the implementation on the Microsoft Dynamics system. 14. CORRESPONDENCE, Received and filed MOTION, passed Mrs. Scherling moved and Mr. Breitling seconded to receive and file correspondence outlined by the secretary as follows: Motion carried. - Letter from the North Dakota Department of Environmental Quality, Division of Waste Management regarding comments the renewal and modification of a permit for the City of West Fargo’s waste inert landfill. 15. ADJOURNMENT MOTION, passed On motion by Mrs. Scherling, seconded by Mr. Breitling and all in favor, the meeting was adjourned at 4:55 PM. ATTEST: APPROVED: Brandy Madrigga, County Finance Director Cass County, North Dakota Chad M. Peterson, Chairman Cass County Board of Commissioners PAYMENT REGISTER 13139 BOB BARKER COMPANY, INC. 371.56 13140 CODE 4 SERVICES 485.45 13141 FARGO NORTHWEST PIPE FITTINGS 2,688.00 13142 GALLS LLC 5,311.77 13143 HEALTH CENTER PHARMACY 41,283.36 13144 INTOXIMETERS 800.00 13145 LUTHER FAMILY FORD 162.07 13146 MINNKOTA 316.24 13147 ND DEPARTMENT OF CORRECTIONS 3,134.56 13148 ND STATES ATTORNEYS ASSOCIATION 3,150.00 13149 PPI CONSULTING 560.00 13150 ROUGH RIDER INDUSTRIES 7,300.00 13151 SANFORD HEALTH 715.63 13152 SCHUMACHER SE, LTD. 203.80 13154 TURNKEY CORRECTIONS 546.03 13155 YOUTHWORKS 11,834.23 13157 WELLS FARGO BANKS 112,685.59 13158 UNITED WAY OF CASS CLAY 599.00 335925 ABSOLUTE SERVICE LLC 9.00 335926 ACCOUNTS MANAGEMENT, INC. 15.00 335927 FARGO POLICE DEPT 7,441.02 335928 FRONT RANGE LEGAL PROCESS SERVICES 39.00 335929 PAUL, JEROME 43.00 335930 RENAGHAN, REBECCA 34.00 335931 FARGO POLICE DEPT 6,191.25 335932 ALTMAN, REBECCA 484.86 335933 JOHNSON, LESLIE 244.98 335934 JOHNSON, LISA 143.45 335935 MESSNER, AMY 152.97 335936 NAMES, KAITLYN P 44.00 335937 NORWOOD, GLORIA 43.00 335938 NYC DEPARTMENT OF HEALTH 0.00 335939 OLSON, LYNDSEY 690.40 335940 PARROW, JEREMY 262.00 335941 STARION BANK 37,246.31 335942 WILSON, ROBERT 163.20 335943 XCEL ENERGY 26,823.94 335944 CASS COUNTY ELECTRIC CO-OP 804.42 335945 CITY OF WEST FARGO 477.90 335946 GESTON, GREG 39.00 335947 HONEK, LOUANN 480.00 335948 JAHNER, TONYA 312.70 335949 KELM, LEAH 121.91 335950 OTTER TAIL POWER COMPANY 131.76 335951 PESTEL, NICK 106.20 335952 TRIX, RAMSAY I 44.00 335953 AMERICAN MAIL HOUSE, INC. 5,261.83 335954 AT&T MOBILITY 76.47 335955 CASS COUNTY BAR ASSOCIATION 96.00 335956 DWYER LAW OFFICE 8,016.36 335957 FROBIG, ANDREW 328.22 335958 GRAND HOTEL 267.00 335959 LEGAL SERVICES OF NORTHWEST MINNESO 40.50 335960 PENNYMAC LOAN SERVICES 2,031.72 335961 VERIZON WIRELESS 420.12 335962 CASS COUNTY CLERK OF DISTRICT COURT 5,852.38 335963 CASS COUNTY FINANCE 4,028.00 335964 CASS COUNTY JAIL 630.00 335965 CITY OF DAVENPORT 89.25 335966 FRONT RANGE LEGAL PROCESS SERVICES 44.00 335967 HAYNES MELBYE LAW OFFICE, PLLC 39.00 335968 NORTH DAKOTA HOUSING FINANCE AGENCY 114,899.62 335969 STATE OF MONTANA DEPT OF PUBLIC 43.00 335970 FISERV INC 2,103.04 335971 HILTWEIN, RACHAEL 476.29 335972 LANDIS, ASHLEY 203.05 335973 LILL, ASHLEY 376.07 335974 PEPERA, REBECCA 301.96 335975 PIGUE, STACY 140.17 335976 RAGUSE, ERICA 191.26 335977 RITCHELL ABOAH 44.00 335978 UNITED SAVINGS CREDIT UNION 100.00 335979 VALNES, TANNER 242.48 335980 FARGO MOORHEAD TOWING 36.50 335981 FRONT RANGE LEGAL PROCESS SERVICES 39.00 335982 ND DEPT. OF HUMAN SERVICES 228.00 335983 TRAISER, JOSHUA 124.45 335984 VALLIE, ROBERT 400.23 335985 WRIGHT, STEPHANIE P 39.00 335986 XCEL ENERGY 26,684.18 335987 A & B BUSINESS SOLUTIONS, INC. 81.85 335988 AGWEEK 124.00 335989 ANY LAB TEST NOW FARGO 189.00 335990 AT&T 1,585.00 335991 AXON ENTERPRISE INC 262,092.00 335992 BUTLER MACHINERY 6,351.09 335993 CINTAS 7.99 335994 COMFORT SUITES 88.20 335995 EARL’S REPAIR 1,648.38 335996 F-M AMBULANCE SERVICE 300.00 335997 FAMILY HEALTHCARE CENTER 5,971.00 335998 FARGO CASS PUBLIC HEALTH 129,835.44 335999 FARGO LINOLEUM COMPANY 29,322.00 336000 FARGO PUBLIC SCHOOLS 70.00 336001 GATEWAY CHEVROLET 60,387.80 336002 GRAINGER, W.W. 40.87 336003 HEGER, BRAD 10.00 336004 HOBART SALES AND SERVICE 242.50 336005 J & M PRINTING INC 1,100.50 336006 JIFFY LUBE-FARGO 252.82 336007 KASOWSKI GUBRUD REPAIR 539.29 336008 KELLY SERVICES, INC. 4,401.95 336009 KIESLER’S POLICE SUPPLY, INC. 110.92 336010 KLEIN MCCARTHY ARCHITECTS 341,506.68 336011 LANGUAGELINE SOLUTIONS 53.84 336012 M.I.G. HOLDINGS 485.76 336013 MARQUART, ANDREW S 198.00 336014 MARSH & MCLENNAN AGENCY LLC 50.00 336015 MID-STATES WIRELESS, INC. 4,995.00 336016 MUNICIPAL AIRPORT AUTHORITY OF THE 4,011.15 336017 NACC 447.00 336018 NAPA CENTRAL 48.15 336019 NEPSTAD OIL CO. 2,647.57 336020 NETCENTER TECHNOLOGIES 948.46 336021 ODP BUSINESS SOLUTIONS, LLC 57.26 336022 OFFICE DEPOT BUSINESS CREDIT 85.48 336023 OFFICE EXPERTS 350.00 336024 OK TIRE STORE 806.70 336025 OTIS ELEVATOR COMPANY 624.45 336026 PRAIRIE ST JOHN’S 73,949.00 336027 SAFE RESTRAINTS INC 1,597.12 336028 SAM’S CLUB/SYNCHRONY BANK 142.88 336029 SANFORD HEALTH 7,020.97 336030 SHERIFF, CLAY COUNTY 52.15 336031 SIGN PRO 45.00 336032 SOUTHPOINT REPAIR CENTER 647.12 336033 STAR EQUIPMENT 518.08 336034 SUMMIT FOOD SERVICE, LLC 11,906.57 336035 TELCOLOGIX, LLC 407.50 336036 THOMSON REUTERS-WEST PAYMENT CENTER 3,024.41 336037 TOTAL IMAGING 187.99 336038 VICTORY SUPPLY 216.00 336039 VINCO, INC. 55,018.22 336040 WOLF, STAN 28.18 336041 YWCA 3,619.38 336042 BROOKWOOD ESTATES LLC 41.50 336043 BROOKWOOD ESTATES LLC 11.50 336044 BULLEN LAW OFFICE PLLC 33.00 336045 CASS COUNTY ELECTRIC CO-OP 2,303.09 336046 DAVID C GUNN, ATTORNEY AT LAW 18.00 336047 HALPERN COTTRELL GREEN PA 34.00 336048 MINNESOTA DEPT OF HUMAN SERVICES 20.00 336049 MN BUREAU OF CRIMINAL APPREHENSION 15.00 336050 ND ATTORNEY GENERAL’S OFFICE 15.00 336051 PETERSEN, AMY 36.25 336052 SPELDRICH, LYNZIE SCHMID 282.31 336053 STEINGAARD, CRAIG 500.47 336054 TAYLOR COUNTY CPS & PROTECTIVE 38.00 336055 VOLLBRECHT, KEITH 390.00 336056 CASS COUNTY JAIL 625.00 336057 FRONT RANGE LEGAL PROCESS SERVICES 29.00 336058 WEX BANK 18,156.17 336059 YOST & BAILL 8.00 336060 CASS COUNTY DEPUTIES ASSOCIATION 182.00 336061 FRATERNAL ORDER OF POLICE 693.00 336062 ND UNITED 516.12 336063 NDFOP STATE LODGE TREASURER 1,647.00 TOTAL 1,494,672.79 (April 19, 2023) 213851