REGULAR MEETING OF CASS COUNTY BOARD OF COMMISSIONERS APRIL 17, 2023 1. MEETING CALLED TO ORDER Chairman Chad M. Peterson called the meeting to order at 3:30 PM with all members present as follows: Tony Grindberg, Duane Breitling, Mary Scherling, and Chad M. Peterson in person and Jim Kapitan via Microsoft Teams. 2. PLEDGE OF ALLEGIANCE Taylor Kaushagen led the Pledge of Allegiance. 3. MINUTES APPROVED MOTION, passed Mrs. Scherling moved and Mr. Grindberg seconded that the minutes of the previous meeting be approved as written. Motion carried. 4. AGENDA, Order approved MOTION, passed Mr. Grindberg moved and Mr. Breitling seconded to approve the order of the agenda. Motion carried. 5. CONSENT AGENDA APPROVED MOTION, passed Mrs. Scherling moved and Mr. Grindberg seconded to approve the consent agenda as follows: On roll call vote, the motion carried unanimously. a. Receive monthly financial statement from the Finance Office for month ended March 31, 2023. b. Authorize Chair to sign deed to the City of Grandin for a property not sold at the annual sale of tax-forfeited properties on November 15, 2022. c. Accept the findings and recommendations of the Planning Commission and staff and approve the final plat for Jones Second Subdivision and Buhr Erickson Farms Subdivision as the proposals meet the goals and objectives of the Cass County Comprehensive Plan, the Cass County Highway Access Plan, the Flood Damage Prevention Ordinance, the Cass County Subdivision Ordinance, and all other applicable regulations. d. Adopt and authorize chair to sign Resolution #2022-04, proclamation for National Foster Care Month, May 2023: NATIONAL FOSTER CARE MONTH 2023 Honoring, Uniting, and Celebrating Families RESOLUTION #2023-04 WHEREAS, the family, serving as the primary source of love, identity, self-esteem, and support, is the very foundation of our communities and our State, and WHEREAS, in Cass County there are approximately 260 children and youth in foster care being provided with a safe, secure, and stable home along with the compassion and nurture of a foster family, and WHEREAS, foster families, who open their homes and hearts and give hope to children whose families are in crisis, play a vital role helping children and families heal and reconnect, and launching children into successful adulthood, and WHEREAS, there are numerous individuals, public and private organizations who work to increase public awareness of the needs of children in and leaving foster care as well as the enduring and valuable contribution of foster parents, and the foster care “system” is only as good as those who choose to be part of it, NOW, THEREFORE, I, Chad Peterson, by virtue of the authority vested in me as Chair of the Board of Cass County Commissioners do hereby proclaim May of 2023 as FOSTER CARE MONTH in Cass County and urge all citizens to come forward and do something positive that will help change a lifetime for children and youth in foster care. 6. PUBLIC COMMENT Mr. Peterson asked for public comment and, hearing none, moved on to the regular agenda items. 7. COUNTY PLANNING, Final plat for K & S Johnson Subdivision approved County Planner, Grace Puppe was present and the Cass County Planning Commission reviewed the application of the proposed subdivision located in Maple River Township, Section 13 at a Public Hearing on March 23, 2023. She said the intended purpose of the subdivision is to get a 911 address assigned for a single resident farmstead on the parcel. The 10.7 acre lot was sold through a Quit Claim Deed on March 1, 2023 from Jane M. Piper Revocable Living Trust to Sarah and Kirk Johnson and Maple River Township issued a building permit for the property on August 1, 2022 with that application for building permit a copy of the minor subdivision plot was attached. The plat was not submitted to the Cass County Planning Department at that time. On February 14, 2023 a minor subdivision application was submitted to the County in request of a 911 address. As part of the subdivision requirements a deed restriction is necessary as the parcel is less than 40 acres. The applicant submitted a variance request from the deed restriction requirement. During the Planning Commission meeting there was discussion about the differences between the County Subdivision ordinance and the township zoning ordinances and what each is used to regulate. Upon roll call vote with all in favor, motion carried to deny the variance from the deed restriction requirement by the Planning Commission. Ms. Puppe said since the Planning Commission meeting, the applicants have submitted preliminary deed restriction that meets the requirements of the Subdivision Ordinance. Mr. Peterson opened a public hearing on the final plat approval for the variance application for K & S Johnson Subdivision. Property owners Sarah and Kirk Johnson were present. Ms. Johnson discussed the County’s right to regulate subdivisions and what she believes are flaws in the County’s subdivision ordinance and the plans used to create the ordinance. Ms. Johnson asked the Commission to reevaluate the subdivision ordinance and the way the County regulates subdivisions. She said the County’s subdivision ordinance causes undue hardships to minor subdivisions through the requirements of the variance request. Mr. Grindberg said he appreciates the time and effort Ms. Johnson put into reviewing the subdivision ordinance and said the County shall look into the points brought forward. Mr. Peterson thanked the Johnsons for being present and said it never hurts to review policy. Ms. Puppe said since the Johnsons have submitted the preliminary deed restriction, her recommendation is for the Board to approve the plat with the variance. Mr. Grindberg asked if the ordinance and regulations are looked at as suggested by Ms. Johnson, is there an opportunity for the County to change the deed restriction in the future. County Engineer, Jason Benson was present and said the updated Subdivision Ordinance allows for a change to the deed restriction. MOTION, passed Mr. Grindberg moved and Mr. Breitling seconded to accept the findings and recommendations of the Planning Commission and staff and approve the final plat for K & S Johnson Subdivision with the variance request as the proposal meets the goals and objectives of the Cass County Comprehensive Plan, the Cass County Highway Access Plan, the Flood Damage Prevention Ordinance, the Cass County Subdivision Ordinance, and all other applicable regulations. On roll call vote, the motion carried unanimously. 8. ROAD, 2023 Spring flood update Mr. Benson gave an update on 2023 spring flood activities. He said the flood outlook is now expected to be between the 25% to 50% chance, depending on precipitation in the upcoming days. He discussed the following outlooks: the Wild Rice River at Abercrombie is projected to crest at 19.7 feet, the Red River at Hickson is expected to crest at 32 feet, the Red River at Fargo is expected to crest at 33.2 feet, the Sheyenne River at Kindred is expected to crest at 19.5 feet, the Sheyenne at Harwood is expected to crest at 90.9 feet, and the Maple River at Mapleton is expected to crest at 20.9 feet. He said last week, the County along with assistance from the City of Fargo and West Fargo were able to fill 200,000 sandbags with over 2,000 volunteers and 4,500 volunteer hours. Mr. Benson said more than 25,000 sandbags have already been delivered to property owners. He said over the weekend many of the sandbags were brought to the Davenport and Grandin area. Mr. Benson said the County will deploy a temporary levee construction on Chrisan Boulevard and 76th Avenue if the Red River crests above 35 feet. Mr. Benson said areas around the County have seen overland flooding due to stack up from the ditches. He said once the ditches open and water is able to flow, some of the overland flooding issues will subside. Mr. Benson said a number of roads are water covered and the Highway Department, Sheriff’s Office, and GIS Department are working together to keep road closure information up to date on the County’s flood website. Mrs. Scherling asked if road closure information can be synced with Google Maps and other map applications for ease of the public. Mr. Benson said Google Maps tracks crashes and other incidents based on user location data. He said currently the County’s GIS information cannot be synced with any other programs. Mr. Benson said public meetings were held in Kindred and Harwood last week and additional public meetings are on hold and may be held next week depending on river levels. He said the County is planning to open the Tactical Operations Center (TOC) next Monday to assist the public with flood fighting efforts including answering the flood hotline. 9. JAIL, Housing Addition bids and Notice to Proceed approved County Administrator, Robert Wilson was present and said bids were received for the Jail Housing Addition project on Wednesday, April 12th. He said the lowest bids were from Meinecke-Johnson Company as the general contractor for $16,343.500, Peterson Mechanical, Inc. as the mechanical contractor for $5,897,700, and from Vinco Inc. as the electrical contractor for $4,391,315 with a total construction cost with all four bid alternates at $26,543,515. He said at the public bid opening, Peterson Mechanical hand wrote an increase to the base bid to add an additional $150,000 and the States Attorney’s Office reviewed the process and advised it was allowable to accept the increase as it was still the lowest bid. Mr. Wilson said the total construction cost is under the engineer estimate which was 29,476,857. Mr. Wilson said the architect, Klein McCarthy, is working to update the total project cost, notice to proceed documents, and contracts. He said he anticipates the contractor agreements will be prepared for the next Board meeting. MOTION, passed Mr. Breitling moved and Mr. Grindberg seconded to authorize the Chair to sign notices to Proceed documents for general contractor work performed by Meinecke-Johnson, mechanical contractor work performed by Peterson Mechanical and electrical contractor work performed by Vinco Inc. On roll call vote, the motion carried unanimously. 10. ROAD, Highway Department remodel/addition contracts approved Mr. Wilson said on March 20th, the Board authorized County staff to negotiate contracts with the lowest bidders for the Highway Department remodel addition. He said for the Board’s consideration today are the contracts with the low bidders to complete the project. MOTION, passed Mrs. Scherling moved and Mr. Breitling seconded to Authorize the Chair to sign General Contractor agreement with Diversified Contractors in the amount of $1,898,800, Mechanical Contractor agreement with Manning Mechanical in the amount of $980,000 and Electrical Contractor agreement with Vinco in the amount of $217,000. On roll call vote, the motion carried unanimously. 11. BUILDINGS, Robert D. Johnson Building purchase offer approved Mr. Wilson said updates have been provided at the last several Building Committee meetings about ongoing discussions between Cass County and the Fargo Park District about the potential for Cass County to acquire the Park District-owned Robert D. Johnson Building located at 1104 2nd Avenue South, west of the Annex Parking lot. He said most recently he, Commissioners Scherling and Peterson, Assistant County Administrator Tracy Peters, and Finance Director Brandy Madrigga met with Fargo Park District representatives on April 11th to explore a possible transaction. He said discussions about the potential purchase have been informal for several years and it was recognized neither governing Board has formally considered the transaction. He said as a result of recent discussions, it was suggested the County Commission consider action to authorize submission of a proposal to purchase the Robert D. Johnson building from the Fargo Park District for $750,000. Mr. Grindberg asked if a formal inspection had been done on the building. Mr. Wilson said there has been no formal building inspection, Buildings and Grounds Supervisor Gene Gartner and Commissioner Peterson have viewed the building. Mr. Grindberg said he would like a formal building inspection to be completed prior to purchasing the building. Mr. Peterson said the County spent millions to purchase flood properties and sold the properties to Fargo Park District for $1 and believes the County should purchase the RDJ Building at a price that makes Fargo Parks whole for what they paid for the building. He said Cass County is growing and will need additional building space. He said the 2023 building fund includes $3 million to purchase and modify the building for the use of election training and storage. Mrs. Scherling said she is supportive of purchasing the building for not more than $750,000. She said during discussions with Fargo Parks, representatives expressed they would like the building to stay within local government. MOTION, passed Mr. Grindberg moved and Mr. Breitling seconded to authorize the purchase offer of the Robert D. Johnson Building from Fargo Parks for $750,000 contingent upon a satisfactory building inspection. On roll call vote, the motion carried unanimously. 12. VOUCHERS, Approved Mr. Peterson said he reviewed the vouchers and recommended they be approved as presented. He said with the new accounting system, the voucher list looks different and the Finance Office is working to create a more detailed statement, similar to the report the old system generated. MOTION, passed Mr. Breitling moved and Mr. Peterson seconded to approve Voucher No. 336064 through Voucher No.336281 for a total of $1,276,284.93. 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. 14. ADJOURNMENT MOTION, passed On motion by Mrs. Scherling, seconded by Mr. Breitling and all in favor, the meeting was adjourned at 5:18 PM. ATTEST: Brandy Madrigga, County Finance Director Cass County, North Dakota APPROVED: Chad M. Peterson, Chairman Cass County Board of Commissioners PAYMENT REGISTER 336281 YOUNGGREN, RYAN 248.90 336280 XCEL ENERGY 42,768.95 336279 WRIGHT FUNERAL HOME 2,200.00 336278 WILSON, ROBERT 61.70 336277 WIENCKOWSKI, DENISE 1,098.43 336276 WEST FUNERAL HOMES 2,775.00 336275 WEST CENTRAL REGIONAL JUV. CENTER 57,053.00 336274 VIVID PRINTING 131.00 336273 VILLAGE FAMILY SERVICE CENTER 1,207.50 336272 VICTORY SUPPLY 3,225.00 336271 USA TODAY 312.50 336270 US IMAGING 39,088.60 336269 TYLER TECHNOLOGIES, INC. 4,966.80 336268 TURNKEY CORRECTIONS 625.31 336267 TSCHIDA, THOMAS 165.20 336266 TRAISER, JOSHUA 255.45 336265 TRADEMARK UNIFORMS 274.94 336264 TOSHIBA BUSINESS SOLUTIONS USA 9.35 336263 TLK HOLDINGS 766.30 336262 THOMSON REUTERS-WEST PAYMENT CENTER 218.04 336261 THE PALLET COMPANY 10,265.00 336260 THE MEDICINE SHOPPE 51.07 336259 THE LOCKSHOP 124.40 336258 TELCOLOGIX, LLC 1.00 336257 TEAM LABORATORY CHEMICAL LLC 181.00 336256 SWANSTON EQUIPMENT CO. 147.54 336255 SUMMIT FOOD SERVICE, LLC 35,627.43 336254 STUTSMAN COUNTY CORRECTION CENTER 8,625.00 336253 STRUCTURAL MATERIALS, INC. 2,500.00 336252 STRAUS TAILOR SHOP 423.00 336251 STAPLES ADVANTAGE 928.88 336250 SPECTRUM HOME CARE COMPANIES 1,036.42 336249 SOUTHPOINT REPAIR CENTER 1,252.88 336248 SOUCY, THOMAS 64.90 336247 SOLUTIONS BEHAVIORAL HEALTHCARE PRO 250.00 336246 SOLTIS, RAELYN 64.85 336245 SHOTWELLS FLORAL 90.00 336244 SHORTPRINTER 49.45 336243 SHERIFF, CLAY COUNTY 104.30 336242 SELZER, RENATA OLAFSON 327.81 336241 SECURUS 15,683.19 336240 SCHUMACHER SE, LTD. 1,895.19 336239 SANFORD, GERI 74.67 336238 SANFORD OCCUPATIONAL MEDICINE 474.00 336237 SANFORD HEALTHCARE ACCESSORIES 465.00 336236 SANFORD HEALTH 334.00 336235 RO CAKEBREAD LLC 3,250.00 336234 RED RIVER REFRIGERATION, INC. 195.00 336233 RECORD KEEPERS, LLC. 1,334.69 336232 RDO TRUCK CENTER 2,827.57 336231 RDO EQUIPMENT CO.-FARGO 14,719.99 336230 RAY OF HOPE LLC 1,237.50 336229 RAMADA BISMARCK HOTEL 264.60 336228 PROFESSIONAL BUILDING SERVICE, INC. 27,960.17 336227 PREVENT CHILD ABUSE NORTH DAKOTA 9,852.64 336226 PREMIUM WATERS, INC. 28.50 336225 PREMIER WASH SYSTEMS LLC 15.00 336224 PREFERENCE EMPLOYMENT SOLUTIONS 362.61 336223 POSITIVE CONCEPTS 165.60 336222 PHARMCHEM, INC. 990.45 336221 PETRO SERVE USA 204.71 336220 PARROW, JEREMY 70.09 336219 OSTROMS HARDWARE HANK 215.92 336218 OPFERKEW, JODI 100.00 336217 ON TARGET TRAINING MINNESOTA LLC 5,500.00 336216 OFFICE EXPERTS 390.89 336215 ODP BUSINESS SOLUTIONS, LLC 196.28 336214 NORTHWEST TIRE INC 196.73 336213 NORTHSTAR SAFETY, INC. 904.58 336212 NORTHERN STATES SUPPLY, INC. 454.93 336211 NORTHERN ENGINE & SUPPLY 101.76 336210 NORTH STAR POLYGRAPH 2,400.00 336209 NORTH DAKOTA ONE CALL 2.60 336208 NEXUS-PATH, INC. 13,500.00 336207 NEPSTAD OIL CO. 46,280.76 336206 NELSON INTERNATIONAL 14,785.02 336205 ND STATE RADIO COMMUNICATIONS 286.00 336204 ND ATTORNEY GENERAL’S OFFICE 17,917.00 336203 ND ASSOCIATION OF COUNTIES 250.00 336202 NAPA CENTRAL 44.12 336201 MONTOYA, LISA 50.00 336200 MJ DALSIN CO. OF ND, INC. 573.35 336199 MIDWEST OVERHEAD CRANE 543.99 336198 MENARDS 149.53 336197 MCKENZIE COUNTY CORRECTION FACILITY 2,635.00 336196 MATTHEW BENDER & CO., INC. 460.00 336195 MARSH & MCLENNAN AGENCY LLC 50.00 336194 MARQUART, ANDREW S 729.00 336193 LUTHER FAMILY FORD 733.17 336192 LITTLE FALLS MACHINE, INC. 1,111.90 336191 LIBERTY BUSINESS SYSTEMS, INC. 6,528.55 336190 RILEY LEEDAHL 35.37 336189 LAWSON PRODUCTS, INC. 153.70 336188 KIESLER’S POLICE SUPPLY, INC. 18,399.58 336187 KELNER COMMUNICATIONS 530.00 336186 KELLY SERVICES, INC. 6,506.57 336185 KAPITAN, JIM 71.25 336184 JOHNSON, LISA 64.85 336183 JIFFY LUBE-FARGO 325.71 336182 J & L SPORTS, INC. 80.00 336181 INTOXIMETERS 100.00 336180 INTERSTATE ALL BATTERY CENTER 206.95 336179 INTER OFFICE WORKSPACE FURNITURE 1,328.10 336178 INSTITUTIONAL EYE CARE 76.00 336177 INFORMATION TECHNOLOGY DEPT. 4,598.38 336176 HSO ENTERPRISE SOLUTIONS, LLC 89,106.25 336175 HONEYWELL INTERNATIONAL, INC. 8,343.57 336174 HIGH PLAINS TECHNOLOGY 18,951.76 336173 HANSON-RUNSVOLD FUNERAL HOME 4,400.00 336172 HAIDER, NAVEED MD 11,258.00 336171 GRAINGER, W.W. 236.64 336170 GORDY’S SERVICE CENTER 543.00 336169 GENERAL EQUIPMENT & SUPPLIES 8,950.00 336168 GATEWAY CHEVROLET 459.47 336167 GALLS LLC 2,089.80 336166 FORUM 291.20 336165 FORUM 3,418.57 336164 F-M AMBULANCE SERVICE 1,040.00 336163 FLEET PRIDE TRUCK AND TRAILER PARTS 215.00 336162 FARGO TRAILER CENTER 227.33 336161 FARGO LINOLEUM COMPANY 7,105.00 336160 FABRICATORS UNLIMITED 3,223.54 336159 ENGRAPHIX 15.35 336158 DOCU SHRED INC 52.81 336157 DEPARTMENT OF TRANSPORTATION 84,334.58 336156 DAKOTA FLUID POWER, INC. 912.25 336155 DAKOTA BUSINESS SOLUTIONS 390.00 336154 DACOTAH PAPER CO. 197.74 336153 CURT’S LOCK & KEY SERVICE, INC. 2.79 336152 CUMMINS SALES AND SERVICE 533.27 336151 CORWIN CHRYSLER DODGE 1,137.85 336150 CONSTRUCTION SUPPLY, INC. 7,134.00 336149 CONSOLIDATED COMMUNICATIONS 4,508.85 336148 COMMUNITY LIVING SERVICES, INC. 471.10 336147 COMFORT INN & SUITES 88.20 336146 COLE PAPERS, INC. 238.83 336145 CODE 4 SERVICES 661.01 336144 CINTAS 15.98 336143 CENEX 253.23 336142 CASS COUNTY ELECTRIC CO-OP 214.00 336141 BYTESPEED LLC 69,084.00 336140 BUTLER MACHINERY 1,165.14 336139 BUSINESS ESSENTIALS 696.93 336138 BUCHFINK, SHELBY 93.01 336137 BOULGER FUNERAL HOME 5,550.00 336136 BORTNEM FAMILY LIMITED PARTNERSHIP 1,000.00 336135 BOB BARKER COMPANY, INC. 59.89 336134 BERGSTROM ELECTRIC, INC. 3,109.56 336133 BARNES COUNTY CORRECTIONAL CENTER 7,225.00 336132 AUTO WASTE RECLAIMING 93.00 336131 AUTO VALUE 348.84 336130 AT&T 1,490.00 336129 ANY LAB TEST NOW FARGO 487.00 336128 AMS 1,606.50 336127 ALLSTATE PETERBILT OF FARGO 1,007.74 336126 AGASSIZ CHEMICAL & EQUIPMENT, INC. 2,420.00 336125 ADVANTAGE CREDIT BUREAU 45.00 336124 ADVANCED BUSINESS METHODS 66.90 336123 PETER ELIZONDO 1,602.67 336122 FRONT RANGE LEGAL PROCESS SERVICES INC 44.00 336121 FRONT RANGE LEGAL PROCESS SERVICES INC 34.00 336120 FRONT RANGE LEGAL PROCESS SERVICES INC 34.00 336119 DEVRIES, MICHAEL 118.00 336118 CITY OF DAVENPORT 89.25 336117 CASS COUNTY JAIL 620.00 336116 AB MANAGEMENT AND CONSULTING LLC 2,357.56 336115 STB, LLC 254.00 336114 SOLTIS, RAELYN 239.08 336113 R & R PETROLEUM EQUIPMENT 260.00 336112 NORTH DAKOTA HOUSING FINANCE AGENCY 114,899.62 336111 ND ASSOCIATION OF COUNTIES 16,461.47 336110 MARK BOSSERMAN 44.00 336109 LISA WEISS 34.00 336108 LANDIS, ASHLEY 163.10 336107 JOHN RUTTEN 2,088.15 336106 HALPERN COTTRELL GREEN PA 34.00 336105 HALLAND, SHARI 220.88 336104 CITY OF WEST FARGO 21.00 336103 CARLSON, TARA 139.52 336102 VERIZON WIRELESS 42.40 336101 VAN DYKE, RYAN 265.50 336100 THERESA BECKMAN 39.00 336099 TESCHENDORF, MARA 127.73 336098 TAYLOR, JENNIFER M. 172.27 336097 SPHERION STAFFING SERVICE 41.50 336096 PIGUE, STACY 171.61 336095 PHILLIPS, JUSTIN 300.20 336094 OTTER TAIL POWER COMPANY 123.19 336093 NICOLE LORSUNG 44.00 336092 MOELLER, DEBORAH 127.07 336091 MARK BOSSERMAN 44.00 336090 JOHNSON, DAWN 248.90 336089 JESSICA DIETZ 88.44 336088 JABLONSKY, TONI 628.15 336087 HELL, WENDY 197.81 336086 FRONT RANGE LEGAL PROCESS SERVICES INC 41.50 336085 FINTON, THEODORE 265.50 336084 ENRIQUEZ, JUAN 156.55 336083 CLAY COUNTY RECORDER 26.00 336082 CITY OF FARGO 323,230.32 336081 WEISS REAL ESTATE INC 12.00 336080 UNITED PRODUCTIONS CORPORATION 6.00 336079 TIFFANY HEILLE 44.00 336078 RESEARCH UNLIMITED INC 38.00 336077 PETERSON LAW OFFICE LTD 27.00 336076 PAULSEN, JOEL 1,654.40 336075 PAUL SORUM 26.50 336074 NYCKLEMOE & ELLIG, P.A. 18.50 336073 MEAGHAN SAAL 41.50 336072 LARRY HAMRE 41.50 336071 IZETA HIDANOVIC 34.00 336070 DRN DEFINITE SOLUTIONS LLC 5.00 336069 CITY OF BUFFALO 104.50 336068 CHRISTOPHER MCCRACKIN 41.50 336067 ACCOUNTS MANANGEMENT INC 41.50 TOTAL 1,276,384.93 (May 3, 2023) 219715