Chairperson Donna Schneider called the meeting to order at 3:30 PM with all members present as follows: Robbie Quick, Paul Koenig, John Meyer, Alon Wieland and Donna Schneider.

MOTION, passed

Mr. Koenig moved and Mrs. Quick seconded to approve minutes of the last regular meeting held February 17, 1998. Motion carried.

Mr. Wieland moved and Mr. Koenig seconded to approve the order of the agenda with the following additions: Blue Cross Blue Shield contract, joint election agreement with Casselton Public School District, contract with Wanzek Construction, and resolution of appreciation to retiring State Senator Donna Nalewaja. Motion carried.

4.  RESOLUTION #1998-5 RESCINDED, Harwood Township bridge project

MOTION, passed

Mr. Koenig moved and Mr. Wieland seconded to rescind Resolution #1998-5 from the February 17, 1998, Cass County Commission meeting since the County Engineer was successful in negotiating the purchase of 1.7 acres of land in Section 32, Harwood Township, for a bridge replacement project. On roll call vote, motion carried unanimously.

5.  ROAD DEPARTMENT, Purchase order for tractor/backhoe

MOTION, passed

Mr. Koenig moved and Mr. Wieland seconded to authorize the chairperson to sign purchase order for a small tractor/backhoe from Ford Tractor of Fargo in the amount of $56,494.00. On roll call vote, motion carried unanimously.

6.  CASS COUNTY DRAIN #13 AND DRAIN #14 RECONSTRUCTION, Ballot favoring project

MOTION, passed

Mr. Koenig moved and Mr. Wieland seconded to cast a favorable ballot for the North Cass and Rush River Joint Water Resource District to proceed to reconstruct, improve and maintain Cass County Drain #13 and its outlet. On roll call vote, motion carried unanimously.

MOTION, passed

Mr. Koenig moved and Mr. Wieland seconded to cast a favorable ballot for the Maple River Water Resource District to proceed to reconstruct, improve and maintain Cass County Drain #14 (including improvements to Cass County Drains #34 and #36 as identified in the notice of hearing). On roll call vote, motion carried unanimously.

7.  SHERIFF’S DEPARTMENT, Shift coverage change authorized for juvenile detention center

MOTION, passed

Mr. Koenig moved and Mr. Wieland seconded to authorize the Sheriff to hire an additional two (2) part-time employees for the Correctional Division in order to avoid paying overtime for filling required shifts in the Juvenile Detention Center. On roll call vote, motion carried unanimously.

8.  ELECTIONS, 1998 polling places and polling hours designated

MOTION, passed

Mr. Koenig moved and Mr. Wieland seconded to designate the polling places, according to the list provided by the County Auditor, for the 1998 Primary and General Elections; and to set the polling hours as 7:00 AM to 8:00 PM. On roll call vote, motion carried unanimously.

9.  ABATEMENT APPLICATIONS, Approved for Doug Smith; Donald Goergen; Joseph & Charles Crary; Randy Devitt; and Jon & Linda Heyerman

MOTION, passed

Mr. Koenig moved and Mr. Wieland seconded that abatement #4096 for Doug Smith be approved as recommended by the Noble Township Board and the Director of Equalization. On roll call vote, motion carried unanimously.

MOTION, passed

Mr. Koenig moved and Mr. Wieland seconded that abatement #4097 for Donald Goergen be approved as recommended by the Reed Township Board and the Director of Equalization. On roll call vote, motion carried unanimously.

MOTION, passed

Mr. Koenig moved and Mr. Wieland seconded that abatement #4098 for Joseph & Charles Crary be approved as recommended by the City of West Fargo and the Director of Equalization. On roll call vote, motion carried unanimously.

MOTION, passed

Mr. Koenig moved and Mr. Wieland seconded that abatement #4099 for Randy Devitt be approved as recommended by the Mapleton Township Board and the Director of Equalization. On roll call vote, motion carried unanimously.

MOTION, passed

Mr. Koenig moved and Mr. Wieland seconded that abatement #4100 for Jon & Linda Heyerman be reduced to $40,000 as recommended by the Durbin Township Board and the Director of Equalization. On roll call vote, motion carried unanimously.

10. INFORMATION SERVICES, Sale of used computer equipment

MOTION, passed

Mr. Koenig moved and Mr. Wieland seconded to allow Information Services to dispose of surplus computer equipment according to the Commission Policy Manual Section 14.81, Sale of Used Computer Equipment. On roll call vote, motion carried unanimously.

11. INFORMATION SERVICES, Budget adjustment for upgrade

MOTION, passed

Mr. Koenig moved and Mr. Wieland seconded to authorize the County Auditor to increase the Information Services 1998 AS/400 software budget by $16,500 due to additional costs involved in upgrading the County’s IBM AS/400 operating system, according to a memorandum dated March 5, 1998. On roll call vote, motion carried unanimously.

12. RANSOM-SARGENT WATER USERS, Chairman authorized to sign letter

MOTION, passed

Mr. Koenig moved and Mr. Wieland seconded to authorize the chairperson to sign a letter to Ransom-Sargent Rural Water Users, Inc. advising that a proposed project with water lines entering Cass County at two locations is consistent with Cass County Government’s comprehensive plan. On roll call vote, motion carried unanimously.

13.  PLAT APPROVAL, Final plats of Bartholomay Subdivision and Bearcreek Subdivision

MOTION, passed

Mr. Koenig moved and Mr. Wieland seconded to grant final plat approval to Bartholomay Subdivision, NW 1/4 of Section 28 of Township 139N, Range 50W in Cass County, North Dakota. On roll call vote, motion carried unanimously.

MOTION, passed

Mr. Koenig moved and Mr. Wieland seconded to grant final plat approval to Bearcreek Subdivision, NW 1/4 of Section 24 of Township 138N, Range 49W in Cass County, North Dakota. On roll call vote, motion carried unanimously.

14.  CONTRACT APPROVAL, North Dakota Department of Human Services; Centre, Inc.; Share House, Inc.; North Dakota Department of Transportation; Border States Paving; Joint Mobile Data Computer System; Blue Cross Blue Shield; Casselton Public School District; Wanzek Construction

MOTION, passed

Mr. Koenig moved and Mr. Wieland seconded to approve the following contracts submitted by respective department head and portfolio commissioner, subject to State’s Attorney approval; and authorize the chairman to sign: On roll call vote, motion carried unanimously.

• North Dakota Department of Human Services -- Respite Care Grant;

• Centre, Inc. -- inmate detoxification services;

• Share House, Inc. -- inmates for minimum security placement;

• North Dakota Department of Transportation -- construction and maintenance and right of way certification letter for bridge project west of Harwood;

• Border States Paving -- resolution/contract accepting bid for County Highway 11 paving;

• Joint Mobile Data Computer System -- agreement among Cass and Clay Counties and the Cities of Moorhead, Fargo and West Fargo for computer system in patrol vehicles;

• Blue Cross Blue Shield -- summary plan description;

• Casselton Public School District -- joint election agreement;

• Wanzek Construction -- erosion repair for a box culvert on County Highway 6 and Sheyenne River in the amount of $36,600.00.

15. RESOLUTION #1998-7, Resignation of State Senator, Donna Nalewaja

MOTION, passed

Mr. Koenig moved and Mr. Wieland seconded to adopt RESOLUTION #1998-7 as follows: On roll call vote, motion carried unanimously.

WHEREAS, the Board of Cass County Commissioners has learned of the retirement of Senator Donna Nalewaja; and

WHEREAS, Senator Nalewaja has served as a Cass County Legislator from District 45 for 16 years; and

WHEREAS, Senator Nalewaja has advocated for the citizens in representing the issues of Cass County government, particularly in the area of law enforcement, care of the elderly and vulnerable, and the archiving of county records; and

WHEREAS, Senator Nalewaja has always represented the best interests of the taxpayer in her work on the Senate Appropriations Committee.

THEREFORE, BE IT RESOLVED, That the Board of Commissioners of Cass County, North Dakota, does hereby salute Senator Donna Nalewaja for her service.

BE IT FURTHER RESOLVED, That this resolution be inscribed upon the permanent records of the proceedings of the Board of County Commissioners and a copy forwarded to Senator Nalewaja.

Dated at Fargo, North Dakota, this 16th day of March, 1998.

16. RESOLUTION #1998-8, MIDA Bond application for American Lutheran Homes

Jim Stewart, representing American Lutheran Homes, Inc. (Bethany Homes), was present to answer any questions concerning application for MIDA Bond issuance of $2,000,000 for the purpose of retiring a prior loan for the Towers II project.

Mr. Wieland asked if the City of Fargo has been contacted about issuance of these bonds since the project is located within the city limits. Mr. Stewart said the City of Fargo is not interested in issuing these bonds because of their $10 million dollar annual limit on MIDA Bonds.

MOTION, passed

Mr. Wieland moved and Mr. Meyer seconded to adopt RESOLUTION #1998-8 RELATING TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, GIVING THE PROJECT PRELIMINARY APPROVAL, SUBJECT TO A PUBLIC HEARING (AMERICAN LUTHERAN HOMES, INC. TOWERS II PROJECT); and setting the public hearing for the April 6, 1998, Cass County Commission meeting, which begins at 3:30 PM in the Commission Room, Cass County Courthouse. On roll call vote, motion carried unanimously.

17. DEVIL’S LAKE FLOODING, Update by Joe Belford, Ramsey County

Joe Belford, Ramsey County Commissioner, gave a presentation on the Devils Lake flood situation. He said flooding in 1993 caused Devils Lake to rise five feet in six months, and the lake has been steadily rising each year since then. The lake covered about 40,000 acres in 1993, and now covers nearly 100,000 acres.

Solutions to the flood situation being considered, according to Mr. Belford, are flood plain management, basin-wide water management, and a proposed outlet. A nine-member outlet committee was established by the State Legislature in the last session, and local committee members are Pat Zavoral and Jim McLaughlin. Mr. Belford said the Army Corps of Engineers has been instructed by Congress to begin preconstruction engineering and design for the proposed outlet. Public involvement is encouraged in all phases of the project, and he invited commissioners to call him with any questions. Mr. Belford is the county commission representative on the North Dakota Water Coalition and also serves on the newly formed Red River Basin Board.

18.  FLOOD UPDATE, Report from Lake Agassiz Regional Council

Irv Rustad, Lake Agassiz Regional Development Corporation, provided a written project report dated March 16, 1998, on funds received and disbursed thus far from the 1997 spring flood in Cass County. Mr. Wieland asked about the status of the two larger flood prevention projects, and Mr. Rustad said preliminary engineering reports have been completed on the Mapleton project and the St. Benedict road.

19. WEST FARGO LANDFILL PERMIT, Information from North Dakota Department of Health

Mrs. Schneider asked if anyone was present concerning application by the City of West Fargo to the North Dakota Department of Health for a proposed permit for an inert waste landfill located in Mapleton Township. No one asked to speak at this time.

20.  VOUCHERS, Approved for March

21.  MEETING UPDATES; ELECTIONS; ANIMAL FEEDING OPERATION; JAIL UPDATE, Committee reports

Mr. Koenig reported that he visited the Lemke farm near Harwood where a confined animal feeding operation is proposed. Mr. Meyer also toured the site. It was noted by Mr. Wieland that Cass County expected to receive a copy of a proposed Grand Forks County zoning ordinance regarding this issue. However, he said Grand Forks County may not have authority to pass ordinances since they do not have a Home Rule Charter. Bonnie Johnson, County Coordinator, said she spoke with a commissioner from Grand Forks County at the East Central Commissioners meeting in Valley City last week, and she will follow up on this item.

County Auditor, Michael Montplaisir, said his office is beginning preparations for this year’s elections. West Fargo and Casselton School District elections, as well as cities except Fargo, will be held in conjunction with state and county elections.

Mr. Meyer reported on attending water board meetings, a meeting with the State Health Department concerning the confined animal feeding operation near Harwood, and public input flood meetings.

Mr. Wieland attended the January meeting of the Fargo Historic Preservation Commission and discussed tentative plans for a new Cass County jail. The Cass County Courthouse, Jail and Sheriff’s Residence were all listed on the National Register of Historic Places in 1983.

Mrs. Johnson reported that the National Institute of Corrections (NIC) will arrive in Fargo on April 19^th and will stay until April 22^nd. They have requested a time commitment from Cass County Commissioners on the morning of April 20^th and all day April 22^nd. They are interested in Cass County’s thoughts on how to proceed with the planning process.