North Dakota
Attorney recommends providing provisional dock permits for 2024 in Stutsman County
JAMESTOWN — The Stutsman County state’s attorney recommended providing provisional dock permits for 2024 if he is not able to get a definitive answer if the county is allowed to or not.
Fritz Fremgen told the Stutsman County Commission on Tuesday, Jan. 2, that he read the legal opinion from another attorney for reservoir dock permits and land use.
“I’ve only read it once. It’s about 10 pages,” he said. ” … You’re stuck and possibly you got a way out.”
The Stutsman County Park Board has been waiting for an opinion from the state’s attorney on whether or not the board is allowed to issue dock permits for residences east of Jamestown Reservoir. Another attorney researched language in the agreement with the Bureau of Reclamation to help the commission on making a decision on dock permits. Now, Fremgen must review the research and issue an opinion on the matter.
Fremgen said he also read the letter from Joseph Hall, area manager for the Bureau of Reclamation’s Dakotas Area Office, that was signed in March and sent to Stutsman County. The county had sent a letter to the Bureau of Reclamation seeking a written agreement that issuing seasonal private dock permits to adjacent landowners by the park board would not compromise any of the agreements or laws regarding the land transfer with the Reclamation.
“From their point of view you are stuck,” he said.
Hall’s letter said allowing seasonal private dock permits to adjacent landowners is not consistent with managing for public purposes as stated in a 111-page agreement between the Reclamation and the Stutsman County Park Board.
Fremgen said he wants to research what other jurisdictions are doing.
“I just looked at Walla Walla, Washington, and they mentioned dock permits, but … we’ve got some as well that are grandfathered in so it’s very complicated,” he said. “So it’s just something that’s gonna take some time. I’ve got some of the reading started and there’s plenty of reading to do.”
He said he asked the Bureau of Reclamation for any case law regarding the use of land that was transferred to Stutsman County.
Stutsman County is the owner and manager of the land between the shoreline and the homeowners’ property along the east side of Jamestown Reservoir. The Bureau of Reclamation is responsible for the operation of Jamestown Dam and Jamestown Reservoir and holds primary jurisdiction over the lands and water of the reservoir, according to Stutsman County’s 2023 seasonal boat dock permit.
In 2023, the park board agreed to issue dock permits that included stipulations that the docks may need to be removed if there is a negative comment from the attorney about the issue or has an opinion that the county is in violation of the deed restriction.
The current dock permits do not include a clause for the right of renewal.
Commission declares emergency
The Stutsman County Commission unanimously approved declaring an emergency for the county for impacts of the recent ice storm in December.
Andrew Kirking, Stutsman County emergency manager and 911 coordinator, said the county needs to make sure it is open to as much aid as it can get by being covered by an emergency declaration.
The Jamestown City Council also unanimously approved on Tuesday, Jan. 2, an emergency declaration for the city.
On Friday, Dec. 29, Gov. Doug Burgum declared a statewide emergency for widespread utility infrastructure damage caused by a winter ice storm that left 20,000 North Dakotans without electricity.
Commission approves request to fill NDSU Extension position
The county commission unanimously approved a request to allow the North Dakota State University Extension Service to fill the family and community wellness position in Stutsman County.
Christina Masich, the current family and community wellness extension agent in Stutsman County, recently submitted her resignation. Her last day with the Stutsman County Extension is Jan. 19.
Masich said she accepted the position of coordinator of the Expanded Food and Nutrition Education and Family Nutrition programs with the NDSU Extension Service in Bismarck.
Dena Kemmet, Central District director for the NDSU Extension Service, said she needed formal action from the county commission to fill Masich’s position in Stutsman County. She said the base policy is that NDSU Extension Service has an agreement with the North Dakota Association of Counties to fund extension agent positions on a 50-50 extension-county split.
“Their fringe benefits are paid by NDSU,” she said. “That makes NDSU their employer of record.”
Masaki Ova joined The Jamestown Sun in August 2021 as a reporter. He grew up on a farm near Pingree, N.D. He majored in communications at the University of Jamestown, N.D.
North Dakota
Today in History, 1975: Earthquake rattles portions of Minnesota and the Dakotas, including Fargo-Moorhead
On this day in 1975, a moderate earthquake centered near Morris, Minnesota, shook parts of North Dakota, Minnesota and South Dakota, startling residents but causing no major damage or injuries.
Here is the complete story as it appeared in the paper that day:
Earth Tremor Felt Across Wide Area Including F-M
An earth tremor at 9:56 a.m. today was widely felt in the Fargo-Moorhead area as well as other parts of North Dakota, Minnesota and South Dakota, but the National Weather Service here said it had no reports of damage.
The tremor lasted from two to five seconds, Keith Blessum of the Weather Service said, and ignited telephone reports from a wide area.
The earthquake measured 5.0 on the Richter Scale. Waverly Person of the National Earthquake Information Center in Denver, Colo., said: “The earthquake was moderate and was centered in the Morris, Minn., area. It could have caused much damage in a heavily populated area.”
The quake also was felt in northwestern Iowa. Carl Stover of the Earthquake Information Center said it affected an area 300 miles long and 180 miles wide in four states. He said the exact center of the quake was 10 miles west of Morris.
Person said the earthquake that struck California’s San Fernando Valley in February 1971, killing 54 persons and causing millions of dollars in property damage, measured 6.5 on the Richter Scale.
There were no injuries reported, but authorities in several communities in Minnesota and North and South Dakota reported that residents were startled, buildings shook, dishes rattled and books fell off shelves. Some residents in Alberta, Minn., and Wheaton, Minn., also reported cracked foundations.
Among the first to report locally was Mrs. Paul Dutt, 909 27th St. N., Fargo, who told the Weather Service pictures on the walls moved and a vase moved across the top of the television set.
Marjorie Henderson, who lives on a farm between Enderlin and Lisbon, N.D., reported that the house shook and windows rattled during the tremor, while Mrs. Wesley Belter, who lives south of Casselton, N.D., said that she and four neighbors had similar experiences.
Mrs. Earl Ernst, who lives eight miles east of Wolverton, Minn., also reported that the walls of her trailer home shook and dishes rattled.
Other reports received by the Weather Service at Hector Airport here were from Hankinson and Wahpeton, N.D., and Breckenridge and Ottertail, Minn.; Milbank, S.D., White Rock Dam on the South Dakota border and Canby, Minn.
The earth tremor shook much of northeastern South Dakota and parts of southeastern North Dakota and western Minnesota but apparently caused no injuries, the Associated Press reported.
Donald Johnson, Codington (S.D.) County Civil Defense Director, said the strongest tremors were felt in the South Shore area, about 12 miles northeast of Watertown.
Johnson said a school was evacuated in South Shore, but there were no injuries or major damage reported.
A University of Minnesota professor said that part of that state has a history of minor earthquakes, with about half a dozen reported since the mid-1800s.
Residents in the Willmar, Alexandria, Morris and Long Prairie areas all felt the tremor. It hit about 9:55 a.m., and lasted five to 10 seconds.
No major damage was reported, although the tremor startled many people and shook household furnishings. Some residents in Alberta, near Morris, reported cracked foundations.
Dr. Harold Mooney, professor of geophysics at the University of Minnesota, estimated the tremor would have measured 4 or 4.5 on the Richter Scale. Mooney’s seismograph wasn’t operating when the tremor struck, and he said his was the only such measuring device in the area.
“The motion of a fault in the western part of the state sent out seismic waves at thousands of feet per second, and that’s what the people felt,” Mooney said.
“There is a history of earthquakes in that area, so this one was not without precedent.”
The most recent was near Alexandria in 1950, he said. The most severe was near Brainerd in 1917; that one broke some windows and knocked things off shelves.
North Dakota
Trump visits TR library in North Dakota
President Trump traveled to North Dakota on Wednesday to visit the Theodore Roosevelt Presidential Library before its official opening on Saturday.
“He had a freakin’ wild life,” Trump told an audience at a Western-themed amphitheater, the Associated Press reported. “He didn’t want to be quiet. He wanted to be great.”
The library is expected to be a major source of tourism in rural western North Dakota.
-The Hagstrom Report
North Dakota
West Fargo Attorney Chosen for North Dakota Ethics Commission Position
(North Dakota Monitor) –BISMARCK, N.D.– A West Fargo attorney will be the next member of the North Dakota Ethics Commission.
The Ethic Commission selection committee on Tuesday named Lisa Edison-Smith to fill an open position on the five-person commission.
Edison-Smith will replace Ron Goodman, who is retiring. Her term will expire in August 2027.
Edison-Smith is an employment and labor attorney with the Vogel Law Firm but plans to retire by the end of the year, according to a questionnaire she filled out for the selection committee. She also has served as a mediator.
She is a graduate of North Dakota State University and the Hamline School of Law.
Senate Majority Leader David Hogue, one of three members of the selection committee, said the committee was impressed with her resume and her interview.
“She made it clear that she’s an independent thinker and she’s not afraid to lead, which includes the ability to dissent,” Hogue said. “So to me, that was important.”
In her questionnaire answers, Edison-Smith said the commission should not usurp the Legislature’s lawmaking authority but adopt rules and conduct investigations in accordance with state law.
She also said it is important for Ethics Commission staff to review “facially deficient or frivolous complaints” and for the commission to dismiss those cases in 60 to 90 days.
The other finalist was North Dakota Insurance and Securities Department attorney Garrett Bryan.
The selection committee, composed of Gov. Kelly Armstrong, Hogue, R-Minot, and Senate Minority Leader Kathy Hogan, D-Fargo, also recently named Burleigh County Sheriff Kelly Leben to a spot on the commission.
The Ethics Commission’s duties include adopting ethics rules, investigating alleged violations and issuing advisory opinions to help public officials navigate ethical issues. They are paid a stipend for every day they meet, plus reimbursement for travel.
North Dakota voters in 2018 passed a measure to establish the Ethics Commission.
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