12-06-2004 - Laserfiche WebLink

Commission Minutes--December 6,2004 2829 19. COUNTY-OWNED LOTS IN ORCHARD GLEN AND FOREST RIVER SUBDIVISIONS, ReQuest for permission to bow hunt referred to committee Dale Ziegler, 1630 Round Hill Drive, Fargo, was present concerning his letter to the Cass County Commission dated November 22, 2004, requesting bow-hunting permission on county-owned property along the Red River in Orchard Glen and Forest River Subdivisions. He said there have been more and more accidents involving deer on County Highway 81 south of Fargo, and the problem will continue to grow as more land gets developed. Mr. Ziegler is requesting permission for himself and three other county residents to hunt on this land, which is north of his residence. Before the county acquired the property through the use of funds from FEMA (Federal Emergency Management Agency), he said the previous landowner had granted permission for bow hunting. Also present in support of allowing bow hunting in the Orchard Glen and Forest River areas were Brian Johnson and Marvin Yonke, both from the Forest River area. Mr. Vanyo asked about legal ramifications if the county were to grant this request for hunting privileges. State's Attorney Birch Burdick said he made some contacts on this subject; and the North Dakota Insurance Reserve Fund informed him that recreational immunity would apply to the county; however, it would not apply if the county charged a fee for hunting on county land. Mr. Pawluk said he viewed this area prior to today's commission meeting, and he said allowing hunting would seem like a way to control the burgeoning deer population. He believes guns should be prohibited on certain properties; however, he feels the risk for injury is remote in bow hunting. Speaking in opposition to hunting in this vicinity were Duane Rogne and John Miller, neighbors residing in the Orchard Glenn area. Their concerns included potential danger to neighborhood children, people on nature walks, joggers and pets; and the possibility of wounded deer walking through residential yards. Mr. Miller said the previous owner did allow hunting; however, the concern now is the density of hunters if the area is opened to hunting by the county. If the county is inclined to grant hunting permission, Mr. Miller suggested the possibility of limiting the number of days that hunting is allowed and also limit the number of hunters at any given time. Tom Crawford, who lives on 76th Avenue South, stated he also opposes open hunting for safety reasons. Sheriff Don Rudnick was present and said North Dakota Game and Fish officials informed him that other cities are also facing problems with the deer population. Mr. Wagner said he is concerned about liability and about safety issues. Mr. Burdick said the commission can manage the county-owned lots how they want, which could include limiting hunting to bow instead of firearms. The county might also establish a permitting process to limit the number of days and/or limit the number of hunters at one time. MOTION, failed Mr. Wagner moved to deny the request for bow hunting permission on county-owned property in the Orchard Glen and Forest River areas. The chairman called three times for a second and hearing none, declared the motion failed for lack of a second.