Moorhead and Clay County Officials Continue to Violate MN Laws

Ignorance,
Incompetence and
Insubordination

It is truly baffling how or why members of the FMDA (Fargo Moorhead Diversion Authority) display disrespect via willful arrogance.

In an August 3, 2017 Letter to the Editor from “Grant Weyland”, who is ostensibly using his title as Clay County Commissioner as bully pulpit, contains defiant ramblings that are nothing less than traitorous to Minnesota, Clay County and the residents of Moorhead.

Weyland’s letter comes a mere 17 days after U.S. Magistrate Judge Leo I. Brisbois denied the Diversion Authority’s Motion to Strike wording contained in a complaint/motion, filed by the Minnesota Attorney General, seeking a preliminary and permanent injunction to prevent and prohibit any construction of a federally authorized and appropriated inter-state flood control project.

Excerpts from FMDA (Dorsey & Whitney LLP) Motion to Strike:

Pursuant to Minn. Stat. § 103G.141, subd. 1(1), (3), a person is guilty of a misdemeanor who “undertakes or procures another to undertake an alteration in the course, current, or cross section of public waters or appropriates waters of the state without previously obtaining a permit from the commissioner, regardless of whether the commissioner would have granted a permit had an application been filed” or “after a permit to undertake the project has been denied by the commissioner . . . .”

While this request in and of itself is extraordinary, it is punctuated by an allegation of criminal liability that is both irrelevant and gratuitous, and which is now being used to attempt to intimidate elected officials of the Diversion Authority.

This issue was brought to a head when the Minnesota Attorney General’s Office, citing the criminal statute, MSA 103.G141, publicly declared that the ongoing construction of the Diversion Authority dam violated Minnesota’s criminal law. (See DNR’s Motion and Memorandum for Preliminary Injunction, April 21, 2017). Moorhead and Clay County leaders could face criminal prosecution and jail for their actions. Have they been advised to ignore Minnesota’s criminal laws and to continue with this conduct? Shouldn’t there be an investigation by an independent prosecutor and, if warranted, criminal prosecutions.

Intimidation…, nah…! Just a gentle and timely reminder that the Minnesota legislature took the time to draft statutes that elected officials are to follow, and if the need arises, stiff penalties for those disregarding MN laws.

So why would Weyland, who has sworn an oath to uphold the laws of Minnesota and Clay County, openly defy that responsibility? Especially, after receiving a denial on the subject matter. Perhaps Grant and his colleagues should pay closer attention to filling potholes rather patting each other on the back, as public servants, on the dime of taxpayers.

This is the same Grant Weyland, former Moorhead Chief of Police, that found himself at the center of controversy (view source) (view additional source) in 2001-2005 over traffic quota setting, prohibited by Minnesota law (view source), in a complaint filed by the Law Enforcement Labor Services Union. Weyland stated in his defense: “Traffic citations are part of an officer’s job performance.”

So does this mean that as long as an errant position can be whitewashed into a more palatable sound bite, that makes amoral actions ~ justified?

Let’s look at Weyland’s letter more closely…

 

Nothing more than an esteemed member of the Mutual Admiration Society thanking the FMDA public relations mouthpiece that has consistently slanted coverage in support of the FMDA project…, when that mouthpiece consistently failed to conduct any semblance of investigative journalism to hold elected officials and FMDA members accountable for their amoral actions…?

Curiously, the Fargo Forum failed to report that the FMDA and the USACE have been actively engaged in a scheme to have FEMA raise the 100 year base flood elevation to encumber more properties with NFIP flood insurance requirements. (READ THE SENTENCE, AGAIN!)

The FMDA and USACE have essentially created the very conditions that the project allegedly is to address.

** NOTE:  USACE and FMDA Refused to Produce This Document During Discovery **

Conditional Letter of Map Revision – 2016-09-30

 

FEMA is not the villain in this matter. FEMA has repeatedly warned the FMDA since Sept 2011, that “…floodplain areas, that must be kept free of encroachment…”

The FMDA member entities have done nothing to curtail encroachment into the natural flood plain, so the inevitable outcome is for FEMA to assess and quantify the potential water displacement and revise maps accordingly. However, the CLOMR document above does not reflect current conditions. It argues future conditions, as though, the entire project was in place and the land was fully developed up to the dam.

What’s the big deal? Documents, such as these and others like them are goal oriented (pervasive lies) which local leaders use as talking points to solicit support, without actually reading the documents from cover to cover. The CLOMR document argues a theoretical assumption based upon junk science and HECRAS modeling parameters biased in favor of the proposed FMDA project.

Example of a Misleading Talking Point:

In an October 3, 2016 Forum Article: (view source) “Mayor Del Rae Williams said new flood-risk estimates show that 820 homes there are vulnerable to a 100-year flood, which the DNR didn’t seem to address.”

However, FEMA records released on April 30, 2017 indicate only 275 policies enforce.

It appears that Mayor Del Rae Williams has overstated vulnerable properties by 545.

FACT: As of April 2017, 0.64 percent of Moorhead’s 42,492 population carry an NFIP policy with $519.21 as the average premium.

Within their infinite ignorance, Clay County Commissioners and Moorhead City Council members endanger residents with their participation and relinquish economic development by the hour to Fargo’s expansion, which displaces water impacts onto Minnesota interests.

What is the “draw” to build where it regularly floods?

Think about that long and hard… The entire FMDA project is to protect undeveloped farmland that has flooded in every significant flood event, in order to foster growth for the despicable development bullies west of Moorhead.

 

I attended the hearing in St Paul as well. Weyland, who sat in support of Fargo, appeared as agitated as the rest of the FMDA proponents.

Commissioner Kevin Campbell and Moorhead Mayor Del Rae Williams are only worthy of disdain for their willingness to be Fargo’s lapdogs.

Wow, not only does Weyland openly admit he had conspired with Fargo’s development project disguised as flood control, he names three other elected officials that have also chosen to conspire against Minnesota and disregard those pesky legal statutes (MN Statute 103G.141 and 609.175).

 

Sorry Grant! The status of the project being federal or NOT is in the hands of Judge Tunnheim. The USACE did not bring this project to the metro area. The local governments got wind of potential federal dollars and stumbled all over themselves to qualify for “free money”.

The original project DID NOT contain 3 Class 1 High Hazard Dam control structures with gates and nearly 12 miles of erodible earthen dam, however, the current version does. In fact, the original south-side flood control was abandoned because it encroached too deeply into the natural flood plain – in clear violation of Executive Order 11988.

We do have to thank Grant for even more open admission that Clay County and Moorhead leaders have conspired against Minnesota residents.

By the way, that “go ahead”, as you put it, is based upon unproven, incomplete, embellished and corrupted information provided to lawmakers.

 

Oh…, you mean the same funding that WAS NOT included in any presidential budget to date? The meager funding procured, thus far, is a result of Sen. John Hoeven (R) using his position on the Appropriations Committee to trade favors with the USACE, outside the president budget. At present, Congress HAS NOT funded the Fargo Dam and FM Diversion project.

The FMDA project is not critical to Moorhead, Clay County or Minnesota.

The city of Moorhead has permanent flood protection measures in place for around $114 million.

 

Grant.., you are full of horse manure! The FMDA has methodically excluded impacted stakeholders which lead to litigation. The FMDA work groups can’t even engage in a genuine and productive discussion with the MN DNR – because the FMDA cult has one narrative that runs contrary to Minnesota laws.

Complications…? What does one expect when the FMDA is using taxpayer dollars to steamroll their agenda – to the detriment of Minnesota?

 

Moorhead did it right. They built permanent internal flood protection shortly after the 2009 flood event.

Fargo, however, has dragged its feet with internal flood protection “in want” of development area that places Fargo’s water onto Minnesota.

The most unsettling aspect of Grant’s rant, is the very Minnesota laws intended to “reign in” elected officials that run amok, are being insubordinately disregarded.

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