Kevin Campbell Grudge Over Watershed Seat Persists

BRRWD Editorials Minnesota
Clay County Commissioner, Kevin Campbell
– Angry with BRRWD

Perhaps the best way to describe Clay county’s relationship with the Buffalo Red River Watershed District (BRRWD) is spousal abuse ~ given the variety of psychological mechanisms employed by Clay county to control or manipulate the BRRWD through guilt or intimidation to fulfill the FMDA (Fargo Moorhead Diversion Authority) agenda.

It goes without saying that Kevin Campbell’s apoplectic behavior towards the BRRWD stems from past grudges and his eagerness to be the FMDA’s lap dog without the consent of Clay county constituents. He appears willing to throw taxpaying property owners under the proverbial bus navigated by FMDA airheads incapable of comprehending the meaning behind the boundary lines on a map.

Before we delve any further, remember, NOT ONE PROPERTY OWNER in Clay County has ever been given the opportunity to vote for or against support of the FMDA project, nor granted permission to Clay County or the Moorhead City Council to participate in FMDA activities, nor has the MN Legislature committed any funding to the FMDA project of any amount being used by the FMDA or media outlets.

Let’s get back to it…

Kevin Campbell is an alchemy of contradictions and outright hypocrisies. Campbell’s rant during the October 8, 2019 Clay County commissioners meeting is a prime example of his wrath fueled rage and retribution.

Kevin Campbell Rant, Clay County Commission – October 8, 2019 (short clip – 1:41 )

 

The entire meeting lasted about 25 minutes. However, Kevin Campbell subjected every person present to his version of scornful indignation for nearly 8 minutes ~ almost one third of the entire meeting.

Here is Campbell’s entire October 8, 2019 rant. Keep this top of mind, historically, the Clay County commission has never denied or refused to take action on previous BRRWD budget requests.

Kevin Campbell Rant, Clay County Commission – October 8, 2019 (full clip – 7:42 )

 

Aside from the absurdity of Campbell’s Oct 8 rant, there is a petty and vindictive posturing that comes screaming through.

Campbell tried to publicly shame BRRWD members during the meeting by naming the member counties that voted to contest the MN DNR permit.

Tensions between the BRRWD and Campbell appear to have begun in 2012 when BWSR ( MN Board of Water & Soil Resources) wisely granted the two new watershed manager seats and votes to Otter Tail and Wilkin County, respectively. Clay County already had and still maintains a majority vote ~ as Campbell alluded to during his invective.

Had BWSR granted Clay county a super-majority all BRRWD activities would be totalitarian edicts in favor of “Clay County”, as Campbell and his ilk (etal) have routinely demonstrated via their involvement with the FMDA.

Campbell’s real butt-hurt centers around Clay County losing the ability to dictate by “majority vote” ~ the activities of the BRRWD. Campbell asserted that he didn’t oppose the seats going to Ottertail and Wilkin, however, meeting minutes from 2012 suggest the contrary.

2-7-2012: Campbell felt Clay County should have a majority on the BRRWD Board given the fact that the majority of funding comes from Clay County, Clay County has the largest population, and the water comes through Clay County. (read more…)
2-14-2012: Campbell made a motion that a letter be sent to the BWSR (Board of Water & Soil Resources) indicating Clay County’s support of the concept of the enlarged Watershed area, and requesting BWSR to base the number of managers by population per the Watershed statutes. (read more…)
2-15-2012: Grant Weyland, Clay County Chair, penned a letter urging BWSR to grant member seat according to population. (read more…)
2-21-2012: Campbell made a motion to send the letter to BWSR urging BWSR to grant member seat according to population. (read more…)
2-27-2012: BRRWD minutes indicate that Clay County should be able to appoint the second watershed manager, potentially in another county. (read more…)
3-13-2012: Campbell stated that they should oppose the enlargement if Clay County is not given an additional watershed manager. (read more…)
5-8-2012: Campbell asserted that BWSR gave the BRRWD power to commence a project without Clay County approval. (read more…)
5-15-2012: Campbell expressed disappointment that BWSR didn’t grant Clay County an additional watershed manager seat and motioned to go into executive session to discuss litigation over the matter. (read more…)

 

Campbell tried to further gaslight the issue with misleading claims about the Clay County drainage area and population changing, when in fact, Campbell was just using the numbers to play the victim card and push his “minority” theory – yet, Clay County still retains the largest percentage of votes on the BRRWD board.

Was BSWR justified in granting Otter Tail and Wilkin manager seats?

Prior to 2012 – Otter Tail County never had a vote on the BRRWD. In 2012, the expansion of the BRRWD related to an increase in drainage area and population in both Wilkin and Otter Tail counties, whereas, Clay County and Becker remained the same. (cited source – Grant Weyland, Clay County letter to BSWR)

BRRWD Drainage Area
Square Miles
Population Affected
County Pre 2012 Current Change Pre 2012 Current Change
Wilkin 232 553 138.86% 925 5,220 464.32%
Ottertail 60 166 176.67% 520 1,474 183.46%
Becker 290 290 0% 5,911 5,911 0%
Clay 797 797 0% 57,377 57,377 0%

 

Why wouldn’t Otter Tail and Wilkin Counties get the watershed manager seats…, given the substantial increases in drainage area and population?

During Campbell’s nearly 8 minute tirade he bemoaned BRRWD not having a member on the FMDA JPA – yet failed to include that that the BRRWD originally had a NON-VOTING seat but departed when the FMDA formed a new JPA which would have saddled the BRRWD with buyouts, acquisitions and maintenance. Essentially, all of the MN financial responsibility for a project that provided little to no benefits to Minnesota.

Campbell is also being disingenuous and inconsistent regarding the BRRWD position on the FMDA seat. Campbell fully expected the BRRWD to accept a subservient (1 vote) minority position on the FMDA, yet, whines that Clay county didn’t get a (4 vote) super-majority position on the BRRWD…, really -???-

It’s puzzling why Campbell would begrudge projects in other BRRWD counties that could provide a direct benefit to Clay county, yet, Campbell appears eager to foster economic development in North Dakota at the expense of Minnesota.

Here’s what really happened with the BRRWD.

In early 2015, the BRRWD rejected the FMDA (Fargo Moorhead Diversion Authority) Fiscal Year 2015 budget. (read more…) According to the original FMDA JPA Charter (read more…) that stated all members must pass the budget, which the BRRWD “did not” and the project should have halted – pending the outcome of the MN DNR permit, which was later denied in fall 2016.

The FMDA scrambled to form a new JPA document (read more…) with wording that would, by design, financially encumber the BRRWD and encourage the violation of the BRRWD’s own guidelines, bylaws and potentially defy the state of Minnesota.

With a BROAD STROKE of corruption, the FMDA chose to violate the original JPA charter and introduce a new JPA document to advance the FMDA agenda “at will”.

Is corruption too strong a word?

You decide. When the charter JPA was formed with six member entities Article XIV “Modification of Agreement” expressly states: “This Agreement may be modified only by the unanimous consent of the members to this Agreement.” (view cited source)

Despite not having unanimous approval of all original charter member entities to modify the original JPA…, the FMDA chose to ignore the very rules intended to keep them in check and from spending at will – increasing the FMDA contracts and invoices by an additional $487.9 million since the BRRWD rejected the FMDA FY2015 budget.

…via this equivocation:

BUDGET
ORIGINAL (2011) VERSION
JPA AGREEMENT
BUDGET
2016 VERSION
JPA AGREEMENT
The Diversion Authority shall develop an initial proposed budget for the planning, design and development of the Project and for the Lobbyist and Project Manager which shall not exceed the amounts set forth in the preceding paragraph. The proposed initial budget shall include all fees and expenses relating to the planning, design and development of the Project prior to the Project’s authorization, including fees associated with employing a Project Manager and Lobbyist. When the amounts initially approved by all members in above paragraph are expended, the Diversion Authority shall propose a new budget, which must be approved by all of the members through a vote of their governing bodies. Budget. To establish an annual operating budget and to submit the budget for review by October 1 of each year of this Agreement to the Governing Bodies of the Member Entities. The Member Entities are not required to formally adopt the budget, but may provide advice, comments, and input to the Metro Flood Diversion Authority. The budget submitted to the Member Entities is intended to provide Member Entities with information regarding the financial condition of the Metro Flood Diversion Authority and does not require final approval by the Member Entities’ Governing Bodies.

 

The BRRWD was wise to REJECT the proposed JPA changes in 2016 (read more…), with only one FMDA sycophant voting to remain (Gerald L. Van Amburg).

What would the BRRWD have to gain with demands such as these?

BRRWD will actively support the City of Moorhead’s efforts to request State of Minnesota funds from the Minnesota Legislature.
BRRWD will use its Best Efforts to impose, levy, and collect a Water Management District Fee for operations and maintenance of the Project.
Red River Control Structure. Title to easements, rights-of-way, and land necessary and related to the Red River Control Structure will be held in the name of the BRRWD.
Southern Embankment and Retention Area Located in Minnesota. Title to easements, rights-of-way, and land necessary and related to the Southern Embankment and Retention Area located in Minnesota will be held in the name of the BRRWD.
Comstock Levees. Title to easements, rights-of-way, and land necessary to the Comstock levees will be held in the name of the BRRWD.
BRRWD is authorized to enter into an agreement with other Minnesota Member Entities or the Metro Flood Diversion Authority to transfer ownership of Project Property it acquire’s to Clay County, the City of Moorhead, and/or the Metro Flood Diversion Authority.

 

If the bubble that Campbell lives in couldn’t get any more bizarre…, listen VERY CLOSELY to this audio clip:

Kevin Campbell Rant, Clay County Commission – October 8, 2019 (short clip – :08 )

 

Think long and hard over the temerity of Campbell asserting that the Clay County Commission has the right to DEEM the FMDA project vital without the consent of constituents, land owners or taxpayers in Clay county.

You have to go along to get along? So in essence – it’s up to the “good ol’ boys”…, not the constituents?

Jenny Mongeau, Clay County Commission – October 8, 2019 (short clip – :31 )

 

According the the BRRWD, Clay County has authorized all preceding budget requests.

Listen to the previous years meeting…

 

Interesting what can happen over a year, nay, almost comical that last year Kevin Campbell made the motion, seconded by Grant Weyland, in mere seconds, to accept the BRRWD petition last year.

What makes the Oct 2019 request so curious is the apparent influence that the FMDA has over the Clay County commission. Commissioner Jenny Mongeau, District 3 made the motion to approve Resolution 2019-34 for 2020 General Tax Levy Petition #1, but motion failed due to lack of a second.

In case you are curious:

BRRWD 2018 Tax Petitions
BRRWD 2019 Tax Petitions
BRRWD 2020 Proposed Tax Petitions

Think about about that… All previous BRRWD budget petitions were passed by Clay County – business as usual. When the FMDA tried to “box in” the BRRWD with a premature permit application and litigation over the BRRWD filing a contested case over the MN DNR permit relating to the FMDA project – the pouting Clay County commission gives the BRRWD the cold shoulder?

Shame on you Clay County Chairman Grant Weyland (District 5), Vice Chair Frank Gross (District 2), Jim Haney (District 1) and Kevin Campbell (District 4) for refusing to provide a second to Commissioner Jenny Mongeau’s BRRWD motion. Your lack of providing a second and, at the very least, taking the matter up for discussion clearly shows that your silent protest was contrived to benefit the FMDA.

Its a good things that Minnesota Statute 103D.905 exists, which allows any any political subdivision within the BRRWD to authorize a General Tax Levy Petition – which prevented the bullies from holding the BRRWD hostage.

Campbell’s logic is flawed. Coupled with Campbell’s petty and vindictive grudge over a BRRWD watershed seat impartially assigned by BWSR – Campbell and his ilk’s behavior is arbitrary and capricious – that of petulant children.

If Kevin Campbell were one-tenth the man he thinks he is, he would have ensured that EVERY Clay County constituent, landowner and taxpayer had been afforded the opportunity to vote on whether to allow Clay County or Moorhead to become involved with Fargo’s development plan disguised as flood control.

History has proven otherwise…

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