Alachua Voter Guide

My wife has brought to my attention the following assertions by City Commissioner Susan Bottcher.  Bottcher apears to have become the current city commission majority’s group-think purveyor of misinformation and attack in a desperate attempt to influence the outcome of Tuesday’s City Commission election.  If hand-picked new commissioners can be elected, past commission actions related to the irregularly negotiated more than $3 billion GRU-GREC contract may be kept from public consciousness. Bottcher has written the following version of the “FACTS” as devoutly wished by her and those who wish to re-write GRU-GREC history and thereby continue to mislead the public.

COMMISSIONER BOTTCHER’S INCREASINGLY DESPERATE PERSONAL ATTACKS AND ATTEMPTS TO MISLEAD THE VOTERS:

“Skop and Washington apparently learned nothing in law school about contracts, the Sunshine Laws or how bond ratings work. Both these candidates are promising that, if elected, they will force the city to break the contract with the owners of GREC (biomass plant).

“FACT: The contract was not done in secret. It has been a long standing policy that negotiations with a private contractor or business are conducted between city staff and the contractor. Once terms are set the contract goes to the full commission in a public forum for ratification. This is how it was done for GREC. This is in no way a violation of the Sunshine Laws since elected officials are not involved in the negotiation process. At the May 2009 commission meeting Commissioner Braddy made the motion to ratify the GREC contract, there was no public comment against it, and it passed unanimously.

“FACT: There was never a so-called buy-out clause in the GREC contract. The idea was discussed and after careful consideration between both parties it was decided that it was in the city’s and contractor’s best interests not to insert such a clause. Claiming such a clause existed and then was surreptitiously removed is patently false.

“FACT: Breaking the contract would ruin the proud AA bond rating this city enjoys. Not only would it cost the city hundreds of thousands if not many millions of dollars to break the GREC contract, it would have a long term devastating impact on the city’s ability to borrow money for future infrastructure projects (roads, new GPD building, RTS transfer station, etc). Anyone who advocates for now going back and breaking the contract is advocating for bankrupting the City of Gainesville.

“FACT: No one commissioner can force the city to do anything. There are seven voting commissioners and any changes require a majority of at least four. Even if any anti-GREC candidates is elected, the remaining commissioners have all voiced support for GREC. Even Commissioner Chase was quoted at two commission meetings last fall saying he is “committed to making GREC successful” and is “not interested in getting out of the contract.’”

RESPONSE TO COMMISSIONER BOTTCHER’S LATE ATTEMPT TO KEEP THE GRU-GREC CONTRACT SKELETON’S HIDDEN FROM THE PUBLIC:

FACT: Terms of the GRU-GREC biomass contract were secretly communicated to members of the Gainesville City Commission but not to the public. Gainesville City Commissioners and those who negotiated the GRU-GREC contract conspired to keep those ultimately responsible for paying for the cost of the GRU-GREC biomass project — GRU’s rate payers — from knowing how much the project was going to cost. Individual city commissioners also knew that the GRU-GREC biomass contract contained a provision under which details of the contract would be kept secret from the public until at least 2043. Aside from the breach of trust with the community that is inherent in these backroom dealings, what these commissioners did was to violate the Florid Government in the Sunshine Law. It has been admitted by the Mayor on the public record that he knew that the other commissioners knew key details of the project when they voted on it. The Mayor’s knowledge of what other commissioners knew is evidence of information Daisy Chaining, which is prohibited by the Florida Government in the Sunshine Law. As a result of these actions taken by commissioners in violation of the Sunshine Law, the GRU-GREC contract is void as a matter of law.

FACT: The negotiation of the GRU-GREC contract with the private contractor GREC’s predecessor in interest, Nacogdoches Power LLC, was authorized by the city commission in May 2008 to be carried out by new GRU General Manager Robert Hunzinger as a one man negotiation. A one person negotiation, under the Florida Open Meetings Law, allows negotiations to take place in secret without the need for public notice and public attendance.  Mr Hunzinger, contrary to his explicit instructions, organized a negotiating “team” headed by two co-lead-negotiators Ed Regan and John Stanton. This team-based negotiation required notice to the public and required negotiating team meetings to take place in the Sunshine.  As a result of actions taken by the negotiating team in violation of the Sunshine Law, the GRU-GREC contract is void as a matter of law.

FACT: At the May 7 2009 city commission meeting members of the Gainesville City Commission (but not Commissioner Ed Braddy, who was no longer on the city commission) — without notice to the public of the secret terms of the GRU-GREC contract, and without notice to the public that the the contract did not contain the back out clause that Commissioner Braddy and every other then commissioner by a public vote on May 12, 2008 in a public meeting required to be included in any contract executed by GRU General Manager Hunzinger — unanimously approved the GRU-GREC contract. As a result of these actions taken in violation of the Sunshine Law, the GRU-GREC contract is void as a matter of law.

FACT: A back-out or buy-out clause was specifically included in a version of the GRU-GREC contract the developer GREC had agreed to in September 2008. The clause existed and was removed, without the public being informed. Subsequently the city commission, without notice to the public, voted to ratify a version of the contract signed by General Manager Hunzinger. As a result of these actions taken in violation of the Sunshine Law, the GRU-GREC contract is void as a matter of law.

FACT: The action of the city commission in violating the Sunshine Law and then attempting to proceed with a void contract may threaten GRU’s and the city’s AA bond ratings. But while the city commission’s actions in entering into a contract void as a matter of law may threaten GRU’s and the city’s AA bond ratings, the “breaking” of a bad contract
through the legal process historically has not harmed GRU’s or the city’s bond ratings. The city on at least three occasions since the construction of the DeerHaven Generating Station has “broken” bad contracts when the public interest has required it, and neither the city’s nor GRU’s bond ratings have suffered as a result.

FACT: One or more commissioners’ bringing to light deficient negotiating and actions taken by the city not in the public interest can and has changed bad decisions made by the majority of the city commission. In December 2011 there were five commissioners, including Bottcher, who supported a scheme for the installing red light cameras at four intersections in the city under a contract that would have harmed citizens without substantial benefit to the community and a cost of more than $12 million to the citizens. Two city commissioners, with the assistance of members of the public, were able to demonstrate the folly of the Bottcher’s majority reasoning. As a result Bottcher’s support for the red light camera contract was abandoned, and the red light camera contract rejected by a 7-0
commission vote. Commissioners who have all voiced support for a contract can and do change their minds when held to account by other commissioners and the public.

The $64,000 question is:

How much more sheer nonsense and personal attack against independent-minded candidates will Bottcher spew forth in her continued attempts to influence the outcome of Tuesday’s election?