This is a 2004 guest editorial piece that appeared in the Horicon Daily Citizen.

It was written by Eric Becker, the former president of the Beaver Dam Area Development Corporation. It refers to Ed Garvey, the attorney in the case brought by the Citizens for Open Government.

For similar sentiments, see Gaylin Morgan's speech at the Jefferson Development Corporation banquet at Meadow Springs Country Club in June 1999.

Is Beaver Dam headed forward or backward?
By ERIC L. BECKER

Where is Beaver Dam headed? It is the question getting a lot of attention these days. It can be answered negatively by those who are habitually looking backwards and complaining or it can be answered positively by those who see our growth as a positive development. My view is Beaver Dam will experience positive growth and is providing jobs and tax base to our community.

I have been president of the Beaver Dam Area Development Corporation for the last three years. My term ended in January. I participated in the effort to bring the Wal-Mart Distribution Center project to Beaver Dam. I am unhappy with the misinformation spread by Ed Garvey on behalf of those few people he represents and other community members who always see our glass as half empty. We should look on this as our city's opportunity to prosper.

An overwhelming majority of people living in the city of Beaver Dam, the Beaver Dam School District, and Dodge County are happy to welcome an employer who will bring 600 to 900 jobs which have fringe benefits, and $55 million of tax base. We will have one employer with an annual real estate tax bill of around $1.4 million. Many of the jobs will be well paying jobs. That is good news in our county which has seen a number of layoffs. I join this silent majority in expressing my appreciation for Beaver Dam's effort to attract this employment and tax base.

Let's look at how economic development is done. The Beaver Dam Area Development Corporation (BDADC) was formed in 1997. It is a private, non-stock, not-for-profit corporation which has an unpaid, voluntary board of 13 directors. The mayor and chair of the city council's Development Committee are two of the directors. The BDADC has as its primary goals the creation of jobs and tax base for Beaver Dam by supporting existing businesses and attracting new businesses. Its only client is the city of Beaver Dam. Trent Campbell is employed by the BDADC. Campbell is not an employee of the city.

Since 1997, the BDADC supported the creation of jobs and tax base when it helped with expansion projects at Apache Stainless Equipment Corporation, Finlay Industries, Willow Foods, Inc., Parent and Dott, Ltd., Nancy's Notions, Kraft Foods, Breuer Metal-Craftsmen, Inc., K&L Services, MSA Professional Services, Water Technologies, Inc., Herter's, White Construction Co. and Precision Metal Fabricating and when it assisted in bringing Northwoods Paper Converting, MEC and Gardner Equipment Company to our community. It has helped smaller employers get a jump start like Shaver Builders, Sunnyside Inc., White Plumbing, Precision Structures, Struc Rite Design and Service Heat Treating. I'm certain we all have family, friends or acquaintances who are employed by these fine businesses. Remember, this has been accomplished by the BDADC over the last seven years, demonstrates it has been successful and it is here to help. The corporation's work is done without fanfare and for competitive reason, done in private until public action by the city is required.

The opponents of the Wal-Mart Distribution Center are grasping at straws. The district attorney confirmed for Charles Sena there was no violation of Wisconsin's Open Meeting Law. Here is what the DA told Sena and everyone else interested in this matter:

"... this investigation has found no secret meetings, no secret votes, or any other substantive violation of the open meetings law. After careful scrutiny and consideration, I have no basis to bring any action against members of the Beaver Dam City Council or the Mayor of Beaver Dam for violations of Wisconsin's Open Meetings law."

What about the annexation? There isn't anything illegal about the annexation of land. The meetings have been properly noticed to the citizens of the city, Town of Beaver Dam, Town of Trenton and the state of Wisconsin. No matter how Mr. Garvey and his colleagues spin it, annexation of township land for city development purposes happens all the time. The Wisconsin Legislature has seen fit to make it relatively easy for cities to do just that. Mr. Garvey makes an income encouraging people to band together to fight city hall. I do not think they will be successful. Garvey's most recent remarks after hearing of District Attorney Bauer's decision sound like the statements of an attorney who does not have the facts or law on his side so he makes statements which are impolite, personal and demeaning. Is he cheerleading for his fees?

No matter what others say, here is what the agreement between the city and Wal-Mart requires on important points. The Memorandum of Understanding (MOU), which is a public document, in its Article VIII provides:

"In the event the Company does not construct and operate the building, investing at least $55 million in real and personal property (land, building, rack and conveyor), and does not create at least 450 full-time jobs by December 31, 2007, the City's reimbursement obligation under this grammatical paragraph shall cease, and the Company shall reimburse all out-of-pocket expenditures of the City on behalf of this Project including expenditures for off-site utility and road improvements and land acquisition reimbursement as set forth in this Agreement."

Mr. Garvey shouts Beaver Dam is just giving away the money without a guarantee. I don't think so. He complains along with the "half empty" crowd that this is so secret it is against the public interest. Here are a couple of more quotes directly from the Memorandum of Understanding:

"The company acknowledges that the City will be required to follow all necessary state statutes and municipal ordinances respecting any petition for zoning changes and the MOU is not to be construed to guarantee the outcome of the petition process."

"Further, the company acknowledges that if annexation occurs, the parcel annexed will become a part of the City zones, by ordinance, as R-1."

It is clear to anyone who reads these sentences that no secret promises were made on zoning or annexation. The plain language does not guarantee any outcome. I believe the public's interest is fully protected.

It is now confirmed the city did not meet or vote in secret or violate the Open Meetings Law. Mr. Sena's complaint has been answered. Yet, it would appear that has not stopped Mr. Garvey from continuing to spew forth his silly comments. When Mayor Olson wrote his May 7 letter, it was sent to a man who was a real estate agent for an undisclosed buyer. Yet, in the Feb. 3, 2004 Metro North Section of the Journal-Sentinel Garvey is quoted as saying "I think Wal-Mart would have the case for a lawsuit if the council would have turned it down in October." He also is quoted as saying "To believe that there hadn't been any serious discussion before it was approved is fanciful." Then he pulls out what he must believe is his professional trump card, "It would be awful nice to have some people under oath to respond to questions."

It is my opinion that during all of this city officials have been nothing but supportive of this effort to bring jobs and tax base to Beaver Dam. Garvey's comments are those of a desperate attorney who does not have the facts or the law on his side but who has to justify his billable hours to his clients. Are those people really willing to spend thousands of dollars "fighting city hall?" The citizens looking backward say they only want open government. I think we all see through that. How can they say with a straight face they are not against jobs or an increase in the tax base? The truth is they do not want 600-900 jobs and $55 million in tax base because they think it is in their backyard.

It is my opinion the city of Beaver Dam is doing exactly what any responsible person who has run for mayor or the city council have always said to the voters about jobs and tax base. The city has taken steps to create jobs for the community and has taken steps to increase the tax base thereby reducing our tax burden. Beaver Dam ought not let the 30 people who do not live in the city or the annexed territory, or their attorney hold the rest of us back. Let us look positively forward together and enjoy the fruits of this effort. Hey, more development is certain to follow like restaurants, hotels, service businesses and residential growth.

The glass is not empty but filling.