I will not ask a county taxpayer or any citizen to do something I would not do myself. Someone needs to take a stand against the status quo and the entrenched few who choose to benefit themselves, instead of governing Kendall County for the collective common good of all.
Below is formal written complaint that I authored and filed on 11-22-2013 with the Kendall County State’s Attorney Office, which documents several recent No-Bid jobs. The Kendall County and Bristol Township government infrastructure work in question is documented with official government records, which I received and it begs for answers on why this needed work was not performed by official public notice and mandated sealed bid procedures. Please review my complaint and after doing your own review, please considering joining me by sending an email to Kendall States Attorney, Eric Weis as provided below.
There are reasons why Kendall County Citizens pay some of the highest property taxes in the US and it has to stop before we are taxed out of our homes. There are laws that require our local governments to get competitive bids for ALL jobs/projects costing more than $30,000 for Counties and $20,000 for Townships because when contractors compete for work it drives job costs down and saves taxpayers money. I have uncovered evidence where it seems that not only have these laws not been followed but also in the case of the Bristol Township Board, they worked with certain contractors, going to EXTRODINARY LENGTHS to circumvent the law. There is strength in numbers, so please take a stand, and ask for some accountability from those who are responsible.
Find out what's happening in Oswegowith free, real-time updates from Patch.
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Request to Investigate “Bid Stringing” in Kendall County
Find out what's happening in Oswegowith free, real-time updates from Patch.
WALK-IN Formal Written Complaint
11-22-2013
Dear Kendall County State’s Attorney,
I wish to bring to your attention certain actions by the Kendall County Highway Engineer, the Bristol Township Board Supervisor and/or Bristol Township Board of Trustees and/or the Bristol Township Highway Commissioner (Collectively, the “Township”) that may have not complied with the bidding requirements in the Illinois Township Code, 60 ILCS 1/85-30.
(60 ILCS 1/85-30)
Sec. 85-30. Purchases; bids. Any purchase by a township for services, materials, equipment, or supplies in excess of $20,000 (other than professional services) shall be contracted for in one of the following ways:
(1) By a contract let to the lowest responsible bidder after advertising for bids at least once (i) in a newspaper published within the township, or (ii) if no newspaper is published within the township, then in one published within the county, or (iii) if no newspaper is published within the county, then in a newspaper having general circulation within the township.
(2) By a contract let without advertising for bids in the case of an emergency if authorized by the township board.
This Section does not apply to contracts by a township with the federal government.
(Source: P.A. 94-435, eff. 8-2-05.)
As you know, Section 85-30 of the Code requires Bristol Township to let any purchase of services, materials, equipment or supplies in excess of $20,000 through competitive bidding. Any project that exceeds the $20,000 threshold figure must be publicly bid and awarded to the lowest bidder.
The only exemptions from the bidding requirement are: 1) where the contract is let in the case of emergency, (2) where the contract is between the township and the federal government, or 3) where the Township contracts for the purchase of used equipment, purchases at auction, or any similar transaction, which by their nature are not suitable to competitive bids.
Mindful of the public benefits served by requiring contracts to be competitively bid, the General Assembly amended the Illinois Criminal Code of 1961, 720 ILCS5/1-1, et seq.,by P. A. 90-800 to prohibit “stringing” which is defined as knowingly structuring a contract… to avoid the contract…being subject to competitive bidding requirements.” 720 ILCS 5/33E-2 (i-5). “No person for the purpose of evading the bidding requirements of any unit of local government or school district shall knowingly string or assist in stringing, or attempt to string any job order with the unit of local government or school district.”
(720 ILCS 5/33E-18)
Sec. 33E-18. Unlawful stringing of bids.
(a) A person commits unlawful stringing of bids when he or she, with the intent to evade the bidding requirements of any unit of local government or school district, knowingly strings or assists in stringing, or attempts to string any contract or job order with the unit of local government or school district.
(b) Sentence. Unlawful stringing of bids is a Class 4 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)
I have reason to believe that the Township work performed in the Lynwood Sub-Division from 4-20-2010 to 11-30-2010 may have been structured to avoid the state mandate for competitive bidding. The Township appears to have broken up what logically could have been a single drainage work contract for well over $200,000 into many separate contracts, each under the $20,000 threshold of the statute. Rather than award all this sub-division work by competitive sealed bid, the Township hired Deacon Wheelers LLC, Manager Michael R. Wheeler, 96 Timber Lake Trail East, Oswego, IL. 60543 to do what was described initially as engineering services on 4-20-2010 for $18,762.00, Invoice # 2001 and ending 6-30-2010 for $9485.00, Invoice # 2006. It would appear No Official License Registration for any engineer type qualifications are on file for Deacon Wheeler LLC or Michael R. Wheeler at the Illinois Dept of Professional Regulation. See Exhibit A = http://www.todd4kendall.org/ Patchblog/ 2014 Exhibit A.pdf
( A Database search for “up to date” State of Illinois Engineer Licensing was performed for Deacon Wheeler LLC and Michael R. Wheeler and/or Michael Wheeler at State of Illinois Dept of Financial and Professional Regulation on 11-18-2013 at website = https://www.idfpr.com/LicenseLookUp/LicenseLookup.asp )
The Township then contracted Oswego Excavating LLC Manager, Mike Wheeler, 328 E. Washington, Oswego, IL. 60543 to perform thirteen jobs in Lynwood Sub-Division from 5-12-2010 to 10-5-2010. (SEE Exhibit “B =
http://www.todd4kendall.org/ Patchblog/ 2014 Exhibit B.pdf
(Bold Highlighted section below is still within Statute of Limitations)Below are specific check dates and check amounts with the detailed contract description and the individual billing invoice obtained from the Township Permanent Road account check ledger (SEE Exhibit “B,” 43 pages in total) that show Oswego Excavating LLC being paid to perform $193,127.40 of contracted work in the Lynwood Sub-division:
5-31-2010 Invoice #4613 (Page 5, 6, 7 of 43) $12,686.00
5-31-2010 Invoice #4614 (Page 8,9,10 of 43) $6,593.15
6-30-2010 Invoice # 4618 (Page 11, 12, 13 of 43) $18,548.00
6-30-2010 Invoice # 4619 (Page 14, 15, 16 of 43) $16,715.25
7-30-2010 Invoice # 4621 (Page 17, 18, 19 of 43) $9,982.00
7-30-2010 Invoice # 4622 (Page 20, 21, 22 of 43) $19,398.00
8-31-2010 Invoice # 4623 (Page 23, 24, 25 of 43) $18,932.00
8-31-2010 Invoice # 4624 (Page 26, 27, 28 of 43) $16,755.00
8-31-2010 Invoice # 4625 (Page 29, 30, 31 of 43) $17,854.00
11-30-2010 Invoice # 4633 (Page 32, 33, 34 of 43) $12,132.00
11-30-2010 Invoice # 4634 (Page 35, 36, 37 of 43) $14,862.00
11-30-2010 Invoice # 4635 (Page 38, 39, 40 of 43) $14,694.00
11-30-2010 Invoice # 4636 (Page 41, 42, 43 of 43) $13,976.00
Please also note that the Oswego Excavating LLC Invoices submitted for payment to the Township, that are listed above are for the Lynwood referenced Sub-Division drainage work and are consecutively numbered, as Invoice #4621 to Invoice #4625 for the five Oswego Excavating LLC Invoices billed for the work performed in July 2010 and August 2010. As were the four Oswego Excavating LLC Invoices that are consecutively numbered from #4633 to #4636, submitted for payment for contracted work performed in the month of November 2010. Any one of these invoices added to just one of any of the others would exceed the $20,000 bid requirement threshold.
A FOIA request was sent to the Township to produce the Township’s Official Published Bid Notice(s) for any needed contract work in the Lynwood Sub-division during the time in question as was required by 60 ILCS 1/85-30. The Township responded by email on 11-20-2013 to the 11-15-2013 FOIA request and Officially Declared in writing that No published notices exist. It appears that there was no official Township Public Notice “Let for Bid” published for this needed drainage work in the Lynwood Sub-division or that this job was ever advertised for competing sealed bids in the Township’s local newspaper of Record as mandated. (SEE Exhibit “C”= http://www.todd4kendall.org/ Patchblog/2014 Exhibit C.pdf
Beginning 4-30-2010, through 11-30-2010, there are numerous additional entries listed for various products and services in the Township’s Permanent Road Account Board Report (SEE Exhibit A= http://www.todd4kendall.org/ Patchblog/ 2014 Exhibit A.pdf) referencing the Lynwood Sub-Division. These additional entries found are referenced to the Lynwood Sub-Division and are for extra charges for additional needed products and/or services, which are over and above the 13 Oswego Excavating LLC billing invoices listed, which total $193,127.40 in contracted work. All of which were used or performed in conjunction with the Oswego Excavating LLC-Lynwood Sub-division Drainage Job, and this does not include the $28,247.00 in engineering that was billed by Deacon Wheelers LLC for Lynwood Sub-Division Drainage.
It is recognized that that the Township does not have to let for bid for professional services. It has no statutory requirement to do so, but the Township should consider seeking those services from someone or from a business who has registered as an engineer with the State of Illinois Dept of Financial and Professional Regulation, then verify the qualifications and licensing of that engineer before that person is to be hired to perform $28,247.00 in professional work. Please see, Deacon Wheeler Invoice # 2001 and Invoice #2006 with Township check labeled for engineering services and Lynwood Sub-division. SEE Exhibit “B = http://www.todd4kendall.org/ Patchblog/ 2014 Exhibit B.pdf,” Pages 1, 2, 3, and 4 of 43 and Exhibit “D = http://www.todd4kendall.org/ Patchblog/2014 Exhibit D.pdf
Upon Reviewing the Official Township Meeting minutes for the monthly Township meetings held from Oct. 2009 through Nov. 2010, there are several references made in the Official Township Monthly Meeting Records by Township Road Commissioner, Jeff Corneils that reference the work in Lynwood Sub-division. On 5-5-2010, Road Commissioner Corneils said he will be having the drainage issue corrected in the Lynwood Sub-Division (Exhibit E = http://www.todd4kendall.org/ Patchblog/2014 Exhibit E.pdf - Page 2 of 5). On 6-7-2010, Road Commissioner Corneils said that the work in Lynwood Sub-division will be done in different sections and that this was approved by Fran Klaus, Kendall County Highway Dept. (Exhibit E= http://www.todd4kendall.org/ Patchblog/2014 Exhibit E.pdf - Page 3 of 5). On 8-4-2010, Road Commissioner Corneils reported that the Drainage Work in Lynwood is two thirds done (Exhibit E = http://www.todd4kendall.org/ Patchblog/2014 Exhibit E.pdf - Page 4 of 5). On 9-1-2010 Road Commissioner Corneils reported that 85% of the work was done in Lynwood Subdivision with only some grade-all work and some landscaping left to be completed, (Exhibit E = http://www.todd4kendall.org/ Patchblog/2014 Exhibit E.pdf - Page 5 of 5). The meeting minutes reference indicate a percentage of work completed for one job and that this was in fact one comprehensive Township Drainage Project, not 13 separate jobs with questionable engineering. (Exhibit E = http://www.todd4kendall.org/ Patchblog/2014 Exhibit E.pdf– Official Bristol Township Meeting Minutes)
For all the evidence presented, cataloged and documented above there is a forthwith need for additional investigation by a state law enforcement agency and possible referral for prosecution of the responsible parties who are culpable and failed to comply with longstanding township laws that pertain to bid stringing, official misconduct and malfeasance. It is urgent that this matter needs to be properly reviewed and addressed to the satisfaction of the taxpayers of Bristol Township, Kendall County, IL.
Kendall County State’s Attorney Weis, as the former Campaign Chairman for “The Committee to Elect Keith Wheeler” in 2010, a declared partner in Oswego Excavating LLC family business since 2007 it could be perceived that you may have a conflict of interest in this requested investigation, made by this formal written complaint. You may want to consider disqualifying yourself from this requested investigation. Please make the required referral to the Special Prosecution Unit of the Illinois State’s Attorneys Appellate Prosecutor’s Office to investigate the formal written complaint that is now being filed with your office on 11-22-2013. (See Exhibit “F = http://www.todd4kendall.org/ Patchblog/ 2014 Exhibit F.pdf” and Exhibit “G = http://www.todd4kendall.org/ Patchblog/2014 Exhibit G.docx
Date: Nov. 22, 2013
Signed:
Todd Milliron Add Your Name (print):
61 Cotswold Drive Sign Your Name:
Yorkville, IL. 60560 Print your address
Phone = 630-553-9590
Email = tmilli5101@aol.com City, State, Zip Code
If you, the taxpayer think this matter needs additional investigation or review for compliance with state statute, please Copy and Paste the above complaint to your email, add your name next to mine above with your address, then email to:
eweis@co.kendall.il.us and Tmilli5101@aol.com
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Kendall SA Eric Weis 12-2-2013 letter requesting County Engineer additional documentation = http://www.todd4kendall.org/ Patchblog/2014 SA Weis request for additional Kendall County Highway engineer documentation 12-02-2013.pdf
and Lynwood Subdivison Drainage Work map = http://www.todd4kendall.org/ Patchblog/2014 Lynwood_String_Bid_Map_Legal(1).pdf
How bad is it?
In the fall of 2010, The Bristol Township Board’s drainage project to reduce flooding in the Lynwood Subdivision spent $311,704.51. In order to avoid the $20,000 threshold requiring a job to be put out for competitive bid, this sub-division drainage job was split up and spread amongst 50 separate Township Ledger entries, of which all were from $19,398.00 and down. I put together a map using the Township Ledger entries to show geographically where work was performed in Lynwood Subdivision so I could better understand how the project had been broken up. What I found after digging through Township records simply appalled me. As a prime example, on 8-30-2010, Work on a single ditch by Oswego Excavating LLC at West Rickard Drive, Machine & Labor Costs alone totaled $53,541.00 and had been divided into 3 separate invoices of $18,932 $17,854 $16,755 keeping this single ditch work below the $20,000 competitive bid threshold. Additional costs such as, trucking, blacktop, ECT were all also considered as s e p a r a t e ledger entries.
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Todd Milliron’s 12-11-2013 Email reply
Dec. 11, 2013
Kendall States Attorney Eric Weis
807 John Street – Kendall County Courthouse
Yorkville, IL . 60560
Reply to Kendall S.A. Dec. 2, 2013 Letter re Nov. 22, 2013 Walk-In Data Form w/exhibits
Dear Kendall States Attorney Weis:
You are correct that the Kendall County Engineer is only specifically referenced once in my 11-22-2013 complaint, which was obtained from the Official 7-7-2013 Bristol Township meeting minutes. The one sentence reference I cited is from the monthly Bristol Township Open Meeting held in July 2010, not June 2010 for your clarification. I do not have any specific additional Bristol Township documents to add at this time regarding the Kendall Highway Engineer’s involvement in the Lynwood Drainage job. I would like to bring to your attention some additional Kendall County Highway Dept. documentation, which has been found, that does show The Kendall County Engineer’s disregard for the State’s Procurement Code.
Please see your copy of 19-page Illinois Attorney General Complaint dated June 15, 2012, filed by the Law Office of Dowd, Bloch, and Bennett, titled,” Kendall County Competitive-Bidding Issues” that was authored by Robert S. Cervone which also shows your office has received a CC-Copy of this formal written Illinois AG Complaint last year. For your convenience, I have attached another copy of that 6-15-2012 AG Complaint for you to now include and incorporate into my current complaint that your office received on 11-22-2013 that I formally requested to have investigated. Please note in the AG complaint cited that one of the contractors performing work for the Kendall County Highway Engineer and Kendall County Highway Dept for the questionable Plainfield Road Project is also the same Contractor who performed the Lynwood Subdivision Drainage Work.
http://www.todd4kendall.org/ Patchblog/2014 6-15-2012 Laborers_Complaint to Illinois AG.pdf
In that 6-15-2012 AG Complaint filed, there are two newspaper articles listed as (page 18 and 19 of 19) AG Exhibit G, which reference the Kendall County Engineer making public statements. In two separate newspaper articles with differing dates, one written by Record Reporter Matt Schury (8-4-2011 Kendall County Record), and the other by Beacon News Reporter Steve Lord (11-11-2011), the Kendall Highway Engineer’s attitude regarding the state procurement code and ways to put contracts together to avoid following state law is stated.
Another AG Letter (Page 7 and 8 of 19) exhibit, AG Exhibit “B,” the 11-18-2011 FOIA request, titled as “Orchard Road Repairs at BNSF Overpass,” clearly documents that there was no public body resolution to authorize taxpayer funds to be spent for this Orchard Road Repair Job. No minutes can be found for this job where it was ever discussed at the Kendall Highway Committee or at the Kendall County Board during Open meetings. That 11-18-2011 FOIA also documents this county Job was not bid, that there was no specifications for the work that needed to be performed , that there is no written award for this needed work. The notice to proceed for this job was given verbally. I believe the Kendall Highway Engineer has a 'MO" and the documentation I have presented clearly establishes a pattern and a basis for the requested factual background you requested. I have no specific documentation at this time which refutes or collaborates the 7-7-2010 Bristol Township Road Commissioner open meeting statement, “that the work in Lynwood will be done in different sections and that this was approved by Fran Klaus, Kendall County Highway Dept.” I can only provide you with recent documented examples of county jobs the County Engineer was responsible for awarding.
http://www.todd4kendall.org/ Patchblog/2014 5-16-2012 revised Plainfield_Road FOIA.pdf
Enclosed is the 17-page May 16, 2012 Plainfield Road FOIA in its entirety, please see answers and documentation provided by the Kendall County Highway Dept. to the FOIA questions that were posed.
Also enclosed is another attached 6-page (Two Additional Kendall County Highway Department._No_Bid_Contracts) file, which documents the Kendall County Highway Dept. indifference to “Governmental Best Practices and IDOT Standards for Local Roads” procedures for two additional county jobs. Please remember the Kendall County Highway Engineer sets the example for how business should be conducted at the township level. The nine elected Township Road Commissioners in Kendall County interact and take direction from the Kendall County Highway Engineer. If the Kendall County Highway Engineer is capable of ignoring State Procurement Regulations and Rules, then each Township’s Road Commissioner may also do so because it is allowed at the county level.
The 1-19-2012 FOIA for Fox Road Crack filling by CAM (page 1 and 2 of 6) documents that there is no public body resolution to perform the project, that the project was never discussed at ANY county meeting level, either in executive session or open meeting session, by a duly elected public body or its elected representatives, individuals who were elected to that public body to be accountable to local taxpayers. This Fox Road crack-filling project was not bid. No bid tabulations were submitted by the contractor, and there is no notice of award or a written notice to proceed to perform this needed work on Fox Road, a county road. Likewise, another county project (page 4,5 and 6 of 6) being referenced is for a $38,319.00 Invoice, for work performed at Newark Road and Rt. 47 by Gee Asphalt Systems, Inc., which shows initially that the contracted work was over the $30,000 County Bid threshold. Then, for some unknown reason, a trade discount at time of billing reduced this job to $29,984.00, just $16.00 below the required $30,000 County Bid threshold, an unusual arrangement to say the least. Here again for this Rt.47/Newark Road Job there was no public body discussion on this project, no public body resolution to expend tax payer funds for this project. There was no bid notice for the project. There was no bid tabulation performed, nor was there any written bid submitted for the needed work, which initially was quoted at $38,319.00.
I believe the documentation that has been provided indicates that the Kendall County Highway Engineer has more than a propensity to disregard local Government Best Practices and the written rules enacted by the State of Illinois Legislature which were put in place to thwart favoritism, steering , the stringing of government contracts, the awarding of government contracts without prior deliberation and/or the authorization of elected government body representatives who are delegated by the electorate to oversee the spending of tax payer funds. In so doing, Local Government Best Practices along with well Accepted Procedures for awarding government contracts were ignored, which brings into question whether the best possible price for needed government goods and services were obtained. The evidence I have presented questions whether local units of government are following mandated rules and if the jobs in question were properly awarded in Bristol Township and Kendall County. Did local taxpayers get the best possible price for these public works jobs? Clearly, a pattern of improper behavior has been documented and it warrants further investigation. Mr. Weis, it is up to you to forward this request to investigate and let others, not yourself who is so closely associated with those involved, decide who is responsible, who set the precedent that it is OK to disregard longstanding and accepted procedures for conducting government business on behalf of local taxpayers.
Mr. Weis, I am a firm believer that the leader (Department Head) of the Kendall County Highway Dept., sets the example for others who he must work with (Township Road Commissioner) to follow. It would not be uncommon that these elected individuals would seek guidance or direction for Township Road projects; in this case, it was a drainage job in Lynwood Sub-division. It is the County Highway Dept. Head’s actions, which has allowed well-accepted procedures to be skirted. Ultimately, local Kendall Township Road Commissioners do take direction and develop their fundamental attitude on how to operate their local township road dept. from the Kendall County Highway Engineer’s attitudes and actions.
The complaint that I made regarding my documented findings in Bristol Township’s Lynwood Sub-division are similar and comparable to the above county evidence I presented. It shows your clients, certain and prior elected individuals on the Kendall County Highway Committee and the Kendall County Board, failed in a number of instances during the period in question, to follow their own procedures, well accepted local government “Best Practices” and state statute for allocating public funds for needed county public works projects. Since you legally represent the Kendall County Board, that attorney/client relationship is yet another reason for you to consider disqualifying yourself from the investigation I have ask to be performed. Please forward my request for an investigation and all the evidence I presented to the Special Prosecution Unit of the Illinois Appellate Prosecutors Office.
Signed: Todd Milliron
61 Cotswold Drive
Yorkville, IL. 60560
Email = tmilli5101@aol.com
Phone # =630-553-9590
PS: Please confirm receipt of this email and then tell me if I need to print this email out with the four attached exhibits and have it notarized in your office as I did with my initial 11-22-2013 Lynwood Sub-division Complaint.
