Sunday, September 14, 2008

Monday, July 7, 2008

CHICAGO POLITICS

RE; GRANT 07-203387


Mr. Thomas J. Homer, Inspector General
Office of the Legislative Inspector General
420 Stratton Building
Springfield, Illinois, 62706


Dear Mr. Homer:

In response to your letter of June 26, 2008, I must point out to you that you have zeroed in on one narrow aspect of the problem completely missing the larger complaint. To begin the Aurora Highway Commissioner is Fred Burgess, not Craig Burgess. Rep. Linda Chapa La Via had nothing to do with obtaining the Grant and should not have been given public credit for it.


I am forwarding to you copies of letters from the Grant file that you may not have. One letter shows the dte the Grant was approved, February 1, 2007. Until May 22, 2007 in a letter from Rep. Mike Madigan's office, Rep Chapa LaVia's name is never mentioned in connection with the Grant. The project began in 2004. Originally Mr. Burgess tried to fund the project with money from the City of Aurora and the Township Highway Department, but the Grant was eventually approved by the Dept. of Commerce and Economic Opportunity for $80,000 and the accepted bid was $74,343.30. The check for $20,000 from Rep. Madigan was issued May 3, 2007, months after the Grant was already approved and unnecessary.

Exhibit A, April 4, 2007, third paragraph states:
:Subject to the execution of this Agreement by both parties, the Grantee is hereby authorized to incur costs against this Agreement from the beginning date of 2/1/7 through 3/31/8, unless otherwise specified." Mr. Burgess did not need the $20,000 to proceed with the project. "The Grantee hereby agrees to use the funds provided under the Agreement for the purposes set forth herein" Not in any of the four bids received was there an amount quoted for the signs. The signs are never mentioned.

Before laying out the basis for my complaint, be informed that I sent copies of my initial protest letter to all the local state legislators whom Mr. Burgess had contacted when seeking funds for "Road Rebuilding". All turned him down stating there were no funds available. No letter exists from Rep. Chapa LaVia stating that she could not get the funds for "road rebuilding". There is no letter on file to Mr. Burgess indicating she was working on the Grant instead. There are not any letters in the file from Rep. Chapa LaVia. No paper trail. All transactions must have been done by phone or personally. How convenient, how unprofessional. It has been my experience that most questionable actions operate covertly. I do not intend to let this case go unnoticed, even if the local press treats it as if it is nonexistent. I do not want one man'ns opinion on this matter. Letters are being sent to my jury.

In law, the maxim is "qui tacet consetire", "silence gives consent", therefore if we are to construe anything from Rep. Chapa LaVia's silence in this matter it would be that she consented to the signs. Consented is perhaps too weak a word, I believe a deal was made in exchange for the $20,000. Rep. Chapa LaVia had ample opportunity to have the signs removed and to disclaim the message on the signs. Do you expect me to believe that Mr. Burgess had the four congratulatory signs erected without Rep. Chapa LaVia's knowledge? Those are stories for children.

The case here involves Grant 07-203387, which was issued on Feb. 1, 2007, to the Aurora Township Highway Dept. to "Span-Wire Traffic Signal Installation" from the Dept. of Commerce and Economic Opportunity for $80,000. Mr. Burgess wrote to the local legislators on March 26, 2007 seeking funding for "Road Rebuilding". Sen. Lauzen in his reply to Mr. Burgess suggested Sen Holmes and Rep. Chapa LaVia should be able to deliver funds to him now that the Ruling Majority owns all three appropriations elements. Rep. Chapa LaVia obviouls went to Rep. Michael Madigan's office seeking funding. There is where the switch comes in.

There is no receipt for the purchase of the signs, the cost of the labor or mention of when the signs were installed. Except that I presented the Township with pictures of the signs which were placed in the file, no one would know that the signs existed. Mr. Burgess never mentions or refers to them in his reports. Repeated requests for this information has continually been denied to me. Someone paid for these four large signs. Perhaps it was Rep. Chapa LaVia herselfand that is why Mr. Burgess is taking the hit for this serious matter. I call it fraud.

Besides the numerous letters that were sent to Mr. Burgess and to Mr. Murphy, the Township Supervisor, requesting the information on the signs, I raised the issue at two public Township meetings. Still I could not get a reply. I wrote to Mr. Jack Lavin, Director, Dept. of Commerce and Economic Opportunity, on five occasions requesting this information. I did not receive replies to my letters. I did get a phone call from the attorney for DCEO. The information I requested was not forthcoming. What are they concealing by their silence? Perhaps you should contact them. Stonewalling is not a virtue.

As it now stands the cost of the project was paid out of the Township General Revenue funds to be reimbursed by DCEO. The Township has not been reimbursed as of last week. I believe the DCEO is waiting for funding themselves. When questioning Mr. Burgess at a Township meeting as to what he intended to do with the $20,000 now that it is not part of the Grant, he replied "keep it".

Have you asked Rep. Chapa LaVia why she has remained silent throughout this controversy? Why she did not have the signs taken down since she did not obtain the Grant for the Township and that them message on the signs were misleading the public. A letter was sent to the papers from Rudy Neuberger praising her for her work in obtaining the Grant. My response to Mr. Neuberger was not printed. At the onset of this case I spoke with two reporters from the Beacon. I assume it was the editor who chose not to go public with the story. Why?

If you find out where the signs were purchased, you can find out their cost and the person who purchased them.. The company who made the signs can tell you who paid for them. It was not the Township or the Highway Department. There would be a record of it in the reports if they had paid for them. Who paid for the signs?

As the attached letters dated March 18 and 19, 2008 indicate, Rep. Chapa LaVia is still getting credit for the Grant she had nothing to do with. That is the most important aspect of my charges.

Joan Solms

Copy to: Sen. Chris Lauzen
Sen. Linda Holmes
Rep. Tom Cross
Rep. Tim Schmitz
Rep. Pat Lindner
Aurora Beacon
Fox Valley Labor News
El Conquisador

2112 W. Galena Blvd. #8, Box 180, Aurora, Il., 60506 630-631-5072

Tuesday, April 15, 2008

WHAT IS TO BECOME OF THE $20,000

GRANT 07--203387

To: Sen Chris Lauzen
Rep. Tom Cross
Rep. Tim Schmitz
Sen. Linda Holmes
Rep. Linda Chapa LaVia
Rep. Pat Lindner

On March 26, 2007, Mr. Fred Burgess sent each of you a letter seeking funding for "Road Rebuilding" due to the harsh winter of 2006-2007. Sen Lauzen replied by suggesting that Linda Holmes and Linda Chapa LaVia should be able to deliver funds since the Ruling Majority owns all three appropriations elements (i.e. Governor, House and Senate). This letter is to appraise you as to what has transpired since then.

Grant 07-203387 was issued on February 1, 2007 from the Dept. of Commerce and Economic Opportunity to the Aurora Township for the Aurora Township Highway Dept. to "Span-Wire Traffic Signal Installation". The award was for $80,000.00 The lowest and accepted bid was for $74,343.30 to Gaffney's Protective Maintenance Inc.

Rep. Chapa LaVia obtained a check for $20,000 from Rep. Michael Madigan in May, 2007 which was not applied to Road Rebuilding, but to the Grant for which four signs were erected on the corners of Farnsworth and Fifth Avenues in Aurora crediting Rep. Chapa LaVia with obtaining the Grant. Not true.

Investigating this matter with Mr. Burgess, he repeatedly informed me that he was unable to start the project without funding and that the award had not been forthcoming from DCEO. I had to persist in order to review the file. Mr. Burgess even sought an attorney's opinion before allowing me to have ongoing access to the file. Cost, $125.00.

In reviewing the file there was no mention of the signs, when they were installed, receipts for the cost of the signs or labor. The cost of the signs is not included in the bids. Repeated requests to Burgess, James Murphy, the Township Supvr. , Mr. Jack Lavin, Director, DCEO and protests to the State's Attorney, John Barsanti, concerning the illegality of these signs brought no response to my questions. This, in my judgment, is illegal government campaigning for a party member. To this day I have not received one response to my letters from Mr. Lavin nor has he returned my phone calls.

The project is now near completion. Two payments have been made to Gaffney in the amounts of $30,866.50 and $40,280.50 out of the Township General Revenue. At the Township meeting of April 8, Mr. Burgess confirmed that the bills were being submitted to DCEO for reimbursement. This was confirmed by Mr. Murphy also. Calls to Mr. Lavin for confirmation of this new agreement have not been returned . Perhaps this was the agreement all along. Mr. Burgess just lied to me to cover up the funding for the signs he had erected. The signs have come down, but my questions regarding the cost are still unanswered.

When questioning Mr. Burgess as to what he was going to do with the $20,000 dollar check from Rep. Madigan, he responded by stating that he was going to keep it. He needed it for general usage on this or various office projects. No mention of "Road Rebuilding".

In reviewing the Grant file, I noted that no general ledger of the funds was being kept. Mr. Burgess agreed that he does not keep general ledgers. Who does the yearly auditing review? I am not a CPA, but I did work in accounting for many years. It is very convenient to spend taxpayers money and not have to account for it. And this is only one project. How many others should be reviewed? How many other awards were credited to legislators wrongly?

Respectfully

Joan Solms


Why did Burgess have to hire an attorney to get an opinion on the Freedom of Information Act?
Mr. Murphy is a lawyer. The clerk, Mr. Thomas is a lawyer. Between Murphy and Thomas are we to believe that they do not have the knowledge or experience to understand the FOIA?

Saturday, April 5, 2008

Government is Shameless

Beacon News: Letter to the Editor:

Mr. Neuberger, I take this opportunity to inform you and the public that Rep. Chapa LaVia is not responsible for the stop lights at Farnsworth and Fifth Avenue. Grant 07-203387 was awarded to the Highway Dept. of Aurora Township on Feb. 1, 2007. The funding from the state faor the Grant has not yet been appropriated.

On March 26, 2007, Fred Burgess, Highway Commissioner sent a letter to all local legislators requesting funding for "Road Rebuilding". Rep. Chapa LaVia went to Rep. Mike Madigan for funds for this project. Madigan issued a check for $20,000 which was switched over to the Grant project to give the appearance that Rep Chapa LaVia had obtained the Grant and funding for the project. This is called illegal campaigning using tax dollars in my book.

I registered protests with the State Attorney's office and with Jack Lavin, Director, DCEO, who awarded the Grant. The specs for the project do not include the four signs posted at the corner praising Rep. Chapa LaVia. Nor can such signs be erected without approval. No approval was requested and none given. This is a violation of the contract.

In researching the project no receipts for the signs, cost of labor or date of installation could be found and are still missing. Many questions are still unanswered concerning the project and the funding. The Grant was for $80,000, the bid $74,343.30, paid out $71,147.00, balance, $3,196.30. As the Grant funds have not been received, I presume the money for the project is coming out of general revenues. Many ifs remain, such as, if the total $80,000 is received where will the $20,000 go, back to Madigan?

Neither Mr. Lavin, Mr. Burgess, nor Mr. Murphy, our Township Supvr. have answered my questions. I don't know how high or wide this cover up goes,but I intend to pursue it.

The truth is that the state may never fund the project, it has been done before. All of this information and more was given to the Beacon who choose not to go with this news item. It is set out on my Blog/ jbsolms.blogspot.com. I am pursuing several other items of interest during my campaign for public consumption.

Joan Solms, Candidate, 83rd District

Monday, March 31, 2008

LAW AND DISORDER

Mr. Jack Lavin, Director
Dept. of Commerce and Economic Opportunity
100 W. Randolph St., Room 3-400
Chicago, Illinois, 60601


RE: GRANT 07-203387

Dear Mr. Lavin:

While I have spoken with everyone to whom I am sending this letter, I have yet to receive any satisfaction from my inquiries. I want a written report on the legality of what was done by Mr. Fred Burgess, Highway Commissioner for Aurora Township.


As of yet I still have not seen a receipt for the cost of the signs that were installed at the corners of Farnsworth and Fifth Avenue or the date they were installed and the cost of the labor.

As I read the contract no signs could be bought or installed without prior approval from you. To do otherwise was in violation of the contract. There was no letter requesting permission for the Township to purchase and install the signs.
"Condition: The Grantee (must) obtain prior written approvals from the Dept. for material changes from the performance of the activities described in the Scope of Work."
A request for the signs was not part of the bidding process and is never mentioned in any correspondence.

As of yet the funding of $80,000 for the Grant has not been received by the Highway Department. Rep. Linda Chapa LaVia obtained $20,000 from Rep. Michael Madigan in response to a request from Mr. Burgess for "Road Rebuilding". Letters dated March 26, 2007 were sent to all area (local) legislators. The Grant was obtained on Feb. 1, 2007 for installing temporary traffic lighting. Several months prior to receiving the funds from Rep. Madigan.

Will the $20,000 be repaid to the "Road Rebuilding" fund once the $80,000 is given to the Aurora Township Highway Department?

Giving Rep. Chapa LaVia public credit for obtaining the Grant was illegal campaigning for her using public taxpayers money,especially if the money is to be returned to the "Road Rebuilding" account.

An amount of $30,866.50 was paid to Gaffney's PMI for services performed in response to a Waiver of Lien. In reviewing the file on March 14, I did not see where the Grant money had been otained from the state so I assume the #30,866.50 was paid out of general revenues. Mr. Juan Thomas, clerk (lawyer) was present while I was reviewing the file, but was unable to answer any questions I put to him.


I expect a written report on this matter. If Mr. Burgess is in violation of the contract as I am charging him with, what is the penalty? No penalty will suggest that the law and contracts are meaningless when dealing within government bodies or for Mr. Burgess, Rep. Chapa LaVia and Mr. James Murphy, the Township Supervisor.

I include Mr. Murphy in mycharges as experience tells me that these transactions did not happen in a cacuum. Mr. Murphy had a chance to explain orcondemn My Burgess's actions at the Township meeting and he did not. It was obvious that he was aware of the situation and called for an executive meeting to discuss it with the other members of the Board.

Even if Mr. Murphy had no knowledge of the signs that were to be erected, to cooperate with this wrong doing shows a lack of character and honesty on his part. What I am expereiencing is all too typical of government run departments. Longevity produces complacency and license. I expect a higher standard from all of you.

Please remit to me a complete report on this case as soon as possible. I want something in writing.

Joan Solms

copy: Betsy Flood, Asst. State's Atty.
copy: Mr. Stryker, Atty.

Tuesday, March 18, 2008

Why is the BEACON Affraid of Joan Solms

Mr. John Barsanti, State Atty. Civil Division, 100 S. Third St., 4th Floor, Geneva, Il. 60134

RE: COMPLAINT REGARDING AURORA TOWNSHIP SIGN

Dear Mr. Barsanti:

Following up on my personal investigation of Grant 07-203387. I was finally able to review the Grant file on Thursday, March 13, 2008. I am satisfied that the $5,630.00 was spent legitimately. The file still does not include any letter asking to purchase the four signs nor approval for them. The file does not indicate the cost forthe signs or the labor to install them. The report covering the period of Jan. 1 through Feb. 29, 2008 had not been submitted by Mr. Burgess yet.

As I reviewed the file agains what should have been obvious to me was not. You may have already concluded what I had missed
A letter was sent to every area legislator seeking funding for "Road Rebuilding" due to the harsh winter of 2006-2007. Copy attached. Sen. Lauzen suggested that Mr. Burgess contact rep. Chapa LaVia for funds. Rep. Chapa LaVia went to Rep. Madigan and was able to secure $20,000 which was supposed tobe sued for road repairs. The funds were switched to the Grant and Rep. Chapa LaVia given public credit for the Grant. There is no mention of this transfer of funds in the file, it obviously was done by word of mouth which all parties agreed to. Mr. Burgess, Mr. Murphy, Rep. Chapa LaVia and Rep. Madigan.
Had Sen. Lauzen secured funds as requested by Mr. Burgess faor "Road Rebuilding" would a sign have been erected in his honor. No, the funds would just have used for road repairs.
Rep. Chapa LaVia last year received $350. in campaign funds from the Township Officials of Illinois, PAC.
I expect the signs be taken down and the expense for the sigtns and cost for labor tobe recouped and put back into the Grant funds.