“It doesn’t take a majority to win, just a tireless minority that will keep starting brush fires in the mind and hearts of their fellow men.”

Samuel Adams

Tuesday, August 20, 2013

Super Majority Vote term used by City Attorney

After Ald. Waldorf gave us all the reasons why TEST is the only company able to do the work for the city and therefore we MUST "give" them the contract to continue their work, then it was the push was continued by Atty Schweikert.

And when Ald. Perez asked about bidding ANYTHING over $20,000, the city atty said not necessary if you have a super majority vote. So today everyone is asking what in the heck is a super majority vote. This only shows us that the deal is already sealed with TEST. The mayor, the city council and the atty have no desire to go out for bids for the large and long contract.
 Isn't it required by law?

I was not impressed with Ald. Waldorf or Atty Schweikert and their display of persuasive tactics attempting to convince the people they knew absolutely what they were talking about and we should not even be concerned that no bids would be sought beside that from TEST which has been already given to the city.


42 comments:

Justin Loger said...

I thought the "super majority" vote was 6 or greater, and technically any purchase greater than $20,000 doesn't have to be bid out. For example: if I have a piece of proprietary equipment that the city wants to purchase, and I am the sole patent holder of this equipment with a price tag of $35,000, then there would be nothing to bid out. Granted, the price is greater than $20,000, but I am the sole patent holder and producer of it, therefore a bidding process is not necessary. I hope this helps clear up any confusion.

Peru Town Forum said...

Up until last night, they have consistently gone out for bids over 20,000 and they would make that statement that it was necessary. Now when they don't want to for reasons we all pretty much know that the relationship is much too cozy. How about the political contributions, how do they play out in the grand scheme?

Justin Loger said...

You are correct, Lois, we have consistently gone out for bids. Most bids have been for infrastructure related projects, in that aspect, there are always more than one contractor, I was just giving an example on how the bidding process didn't apply. For this situation, I assume, if it doesn't pass by super majority then it will have to go out for bid; as for the political contributions, anyone and everyone is free to draw their own conclusions!

Peru Town Forum said...

PDF]
Legal Brief - Illinois Municipal League

Perhaps Home Rule has kicked in again.

Anonymous said...

Another reason why Harls machine had to Pull out all stops to remove Sherry before this bid came up. Without super majority, he would be unable to ram these things through. Alderman Perez will be the target next.

If you chart the voting blocks over the Harl administration, it is statistically virtually impossible that meetings and decisions are not being made outside the chambers. There is little debate or discussion, only passage.

How can an area so known for argument and stubborn cliques find alderpersons who consistently all think exactly the same on issues? Where are the dissenting votes? Where is the spontaneous debate?

Anonymous said...

So Justin is TEST the sole patent holder?

Anonymous said...

Lois, Please post an URGENT message on this blog encouraging Peru residents to contact their alderman and tell them we want this project let to lowest competent bidder.
I know that most of the aldermen and mayor are already dead-set against doint the proper and ethical thing, but there may be a few who will rise to the occasion and do the right thing to prevent a super-majority vote.
C'mon people call them up or e-mail them and tell them to do the right thing.

Anonymous said...

What things are being rammed through by Harl 7:46? I was at the Monday meeting and the bike trail was not rammed through by the Alderpersons.

Peru Town Forum said...

a majority greater than a specified number, as 60%, of the total: required to pass certain types of legislation, override vetos, etc. is the definition of a supermajority vote.

Since I don't believe this was previously discussed in open session, how would the attorney know or perceive we already had a super majority vote on the council.
A super majority vote is something that is decided on prior to a vote because of its importance not because you know ahead of time that you have all the votes in your hand prior to the actual voting.

Anonymous said...

9:03. The bike path would have been rammed thru by the council. We heard nothing about this bike path for a few years and then suddenly without open discussion by the council, it was on the agenda. Harl even changed the meeting date to approve it by the deadline, so he thought he had the votes. Something happened to change the aldermen's minds, and Harl was not happy about it. If they hadn't changed their minds, that bike path, along with the Dairy Queen intersection and the pickleball court, would have been rammed down our throats without giving the public a chance to speak.

Anonymous said...

8:55. Exactly! Other firms can do what TEST does! It should be bid. One part of TEST's job was bid out and another company came in much lower. It's the only way to keep their prices competitive.

Peru Town Forum said...

Am I wrong to believe that most people in Peru DO NOT drink the water as it comes from the tap?
For years it has been joked about that it was only good for flushing toliets and washing dishes.
Why are the aldermen getting bottled water to drink?
Do you drink this water coming out of your faucet? I don't.

Justin Loger said...

8:55- no, they aren't, but according to the city attorney that wouldn't matter if a super majority vote occurs.

Anonymous said...

So Justin did they already know at Monday nights meeting that they had a super majority vote?

Anonymous said...

During the meeting on Monday, one of the alderman said that the sidewalk requirement in the new subdivisions was waived years ago in order for the developer to save on costs. I would like to know which alderman waived the ordinance requirement that put our children, handicap individuals, and other people at risk by forcing them to walk on the street. Any ideas on how we can get that information? I would love to know if any of these same alderman are sitting on our council right now. Save money for the developer at the taxpayers expense again, again, and again. Hiding something anyone?

Anonymous said...

Did anyone read the article in the paper last night about Crazy D's and the reason the demolition stopped?

Anonymous said...

10:48 what a spin. The ordinance has sidewalks for residential areas. I know, I built a home in Peru. I would also like a bike path. They will waive sidewalk for manufacturing areas like North Peru. Believe me I tried but the West End alderman insisted on sidewalks that connect to the Parkside School.

Anonymous said...

What is the standard bar which is used to fairly judge the effectiveness of a city administration and council? It is such ashame that this administrtion and council is judging itself on its ability to push programs down peoples throats by usage of closed sessions, super majorties, and hush hush agreements rather than what the majority of citizens care to have.
Whether a swimming pool is a want or a need that group can be proud of itself and should be congratulated for standing on its own two feet against the ugly monster of the present Peru government and defeating it.

Anonymous said...

In the residental areas where sidewalks have been waived so that the developer could save on costs was the speed limit lowered to 10mph to compensate for safety? If not should it be? What is the practice today for the new subdivisions?
How many TIF 's are presently in existence in Peru and what is happening to the money that is created from them.

Peru Town Forum said...

12:22 PM

Maybe it is time to start a picket line with signs stating your issues. Maybe carrying signs around might get the News Trib to look into issues we have and they ignore.

Anonymous said...

There are no sidewalks on Marquette Road until north of 30th street, and the speed limit is 25.

Anonymous said...

Recently there was a comment submitted to this blog (8:16 AM Aug 19),in the Subject: PETITION which was posted on Aug 17 that a independent , organized group would be a very good idea for Peru. The strength of each concerned citizen of Peru increases with a collective and cohesive group effort and exchange of ideas in a environment which has decided to utilize a form of government, HOME RULE, in a manipulative manner for its own self gain.
It must be remembered that HOME RULE depends solely and foremost on the honesty and goals of those government officials that represent it.
With a contract of $600K/year for a normal time frame of 5 years approaching this December certain specific elected city officials and one non elected city official are already endeavoring to disrespect the concept of open compettive bidding on all contracts of $20K and above between the City of Peru and TEST. This is a example of some people have held their position for too long and others have themselves and those who "take care of them" at heart rather than the city they represent.
Majority Rules is only one of the reasons this local government has given for a independent and organized group to be created. Not knowing what the future holds Peru political thought the next 3 3/4 years is another.

Anonymous said...

It was truly enjoyable to observe Sherry M. on the winning side Monday night. The only thing I can think of better would be the replacement of Sleepy with her. Lets reorganize wards again and relocate Sleepy to LaSalle.

Peru Town Forum said...

Video is now up on the city web site for Aug. 19.

Anonymous said...

65 ILCS 5/8-9-1) (from Ch. 24, par. 8-9-1)
Sec. 8-9-1. In municipalities of less than 500,000 except as otherwise provided in Articles 4 and 5 any work or other public improvement which is not to be paid for in whole or in part by special assessment or special taxation, when the expense thereof will exceed $20,000, shall be constructed either (1) by a contract let to the lowest responsible bidder after advertising for bids, in the manner prescribed by ordinance, except that any such contract may be entered into by the proper officers without advertising for bids, if authorized by a vote of two-thirds of all the aldermen or trustees then holding office;

Anonymous said...

11:33 There is a lot of failing to get NOI permits around here. And also there is a lot of hauling fill that is untested. Fill that ends up other places, full of asbestos and who knows what else.

It is curious how IEPA got involved in a non union demolition and has been very hands off for other contsruction and demolition.

Anonymous said...

Gee I wonder if the rotten union could be the troublemaker!

Anonymous said...

It's unfortunate that the home rule law is being abused by most of Peru's elected officials. The bid process should be done for this one reason. It will stop TEST inc from over charging the taxpayers in Peru. If Test is slightly higher than out of town business after the bid process than home rule should be used to keep the business local. Common Sense has left our city. All Peru residents should call there alderman and require a bid process be put out. If the bid process is not done, and the home rule law is abused we should put the home rule law for city of Peru on the next ballot.

Anonymous said...

1:08 Lois

You should know by now that you can be certain two groups read this blog daily , and pretend they don't. City Hall and the Spews Tribpuke.

They ignore because they want to. Pickets will just give them something to mock.

Anonymous said...

6:42 I don't think it has anything to do with home rule.
The code is clear, the super majority allows no bid.

What alderman Perez might suggest is a service fee analysis by the city accountant. Scan the billings and choose the top ten line items from Test on routine services. That usually account for up to 80 percent of the annual billings. Then get comparative prices from three other municipalities . Send the line items and pricing out to competitors for quick feedback as well.

Then the competitors and other cities can tell you if you are at or close to market rates for the water analysis, Labor charge, etc.. Test can respond in Council Meeting on the record if fees are way out of line, and explain why they might need to charge more.

Once you know that, given the dire state of revenue streams in Peru , it is reasonable to approach any major contractor and demand a 15 per cent across the board reduction in exchange for no bid award. The contractor is free to accept the mandatory cutback and cost cut internally, or they can say no and allow a competitive bid process to take place.

The aldermen who argued in favor , with all respect, did little homework and would have been fired from our company if they recommended a long term contract in this near recession based on the data they used. Companies are hungry for business, and if Test wants to bid, they have little to fear. The incumbent always has a big advantage in bidding.

But if citizens just sit back and let this happen as is, and these aldermen all vote in lock step because they are too lazy to ask for quick survey and cost analysis, there is no excuse. If you can save 80 k a year , you can practically pay for pool maintenance.

Anonymous said...

The City of Streator utilizes Illinois American Water.

Anonymous said...

752 who will do the cost analysis, chamlins? At what cost? 20k, 50k, 100k? With a Bid process there is no need for cost analysis? Free market isn't that a common sense approach? Oh I forgot the city engineer can do it.

Peru Town Forum said...

not Chamlin's field of expertise

Anonymous said...

10:18 I make it a policy not to respond to idiots, but I'll make an exception.

Putting together a valid RFQ that does not get hit with a ton of change orders is expensive and time consuming. Doing a statistical service fee analysis takes less time, less expertise, pre screens qualified bidders and is a good annual tool even during contract You survey the market conditions.

Then you have some leverage when you go to a long term contractor and say we need the same services but need a 15 per cent cost reduction. It is a tool that avoids the risk and cost of change, rewards current business relationships, and can be used across the board to lower costs.

Large corporations have done it repeatedly as a part of continuous improvement programs. It is hard to rig, easy to get response, shows other companies you are serious and sincere if you do go to bid.

Go play in your free market Tea Party sand box and pretend that a bid would not be ignored by others and we would all just get screwed the same as always. You act like we are buying chickens in a bazaar. This is a 600 k contract with risks and downsides if we change. Manage your risk, and know what the hell a fair market price is before you go out for bid.

Anonymous said...

10:46 - Valid points indeed.
However, quality, experienced service providers can easily be screened via the RFQ. The RFP from those so qualified will come next.
Embrace change! Do it smart and you will save money. Maybe a lot of money.
Can Peru do it smart? I'm not so sure about that one.

Peru Town Forum said...

I would like to tell our city atty that I grew up in Peru and was proud of our city and yes I drank the water right from the tap.
Ant it was probably in the later 1970's and early 1980's that it became undrinkable and it was necessary to filter or buy. Now not only do I as a taxpayer have to pay a company that is always just given a contract to manage our water, I can no longer drink and must pay to buy drinkable water. Is it no longer possible to keep our drinking supply in a safe and palatable condition? Be fair the residents of this city aldermen and require open and honest bidding on this very important issue before you. At this time, it sounds like you must be bought and paid for because i heard not one word from you at the last council meeting, asking the city to show that this should be bid out..period.

Anonymous said...

Is this about the quality of the water coming out of the plant?

Anonymous said...

PDC Lab out of Peoria got the landfill bid and seem to be doing just fine!!

Anonymous said...

TEST isn't the only lab out there and some of their tests are actually sub contracted out as they aren't done in house!!! Get a clue people!

Anonymous said...

Thank God I live in LaSalle where TEST WILL NEVER MAKE AN IMPACT good luck peruvians spending that enormous anount of money for water testing - thought Baker was out of office and the greasing palms was done guess not!! GOOD LUCK WITH THAT CONTRACT!!

Anonymous said...

That must have been one great dinner in Chicago!

Anonymous said...

I am glad I live in LaSalle also, but I do enjoy reading about all the loosers in Peru. LaSalle "Leader of the Valley".