The process used to pay for the construction of a gas storage facility at the Bourbonnais Township facility by Highway Commissioner Jason Diaz has fueled contention with township trustees.

The board’s attorney, Sean Conway, brought up concerns during Monday’s monthly meeting.

According to a March 21, 2026, document from Conway, the project occurred between August 2025 and October 2025.

Conway addressed the possible lack of competitive bidding for the project that totaled approximately $128,000, according to documents submitted by Diaz.

A chief concern for trustees is the manner in which the bills were allegedly strung along to avoid the bidding process.

Conway and the trustees have asked for signed documents before they take a vote to approve paying the bills.

Besides awaiting signed documents from Diaz for the project, state statute requires advertising for bids if it crosses the $30,000 threshold set by state law.

“There are a whole host of invoices, and after reviewing these in past meetings, the board has had a significant number of questions related to these proposals and to the invoices,” Conway said during Monday’s meeting.

There are six documents regarding the project managed by Piggush Simoneau Inc., of Kankakee, according to township documents the Daily Journal received after it filed a Freedom of Information Act

Those invoices are for fence demo and site preparation, fence replacement, door installation, concrete, and electrical work.

The amounts of each invoice came under the $30,000 limit.

Those were presented to the board at its February 2026 meeting, Conway said in a March 21, 2026 letter to Diaz.

At the board’s March 23 meeting, Conway pointed out that two invoices for the project were replaced by ones from Outsen Electric and Action Fence Contractors.

Diaz explained to Conway and the board:

“I don’t know if anyone has ever built anything or done anything, things change when you’re doing them over time,” Diaz said.

“I explained to this board repeatedly, even in the October minutes, in your memo, you claimed that the board had no idea. Well, I can pull up the October minutes where we literally discussed the project out there, and me and [Township Supervisor] Jeff [Umphrey] are discussing the bidding requirement. And I said, I completely understand.

“So to say that the board was unaware of that is just patently false. Also, the bid stream, you’re accusing two local businesses with impeccable reputations, owned by people with impeccable reputations, of colluding with me to jeopardize their reputations and their licenses.

“[These] people have been doing business with local governments for over 60 years, that they’re gonna jeopardize their reputation over $22,000 of concrete is ludicrous.”

Diaz was made aware of the concerns through Conway’s letter dated April 20 to the highway department’s attorney, Erik Peck.

Conway said he asked for a response but had yet to receive one.

“Associated with this project was certain concrete work, excavation work, removal of fencing, installation of new fencing, and then some electrical work that had to do with the installation of these fuel tanks,” Conway said.

Before the meeting’s start, Conway handed out to each trustee a packet with information on the matter.

The work was done by PSI with subcontract work by Outsen Electric, Heritage FS, and Action Fence.

“So what you have in front of you is a number of proposals that PSI has created,” Conway said.

The meeting drew approximately 35 people, more than the usual audience of approximately 10 people seen in video recordings of the meetings that Diaz began filming in December.

Diaz posts them on the Bourbonnais Highway website (https://bthwy.org).

The elephant in the room with this disagreement may be the fact the township and highway commissioner are considered two separate government bodies by the state of Illinois.

According to the Township Officials of Illinois website, “A township road district is, in many aspects, a separate government. Neither the township board of trustees nor the township supervisor has any jurisdiction, or authority, over the highway commissioner and/or employees of the road district.

“The employees of the road district are subject to the directions and requirements set forth by the highway commissioner, not the township board.”

Township Officials of Illinois added: “However, it has been demonstrated clearly that where the highway commissioner, the supervisor, the clerk and the township board work in harmony, the taxpayer usually benefits.”

Can the township board refuse to pay a legally incurred bill for the road district?

“The township board has an obligation to approve all legally incurred bills to the extent that there is an appropriation in the road district budget for the expenditure and that the proper order for payment has been submitted by the highway commissioner and countersigned by the township clerk.

“Conversely, the township board has an obligation to reject payment of any road district bills that are not legally incurred debts.”