the state and federal authorities for the permits to build our sewage treatment plant and to secure the federal matching funds by virtue of an irrevocable Letter of Credit to guarantee the community obligation in the amount of $ 10 million on an estimated $ 50 million- dollar project. This firm, will be responsible for the selection of the engineers, bid the construction, let the contracts, oversee the construction, and after the plant is built, they will retain an operating company to manage the plant for 20 years. At the end of this time, they will legally turn the plant and the ownership over to the Lake County for $1 dollar and other valuable considerations”.
Pearlman confirmed that Seeling had succulently reduced a rather complicated business proposal to one paragraph.
“To which,” he added, “Please note the admonition that the proposal is binding for a period of ten days and that the members of the County Council and the staff are bound by a Non-Disclosure, Non-Circumvention Agreement that precludes any discussion of the offer outside this room!”
When the floor was opened to questions, there was a very long pause. General shock filled the heads of the magistrates who were hearing this proposal for the first time. The prospect of a new $50 million dollar sewage treatment plant forever eliminating the stench, and at no cost up front to the community. The fact that the political spoils had just been taken off the table in one fell swoop wasn’t lost on any of them, money they were counting on for years to come, reelection elixir down the toilet if this proposal saw the light of day! They waited, they prayed, each glancing nervously at the other. Knowing what must be said, but not knowing how to say it, or having the guts to put the real issue on the table. They all knew that if they turned down this project proposal without legal justification they would be skewered by the press and soundly rejected by the community at the polls in the election in the fall. The legal issue seemed a reach in- as- much- as the County Attorney seemed to be the main cheerleader for the proposal, having his tacit approval.
Hamilton had set the bear trap and this County Councils balls were the target. No big balls here, they all seemed to disappear, sucked up into the guts of those who for such a long time had thwarted progress through manipulation and greed.
Councilman Davis finally took the initiative, asking the chair for the right to speak. “This is all well and good,” he said, “And while I don’t want to look a gift horse in the mouth, I am also reminded that another big horse bearing gifts turned into a fiasco for a community much like ours centuries ago.”
He looked around at his cronies, now they seemed puffed up and their balls had fallen back from that place where they recede on gutless wonders.
“In deference to our learned visitor making this generous offer to our community and out of deep respect to our own County Attorney who has admirably researched this proposal, I am non- the- less concerned that we may be legally at risk by not putting this project out for bid as prescribed by the law.”
Brilliant, his fellow members of the council smiled. Just what the doctor ordered, time to figure out how to regain the upper hand and reclaim our rights to the political spoils…the right to name the engineers and the construction company. Councilman Agino gave Davis the thumb up, using the middle finger for emphasis… mopped his brow and thought smugly to himself, “Great, we don’t give a good fuck about this plant, lets save the goodies!”
Pearlman stood, as though he were addressing the jury in the final salvo of a prosecutor asking for the death sentence for a corrupt system, a system mirrored throughout his state and the country. “I understand your concern and your obligation as elected officials performing your fiduciary responsibility on behalf of Lake County. We have thoroughly researched the law, Councilman, and in a very seldom-used practice at our firm, we have issued a Legal Opinion to our client which says that we have assumed the legal responsibility for this proposal. It clearly underlines the existing law and your responsibility. It is definitively within your pervue, under the statute, creating the Industrial Development Authority to approve this offer and issue the Revenue Bonds for the project. Your County Attorney has advised you as well as to the legal right of this Council to act. He has suggested as a final voice to the issue that he request an opinion of the Attorney General as to its legality, and I would concur with the recommendation of your County Attorney.”
Pearlman made Seeling the local legal authority and hero. Making professional points not lost on Seeling or the county council.
“Smooth son of a bitch!” thought Davis, remembering his aunt’s admonition to his sister, “Marry a Jew…or at least a man with a deli!”
“One last question of Mr. Pearlman,” Davis injected, “Are you able to share with us the names of any other counties which have this proposal before them, or if you intend to make additional presentations?”
Pearlman responded, “I am not at liberty to say specifically, but I think it would be prudent for my client to have other alternatives, and to that end I remind you all that this proposal and its attendant Letter of Credit is good for a period of ten days from this date”.
“And Councilor, may I ask if your client is open,” he stammered, “that is to say, you know, open to negotiate the issue of the selection process for the professionals to be employed to perform each of the tasks on this project”?
There it was! Pearlman thought. Took enough time to expose the real issue, you slime- ball.
“I understand your question, sir”, Pearlman responded. “Permit me to answer respectfully by saying that this proposal is wholly dependent upon the management teams proper assembly of professionals, in which they have the confidence they will be able to meet the goals… deadlines, budgets, quality under the correct business climate necessary to produce a facility which will serve the needs of this community for many years to come” he paused, “To be clear, sir, there is no room for negotiations on the selection of those entities. This is a package, but again, I say respectfully that each entity will be open for review and professional oversight by this council as to their legal status and qualification to perform the job”.
Pearlman was confident as he left the meeting that he had fairly represented his client, and in the best interest of the community and the state. Outside the county building, he removed an expensive Havana, clipped the tip, and slowly lit the cigar. He would savor this treat on his return to the office in Indianapolis. But when he got to his car, all four tires had been slashed. Welcome to Lake County, he thought. The war had been joined!
The day after his return from Lake County, Pearlman had lunch with Hamilton at the old Republican Club across from the Federal Building on Meridian Street, the very place where many of its infamous members had been indicted! Down the street there was an equally impressive club for the democrats whose membership contained the names of individuals whose taste ran to horizontal striped suits as well. He went over each detail of the meeting with the county council and discussed the major obstacles to the contract. A call had been made to Pearlman’s office, a rather urgent from the Attorney General’s office. The caller was informed that Pearlman was away for a luncheon meeting. The caller implored the receptionist to understand that he too was supposed to be at this meeting and had not received the message as to where it was being held. In the absence of anyone to take the call, she informed the caller that he was at the Republican Club. He wasn’t invited but at a distance within earshot the anonymous caller participated nonetheless.
“You were correct, Thad,” Pearlman stated, “The only issue standing in the way of this transaction is the selection process of the engineer and construction company. Your proposal has dried up the political sewage in the hopes of solving the human waste problem. They are seething, cunning and I believe potentially dangerous!”
He told Thad of the tire-slashing incident “No accident, a warning”.
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