CITY OF KANKAKEE

CITY COUNCIL MEETING

JANUARY 4, 2010 7:00 P.M.

MAYOR EPSTEIN: I would like to call the meeting of the City Council to order and ask Pastor Carl Randle from Fair Haven Church of God in Christ to come forward and lead us in prayer.

ATTORNEY BOHLEN: You may want to hit the mic.

PASTOR RANDLE: Hello.

ATTORNEY BOHLEN: You’re on.

PASTOR RANDLE: God in heaven, we thank You Lord for Your goodness and we thank You for Your kindness. We thank You for this wonderful City, Lord. This still is a wonderful place to be able to raise a family, and, we give You the praise and glory for that. We Pray God now for our leaders, ‘cause God, they need our prayers. We pray, Lord, that You would give them visions, Lord, give them ideals, stimulate their minds, God, that they may be able to lead this City in the direction that You would have them go. God, You said that the heart of the kindgom is in Your hand. If the heart of the kingdom is in Your hand so are we in Your hands. We pray Your blessing upon this City, the City need Your blessings. We pray God that we can get this City turned around and movin’ in the direction, Lord, that would be beneficial like it once had been. That this City would strive and thrive like it has once. God, we seek Your guidance, we seek Your help ‘cause nobody’s beyond Your help, Lord. We all need Your help and we ask for Your divine help for our City and for our leaders of this City. We pray in Jesus’ name. Amen.

MAYOR EPSTEIN: Thank you. Now we would like the children from the Sunshine Band from Fairhaven Church of God in Christ to come forward and lead us in the Pledge. And, they certainly look spectacular tonight. Hi, Michelle, how are you?

JEREMY DAVIS, SHANYIA DAVIS, TANYIA DAVIS,

SAMONE HARPER, DAVIONTE IRELAND, DEVIN

JOHNSON, DEYLON JOHNSON, KAYLA JOHNSON,

INDIA LOWE, NEVAEH LOWE, PEREJION PERKINS,

PERI PERKINS, DAVANTE’ RANDLE, LANEA

SUTTON, TYTIANNA SUTTON, JALEN TOWNSEND,

JAYLA WASHINGTON, TEWAINE WICKS, JR., TRENTEN

WILLS, AND ZARIA WINSTON FROM SUNSHINE BAND,

FAIR HAVEN CHURCH OF GOD IN CHRIST AND ALL: PLEDGE OF ALLEGIANCE

MAYOR EPSTEIN: May we have roll call, please?

CLERK DUMAS:

PRESENT: Brown; Hunter; Browne, R.; Baron; Williams; Ciaccio; Faford; Osenga; Linneman; Jones; Schwade; Davidson; Cox (13)

ABSENT: Swanson (1)

MAYOR EPSTEIN: Department Heads, please.

CLERK DUMAS:

PRESENT: Kinkade; Young; Doyle; Spice; Bohlen; Power; Simms; Rodriguez; Gordon; Beasley (11) (Yohnka *)

ABSENT: Tyson (1)

MAYOR EPSTEIN: May I have a motion to approve the minutes from the December 21, 2009, meeting?

ALDERMAN HUNTER: Your honor.........

LOUD CRASH

ALDERMAN BROWN: That was R. Brown......R. Brown.

CLERK DUMAS: Duly noted.

MAYOR EPSTEIN: We’re off to a good start for 2010.

ALDERMAN HUNTER: Move the minutes be approved as recorded.

MAYOR EPSTEIN: Do I have a second?

ALDERMAN OSENGA: Second.

MAYOR EPSTEIN: Motion by Alderman Hunter, seconded by Alderman Osenga to approve the minutes. All those in favor, aye. Opposed, same sign.

MOTION TO APPROVE CITY COUNCIL MEETING MINUTES OF DECEMBER 21, 2009

MAYOR EPSTEIN: Minutes are approved. I have no Petitions. Are there any Petitions from the Floor? Hearing none, we will move onto Communications. The first two items are for information only from Comcast Cable. Item C needs to be acted upon. Do I have a motion to approve the request?

ALDERMAN BROWN: Motion to approve.......oh, that’s not in my Ward. I’m sorry.

MAYOR EPSTEIN: Pardon me?

ALDERMAN LINNEMAN: Ah, motion to approve.

ALDERMAN BROWN: Second.

MAYOR EPSTEIN: Motion by Alderman Linneman to approve, seconded by Alderman Brown. Is there any discussion? Hearing no discussion, roll call.

CLERK DUMAS:

AYE: Brown; Hunter; Browne, R.; Baron; Williams; Ciaccio; Faford; Osenga; Linneman; Jones; Schwade; Davidson; Cox (13)

ABSENT: Swanson (1)

MARK STEFFEN AND THE KANKAKEE VALLEY PARK DISTRICT ARE

REQUESTING PERMISSION TO HOLD A BICYCLE RIDE EVENT ON

SUNDAY, SEPTEMBER 5, 2010, FROM 6:30 A.M. UNTIL 4:00 P.M.

MAYOR EPSTEIN: Motion carries. We will coordinate the route and the times of this event with the Public Works Department. That’s a very busy weekend in the City so we’ll make sure that we coordinate the efforts and talk to Mr. Steffen about that. Ah, Standing Committees. Planning and Code. Alderman Hunter, since Alderman Swanson is absent tonight.

ALDERMAN HUNTER: We wish her a speedy recovery. Mayor Epstein, the minutes are self-explanatory. And provided for your review.

MAYOR EPSTEIN: Thank you. Public Works. Alderman Brown.

ALDERMAN BROWN: The only notable thing in the minutes is that we noted that the trucks and stuff–equipment–is getting a little old in Public Works. Just making that notation. Other than that, all the minutes is self-explanatory.

MAYOR EPSTEIN: Thank you. Moving onto Report of Officers. Do I have a motion to approve the paying of the bills?

ALDERMAN WILLIAMS: Mayor, I move to approve the Report of Officers, place the monies into their proper accounts and pay the bills in the amount of $1,852,824.28.

ALDERMAN CIACCIO: Second.

MAYOR EPSTEIN: Motion made by Alderman Williams, seconded by Alderman Ciaccio. Is there any discussion? Roll call, please.

CLERK DUMAS:

AYE: Brown; Hunter; Browne, R.; Baron; Williams; Ciaccio; Faford; Osenga; Linneman; Schwade; Davidson; Cox (12)

ABSTAIN: Jones (1)

ABSENT: Swanson (1)

REPORT OF OFFICERS APPROVAL OF BILLS - $1,852,824.28

MAYOR EPSTEIN: Motion carries. Moving onto Unfinished Business, we have the second reading of the Ordinance for the development of the flood plain. Do I have a motion to approve?

ALDERMAN HUNTER: So moved.

MAYOR EPSTEIN: Motion made by Alderman Hunter, seconded by........

ALDERMAN BARON: Second.

MAYOR EPSTEIN: Alderman Baron to approve this Ordinance. Any discussion? Roll call, please.

CLERK DUMAS:

AYE: Brown; Hunter; Browne, R.; Baron; Williams; Ciaccio; Faford; Osenga; Linneman; Jones; Schwade; Davidson; Cox (13)

ABSENT: Swanson (1)

SECOND READING

ORDINANCE REGULATING DEVELOPMENT IN FLOOD PLAIN AREAS

MAYOR EPSTEIN: Motion carries. Moving onto New Business. You’ll see in your packet that you have...........I’m sorry. Alderman Hunter.

ALDERMAN HUNTER: I’d like to discuss a matter that’s pending and on the Table. I’m going to be making three separate motions regarding this particular matter. You may recall a couple Council meetings ago, the custodial bids were Tabled and tonight I’m moving that we remove that particular matter–those bids–from the Table. So, I would move that that matter be removed from the Table.

MAYOR EPSTEIN: I have a motion to Untable the custodial bids from Alderman Hunter. Do I have a second?

ALDERMAN JONES: Second.

MAYOR EPSTEIN: Seconded by Alderman Jones. Roll call, please.

CLERK DUMAS:

AYE: Brown; Hunter; Browne, R.; Baron; Williams; Ciaccio; Faford; Osenga; Linneman; Jones; Schwade; Davidson; Cox (13)

ABSENT: Swanson (1)

MOTION TO REMOVE CUSTODIAL BID FROM THE TABLE

MAYOR EPSTEIN: Motion carries.

ALDERMAN HUNTER: Mayor Epstein, ah, you have before you Council members the janitorial bids that were submitted for the Council’s consideration. The, ah, third bidder which is a Kankakee County business, namely Touch of Glass had a bid for the Space Center in the amount of $1,520.00 and that is for one year.

MAYOR EPSTEIN: Mr......Alderman Hunter, that’s per month.

ALDERMAN HUNTER: Excuse me, per month, I’m sorry. I misspoke. And, as a consequence of that, using the 5% Ordinance, that I think of most of you guys were here when we adopted that, we can award that particular winning bid to Touch of Glass for the amount as I previously described, $1,520.00 per month. Therefore, ladies and gentlemen, I move that we award the Touch of Glass bid of $1,520.00 as the successful bid for the Space Center.

MAYOR EPSTEIN: I have a motion from Alderman Hunter. Do I have a second on the motion?

ALDERMAN OSENGA: Second.

MAYOR EPSTEIN: Seconded by Alderman Osenga. Any questions?

ALDERMAN BARON: Is this.....is this a bid for a three-year contract with a monthly fee of...a monthly amount as listed?

MAYOR EPSTEIN: This is a one-year contract.

ALDERMAN BARON: A one-year. Okay.

MAYOR EPSTEIN: Any other questions? Roll call, please.

CLERK DUMAS:

AYE: Brown; Hunter; Browne, R.; Baron; Williams; Ciaccio; Faford; Osenga; Linneman; Jones; Schwade; Davidson; Cox (13)

ABSENT: Swanson (1)

MOTION TO AWARD TOUCH OF GLASS BID FOR CUSTODIAL

SERVICES AT THE SPACE CENTER

MAYOR EPSTEIN: Motion carries.

ALDERMAN HUNTER: As an adjunct to Mayor Epstein and to the Council members, that bid which you just approved, all of those particular employees hail from the City of Kankakee and I really do appreciate your wisdom to maintain jobs in the City of Kankakee. As you well know, Kankakee County has a 13% unemployment level and is rising inasmuch as that the SMSA for Kankakee County is substantially high in terms of unemployment. So, I’m pleased with your actions. My third and final motion will be to reject all other bids regarding the other locations: the Administration Building, the Library and the Public Safety–Don Green’s–Public Safety Building.

MAYOR EPSTEIN: Motion made by Alderman Hunter to reject the remaining bids. Do I have a second on the motion?

ALDERMAN LINNEMAN: Second.

MAYOR EPSTEIN: Seconded by Alderman Linneman. Any discussion?

ALDERMAN BARON: Why?

ALDERMAN HUNTER: I think........as we discussed at the last Council meeting.....or the previous one prior to the last one, two Council meetings ago, ah, we’re going to afford the administration to develop some kind of a process and to review those particular proposals and see what we can come up with next time. Additionally, the reason why I voted the way I did, I believe that we should maintain jobs in the City of Kankakee and not affording those jobs and winning contracts to those people outside the area. I’m not saying that we’re going to shun any and all bids that come from outside the confines of the County, but we think that we can do a better job of taking a look at these, ah, bids and come back with a better product.

MAYOR EPSTEIN: Any other questions? Roll call, please.

ALDERMAN DAVIDSON: Oh, excuse me. I do have a concern.

MAYOR EPSTEIN: Oh, I’m sorry. Alderman Davidson.

ALDERMAN DAVIDSON: I mean, in light of what we’re attempting to do here in keeping these particular jobs in the City of Kankakee as I expressed one time before, I do have a concern with, if we’re following.........if other companies are following the bidding process and it appears that because it’s not working out the way that we want it to work out, in other words, because our local people aren’t getting the bids because they’re not putting in the low bid, then we’re rejecting them. I just suspect at some point there may be a problem. I would hate to see, you know, some company come after us because we’re not following the process. On the same hand, you know, I do appreciate wanting to keep local bids local. And, if this particular bid for this particular job could have been discussed or we could have looked at extending the current contract prior to getting to this point, then perhaps that’s something we should have done.

MAYOR EPSTEIN: Alderman Davidson, I appreciate your concerns. One of the issues when you would speak to the current contract holder about extending the contract, my experience has been, you really have nothing to base your discussions on. The bid process is one that allows you to see what the actual job is worth and allows you to understand if you’re getting a fair price from the people that you are employing. We already have noticed that our current contract holder was not the low bidder in any of these facilities. And, so, we are going to go back and discuss with her whether she can meet the low-bid price. And, if that’s not the case, then we must rebid the project.

ALDERMAN DAVIDSON: As long.......and, I’m okay with that. Just as long as. It just seems like for some reason or another it’s getting to a point where we keep doing this.

MAYOR EPSTEIN: I understand. And.......

ALDERMAN DAVIDSON: And it’s a concern to me.

MAYOR EPSTEIN: You know, the discussion and the vote comes from the floor and it’s the Aldermen’s wishes to reject the bids and so the administration has to follow the wishes of the Aldermen. And, we will take direction from all of you. You know, my proposal, when this came to the floor was to accept certain bids and that was rejected so we will accept the one bid that you all have voted on and if you reject all of these bids, then we will go back and speak to our current contract holder and, by law, if they cannot meet the low bid, then we will have to rebid the project. We must follow the law regardless of what our personal feelings are as far as job retention in the City of Kankakee.

ALDERMAN DAVIDSON: Okay.

MAYOR EPSTEIN: Any other discussion? Roll call, please.

ALDERMAN BROWNE: Excuse me.

MAYOR EPSTEIN: I’m sorry. Alderman Browne.

ALDERMAN BROWNE: Is this for a three-year now or for.........

MAYOR EPSTEIN: No, this is a one-year. One year. Any other questions?

ALDERMAN HUNTER: Let me just say this, ah, this is not a precedent at all. We’ve done this in the past. And, I would think that it will be injurious of being subjected to lawsuits regardless of this particular matter. Alderman Davidson, I explained it to you earlier, but I want to just echo the comments that I made previously that this is not a precedent at all.

ALDERMAN DAVIDSON: I understand.

MAYOR EPSTEIN: Roll call. Any other questions? I’m sorry. Alderman Jones.

ALDERMAN JONES: Did we not vote on Touch of Glass for the.....

MAYOR EPSTEIN: You’ve done that already.

ALDERMAN JONES: Okay. So what are we voting on now?

MAYOR EPSTEIN: Now you’re voting to reject the other three bids.

ALDERMAN JONES: Three bids.

MAYOR EPSTEIN: For the other three buildings. The bid was broken down into four separate items so we could–or you could–pick and choose each contract separately. So, that’s what the bidding specs were. Alderman Schwade.

ALDERMAN SCHWADE: When did these contracts end?

MAYOR EPSTEIN: We would make this effective February 1. Any other questions? Roll call.

CLERK DUMAS:

AYE: Brown; Hunter; Williams; Ciaccio; Faford; Osenga; Linneman; Davidson; Cox (9)

NAY: Browne, R.; Baron; Jones; Schwade (4)

ABSENT: Swanson (1)

MOTION TO REJECT ALL OTHER CUSTODIAL BIDS

MAYOR EPSTEIN: Motion carries. Moving onto New Business. You will see a change order from McDaniel Company on the sprinkler system in Fire Station #6. The change order is in the amount of $764.00. Do I have a motion to approve the change order?

ALDERMAN HUNTER: Mayor Epstein, motion to approve the change order in the amount of $764.00.

ALDERMAN WILLIAMS: Second.

MAYOR EPSTEIN: Motion made by Alderman Hunter, seconded by Alderman Williams. Is there any discussion? Alderman Jones.

ALDERMAN JONES: Mayor, I have a question why it’s blackened out on the bottom of the page and McDaniels is dated and when it was received, but on the back it’s not dated at all. So,

MAYOR EPSTEIN: The back is only the back up for the change order. It’s.......it’s.....it is the company that did the work. It’s the back up for the change order, so the date is on the actual change order.

CHIEF YOUNG: Stamped indistinguishable

MAYOR EPSTEIN: The black out area is the approval to have paid it, but it’s not being paid. Do you understand? The revised amount. There’s a revised amount and that’s why we blacked out the area that you’re looking at.

ALDERMAN JONES: Okay.

MAYOR EPSTEIN: So, it.........it came as one document, Alderman Jones.

ALDERMAN JONES: Oh, okay.

MAYOR EPSTEIN: All right. It’s not two separate documents. It came as one. The change order and then the company that caused the change order–the backup–is on the back.

ALDERMAN JONES: Okay. Thank you.

MAYOR EPSTEIN: You’re welcome. Any other questions? Roll call, please.

CLERK DUMAS:

AYE: Brown; Hunter; Browne, R.; Baron; Williams; Ciaccio; Faford; Osenga; Linneman; Jones; Schwade; Davidson; Cox (13)

ABSENT: Swanson (1)

CHANGE ORDER NO. 2 IN THE AMOUNT OF $764.00 FROM PRECISION PIPING,

INC. FOR MCDANIEL FIRE SYSTEMS’ INSTALLATION OF NEW FIRE SYSTEMS –

ROCK EXCAVATION AT FIRE STATION #6

MAYOR EPSTEIN: Motion carries. Moving onto Motions and Resolutions, we have Resolutions from several industries that are appealing their property taxes. I think we can take these as one. You also had an additional one that I believe was passed out on your desk. Do I have a motion to approve these Resolutions?

ALDERMAN BROWN: Motion to approve 12A through 12F and the other.

MAYOR EPSTEIN: Additional one from Kankakee Kommons.

ALDERMAN BROWN: Yes. Yes.

MAYOR EPSTEIN: Motion made by Alderman Carl Brown. Do I have a second?

ALDERMAN SCHWADE: I second it.

MAYOR EPSTEIN: Seconded by Alderman Schwade. All those in favor. Sorry, we need a roll call.

CLERK DUMAS:

AYE: Brown; Hunter; Browne, R.; Baron; Williams; Ciaccio; Faford; Osenga; Linneman; Jones; Schwade; Davidson; Cox (13)

ABSENT: Swanson (1)

RESOLUTION AUTHORIZING INTERVENTION IN THE PENDING ASSESSMENT APPEAL OF ARMSTRONG WORLD INDUSTRIES

RESOLUTION AUTHORIZING INTERVENTION IN THE PENDING ASSESSMENT APPEAL OF ENGINEERED POLYMER-VALSPAR

RESOLUTION AUTHORIZING INTERVENTION IN THE PENDING ASSESSMENT APPEAL OF COGNIS CORPORATION

RESOLUTION AUTHORIZING INTERVENTION IN THE PENDING

ASSESSMENT OF GREAT OAK, LLC NO. 2009-557-562

RESOLUTION AUTHORIZING INTERVENTION IN THE PENDING

ASSESSMENT OF GREAT OAK, LLC NO. 2009-563-573

RESOLUTION AUTHORIZING INTERVENTION IN THE PENDING

ASSESSMENT OF AMERICAN NATIONAL BANK TR43222,

KANKAKEE KOMMONS, NO. 2009-702

MAYOR EPSTEIN: Motion carries. Ah, we will need an Executive Session this evening to discuss Personnel.

ATTORNEY BOHLEN: And, possible acquisition.

MAYOR EPSTEIN: And, possible acquisition of real estate. Do I have any comments or questions from the Aldermen? Alderman Jones.

ALDERMAN JONES: Mayor, I don’t know if you noticed, but this past two holidays, for Christmas and New Year’s, it was my understanding, and a lot of my constituents’ understanding, that our garbage is picked up on Friday, so we put our garbage out the day after the holiday which would be Saturday. But, I guess ABC Disposal decided to change everything this year. They gave a written notice to everybody in Bourbonnais, but did not give any written notice to anybody in Kankakee. We weren’t even informed at the last City Council meeting that they were changing the pickup dates. So, those that did not obey the Ordinance by keeping their garbage out all week long got their garbage picked up, but those that obeyed the Ordinance that put their garbage out the night before did not get their garbage picked up. I still do not have my recyclables picked up. It’s been two weeks. Mr. Linneman’s waiting for three weeks for his recyclables. It’s ridiculous with ABC Disposal.

MAYOR EPSTEIN: I agree. We have lots of complaints. We spoke to them. They said they did advertise in the newspaper and on the radio notifying residents of the change in pickup dates, but I appreciate your concerns and we have spoken to them about the situation. Thank you.

ALDERMAN BROWN: Mayor.

MAYOR EPSTEIN: Alderman Brown.

ALDERMAN BROWN: Just for your information, Joe Deno will be at License and Franchise this coming Thursday at 5:15 P.M. If you have concerns, we ask you to come at that time and express those concerns. Ah, we have had him here before and people have failed to address the issues that they’re talk about, so make sure you’re there.

MAYOR EPSTEIN: Thank you, Alderman Brown. Any other questions or concerns? I want to thank Alderman Hunter for chairing the meeting last month in my absence. I heard he did an admirable job and you adjourned by 7:26 P.M., so I don’t think we’ll continue the trend tonight, but I want to thank you and thank everyone for their good wishes on the birth of my grandchild and happy new year and a healthy new year to you and your families. This is my first opportunity to express that to all of you. Motion to go into Executive Session.

ALDERMAN HUNTER: So moved.

ALDERMAN WILLIAMS: Second.

MAYOR EPSTEIN: Motion by Alderman Hunter, seconded by Alderman Williams. All in favor aye. Opposed same sign.

MOTION TO GO INTO EXECUTIVE SESSION TO DISCUSS PERSONNEL

AND REAL ESTATE ACQUISITION

MAYOR EPSTEIN: Motion carries. Chief Kinkade will stay and everyone else please clear the Chamber. Oh, and James..........Mr. Gordon.

7:25 P.M.

8:01 P.M.

MAYOR EPSTEIN: Okay, we are back in open session. Do I have a motion?

ALDERMAN HUNTER: Mayor Epstein, I move that we approve the contracts.........

ATTORNEY BOHLEN: Microphone.

MAYOR EPSTEIN: Your mic, Alderman.

ALDERMAN HUNTER: I’m sorry. Mayor Epstein, I move that we approve the contracts for the Patrolmen Officers’ contract as well as the sixteen Sergeants’ contract for the three-contract year 2009, 2010, and 2011. I move that we approve.

ALDERMAN WILLIAMS: Second.

MAYOR EPSTEIN: Motion made by Alderman Hunter to approve the Patrolmen and Sergeant’s contract. Seconded by Alderman Williams. Is there any discussion? Roll call, please.

CLERK DUMAS:

AYE: Hunter; Browne, R.; Baron; Williams; Ciaccio; Faford; Osenga; Linneman; Jones; Schwade; Davidson; Cox (12)

ABSENT: Brown; Swanson (2)

MOTION TO APPROVE PATROLMEN AND SERGEANTS’ CONTRACT FOR

MAY 1, 2009, THROUGH APRIL 30, 2012

MAYOR EPSTEIN: Motion carries. Do I have a motion to adjourn? Oh, Mr. Gordon.

JAMES GORDON: Just wanted to remind all of you of the breakfast for the King. If you will contact the Mayor’s office, we need to get a talley.

ALDERMAN BROWNE: And, the breakfast is going to be where?

JAMES GORDON: At the Quality Inn.

ALDERMAN WILLIAMS: I’ll be there.

MAYOR EPSTEIN: Motion to adjourn?

ALDERMAN OSENGA: So moved.

ALDERMAN BROWNE: Second.

MAYOR EPSTEIN: Alderman Osenga, seconded by Alderman Browne. All those in favor aye.

MOTION TO ADJOURN CITY COUNCIL MEETING

MAYOR EPSTEIN: We are adjourned. Thank you.

8:03 P.M.