CITY OF KANKAKEE

CITY COUNCIL MEETING

JANUARY 19, 2010 7:00 P.M.

MAYOR EPSTEIN: I’d like to call this meeting to order and I’m sorry that our Bishop did not show up for the prayer this evening. So, Alderman Davidson, would you like to lead us in a brief prayer tonight?

ALDERMAN HUNTER: Amen.

ALDERMAN DAVIDSON: First I’d like to give honor to God and ask that He bless us, look over us, give us the wisdom that we need. The City is going through a lot of different things at this time and we definitely need His help and His wisdom, so I ask that He please look upon us, touch our minds, touch our bodies. In Jesus’ name we pray. Amen.

MAYOR EPSTEIN: Thank you very much. And, Alderman Williams, as your final meeting tonight, would you like to lead us in the Pledge?

ALDERMAN WILLIAMS: Yes.

ALDERMAN WILLIAMS AND ALL: Pledge of Allegiance.

MAYOR EPSTEIN: Thank you. Roll call, please.

CLERK DUMAS:

PRESENT: Brown; Hunter; Browne, R.; Baron; Williams; Ciaccio; Faford; Swanson; Osenga; Linneman; Jones; Schwade; Davidson; Cox (14)

MAYOR EPSTEIN: Thank you. Department Heads, please.

CLERK DUMAS:

PRESENT: Regnier; Young; Dear; Bohlen; Power; Simms; Tyson; Yohnka; Rodriguez; Bertrand (10)

ABSENT: Spice; Gordon (2)

MAYOR EPSTEIN: Thank you. I’m just looking. The children who were supposed to lead us in the Pledge came late and I really would hate to have them have come and not have done the Pledge, so with your indulgence, would you mind if we did the Pledge a second time?

7:02 P.M. James Gordon arrives.

ALDERMAN JONES: Can’t say it enough.

DEVORDRE CUMMINGS, MARSHAWN HAYES,

BRIAN JORDON, SHANETHIA PANDEN, ALBERT

PENDELTON, JR., DEMARIO PENDELTON,

DELJUAN PENDELTON, JOVAN SMITH, ANTONIO

STROUD, TATIANNA STROUD, KADRJAH TAYLOR,

KASHIRRA TAYLOR, AND RASHAID WILLINGHAM

FROM INTERNATIONAL DELIVERANCE OUTREACH

MINISTRIES AND ALL: Pledge of Allegiance

MAYOR EPSTEIN: Thank you very much. Thank you. We will move onto approval of the minutes from the January 4, 2010, meeting. Do I have a motion to approve?

ALDERMAN HUNTER: I so move.

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

ALDERMAN BROWNE: Second.

MAYOR EPSTEIN: Alderman Richard Browne. All those in favor. Opposed same sign.

MOTION TO APPROVE CITY COUNCIL MEETING MINUTES OF JANUARY 4, 2010

MAYOR EPSTEIN: Motion.........the minutes are approved. We have one Petition. Ah, we have a Resolution authorizing Provena St. Mary’s to construct a free-standing reader board sign at their campus on 500 W. Court Street. This had been approved by our City Planner and I would like a motion to approve the Resolution.

ALDERMAN LINNEMAN: So moved.

MAYOR EPSTEIN: Motion made by Alderman Linneman. Seconded by.........

ALDERMAN OSENGA: Second.

MAYOR EPSTEIN: Alderman Osenga. All those in favor. Opposed same sign.

MOTION TO APPROVE A RESOLUTION AUTHORIZING PROVENA ST.

MARY’S TO CONSTRUCT A “FREE STANDING READERBOARD” SIGN

AT THEIR CAMPUS LOCATED AT THE PROPERTY COMMONLY

KNOWN AS 500 WEST COURT STREET

MAYOR EPSTEIN: The Resolution carries. Thank you. Communications. Our first order of business, Chief Ron Young is here to present a Citizen’s Heroism Award to Donald R. Miller. Chief Young, would you like to come forward with Mr. Harmon?

CHIEF YOUNG: Your Honor, Aldermen, guests. I’d like to call up Mr. Miller and Capt. Cassagrande, please. First of all, we give away the Citizens Heroism Award and it’s presented to individual citizens who perform a conspicuous act of valor or heroism under hazardous conditions in which the citizen is placed in a life-threatening situation in order to save a life of another. Capt. Cassagrande nominated Mr. Miller to receive the Citizens Heroism Award and the Awards and Recognition Committee of the Kankakee Fire Department approved that nomination and here’s the story. On October 7, 2009, Mr. Miller was parked in the 300 block of East River Street. He was getting ready to go fishing when he saw the victim, an elderly woman he knew from the ninth floor, walk toward the river. He saw the victim disappear by the bank and thought that the women may have slipped down the bank. Mr. Miller went to the riverbank and found the woman in the water appearing to go into deeper water. He called out to the woman to come back to shore, but she did not respond. Mr. Miller, a non-swimmer, entered the water and proceeded up to his chin where he finally was able to grasp onto the woman. He pulled her to the shore line. Once ensuring she was out of danger, he went to the building to notify emergency services. The staff from 300 E. River went and assisted the woman with warm blankets until emergency responders arrived. For this conspicuous act of valor and heroism under hazardous conditions in which Donald R. Miller placed himself in a life threatening situation to save the life of another, we award him the Citizens Heroism Award.

MAYOR EPSTEIN: Mr. Miller, would you like to say a few words?

MR. MILLER: Thank you very much. I’m not much on a speech, so thank you.

MAYOR EPSTEIN: Well, we appreciate your courage in saving another person’s life and you are truly an example of the type of citizens we have here in the City of Kankakee. So, thank you so much.

MR. MILLER: Thank you.

MAYOR EPSTEIN: The next item under Communications. I’m sure you’re all aware of the United Way of Kankakee County. It’s currently undergoing its pledge drive. The City of Kankakee has always been a stellar example, truly, of the giving power of our employees. Last campaign, the City was in the top five of all employers in the County as far as their giving. Chief Ron Young has undertaken this responsibility for several years to run the campaign for the City and we thought it was important for him to speak tonight to the Aldermen, because actually all of you are employees of the City, also. So, Chief Young, would you like to speak to the United Way campaign?

CHIEF YOUNG: Well, first of all, I want to say thank you. The year 2008 was a great year for the City, especially for the United Way Campaign. Then the year 2009, due to the employees of the City, doubled that contribution to United Way that put us in the top five. So, really, all credit for this campaign goes to the people that work here in the City of Kankakee and it’s a kind of a bright spot especially with what’s been going on. But, I’ve been talking a lot about the United Way and I know this next person’s been talking a lot about the United Way. I figured I’d bring in the big man himself and introduce to you Greg Carroll who’s the Executive Director of United Way of Kankakee County.

MAYOR EPSTEIN: Mr. Carroll.

GREG CARROLL: Thank you, Ron. I think Ron means literally the big man. I’m workin’ on it. Listen, you have our brochures and I really want to say, thank you for everything that the City of Kankakee has done. Mayor Epstein, an incredible supporter, continues to carry the support of the City for us and in a time of need, it is wonderful to see people who support the organization that really fills the gaps. As Ron said, last year you almost doubled your campaign and that’s something that we don’t see very often and in a time of need that really means a lot. During the campaign end of last year, whenever choices were made on how the campaign dollars would be used, and, what were the priorities, that was back in March and there was a lot of emphasis on food, shelter and safety. And, we really had to make some tough decisions and make sure that we were putting as much priority into that as we could. So, in the middle of it, it was a tough situation, but we believe that with the situation of the economy the way it was, we had to do that. And, just last week, speaking with many of the other City employees, a young man came forth and said do you remember me from last year and I said yes I do. And, I’ve talked about him before a part-time employee at the library. Ron was instrumental in getting us in to speak to Steve’s group and it was the first time the library really heard about the United Way and how it works in payroll deductions and how you can give back to the community very easily. And, this man had come to me for other advice and we worked together on some things. Well, as he spoke to me last week, he said I don’t think you realize just how much I’ve been touched by United Way. And, I said, no, I didn’t realize that, but that’s an amazing story. So, beyond me telling you more about the United Way, you have the brochures, there’s our web site, there’s our video. Nothing will ever be as powerful as a story like this. So, I’m going to let Kent Wade, one of your own, speak.

KENT WADE: Good evening. First and foremost, it’s an honor to be able to speak to you guys tonight. I never would have thought I’d be able to be in this Chamber during a Council meeting. But, to go into my story, in 2008, ah, right after, a couple years of my son being born and having worked at the public library with Steve, I went through hard times where I was put into a position where I didn’t have a place to say. So, with that being a problem, food was also an issue. And, then it’s kind of hard to take care of a baby on the weekends with no place to stay. So, to do my fatherly duties, I ended up staying here and there–places–you know, but it wasn’t home. It wasn’t some place I could lay constantly or could shower or wash my face or, just even have my baby there with me. But, by the grace of God and some prayers from my family and myself I was able to be referred to a program called KCCSI. And, if anyone’s familiar with, ah, KCCSI, they help people with getting rental assistance and energy assistance. And, I was just so happy to be blessed to meet with the lady. She helped me pay my rent. Helped me get an apartment which I did not know was connected to United Way. Ah, prior, before that, a couple years before that when I experienced another time of being homeless, we used to get pantry food from the Hope Center over there across the bridge. It just so happens for years we’ve been getting pantry boxes and bags and it so happens they’re part of United Way. They’re connected with United Way. I have a friend who is currently going through issues with suicidal thoughts and depression and he’s been going the Helen Wheeler Center. And, I found out that they’re connected to United Way. And, so many resources here in Kankakee that is connected to the United Way that has helped me and blessed me that I had no idea was connected to the United Way. So, when Mr. Carroll came to the public library and, you know, told us, you know, this is what happens when you give to United Way. And, being a young person I wasn’t interested in anything he had to say, but when I started seeing the list of places that were on the back of the brochure, I’m like, I’ve been there, I’ve ate there, I’ve got clothes from there. I’ve been helped from there. Helped pay my rent from here. Give forward, give back because when you’re blessed, you’re supposed to give the blessing back in return. So, I gave whatever I had from my part-time check to United Way for KCCSI. I’m also a college student at KCC and it’s kind of hard working two part-time jobs, take care of rent, take care of a baby and have no public transportation. So, but with the connections of these programs to United Way, they’ve helped me with heat, they’ve helped me with food, they’ve helped me with rent, they’ve helped me with so many different things that I couldn’t have done myself. I mean, many people in this room may have experienced growing up where you had nothing at all and had to work with what was given to you and then there are also those that are in here who never had to go through that. I’m here to tell you, it’s a situation that you really don’t want to have to go through where you don’t want to have to come from the ground up and work with the resources you have. And, the United Way, from people I don’t even know, people was pressin’ their hearts to give money, I was able to get my apartment. My son comes to me on a daily basis. I’m able to have heat right now in the cold and snow outside, I’m able to get here and there just with the contributions that has been given to me from people I don’t even know. And, as I’ve been saying for the past three days–from Wednesday, Thursday and Friday–if anybody is here who is not a giver to United Way, I strongly impose on you to please give to United Way. I’m speaking as a citizen of Kankakee, also a young African-American of Kankakee and these resources help us when we have no where else to go. From the resources, I was able to give a speech during my speech class to persuade my classmates to use United Way services and give. A lot of them was just anxious to get applications, anxious to give, you know, resources that Mr. Carroll helped put packets together for me and we was able to reach out to them. Don’t know what they did with it, but the fact that they reached out and took it was enough to say, something’s on their mind. Now, I’m coming on......this is my last semester to get my grade point average back to where it needs to be. I’m taking care of my son. He just turned three. I’m President of Brother 2 Brother if anyone does not know what that program is about, it’s about gearing men, young men, to graduate college, graduate high school, graduate college, get good grades. Teach ‘em how to be...from a young man to be an appropriate young man. To take care of the needs in their community, grow socially and professionally. So, with the help of United Way giving to me, I’m blessed enough to give back in return. So, I thank you for the opportunity to be able to speak. I thank you for those who are current givers to United Way and I impose those who are not, please give to United Way. Thank you.

MAYOR EPSTEIN: Thank you.

GREG CARROLL: There’s not much more I can say than just how your donation really does affect people right here where we all live. So, I appreciate what you’ve done. Please keep doing it. Consider this year as a time of need is higher than ever. You know, donations are great, support, advocacy really spreading the word is even greater. So, if you have questions, feel free to call us, to write us. Get in contact with us. I just can’t say enough of a thank you of how much the City and the employees of the City have done to support the United Way. We have a strong campaign this year. We’re doing well, but we have a goal that’s 25% higher than what we raised last year and that’s because we know the need is there. So, we really need your help. Thank you very much.

MAYOR EPSTEIN: Thank you.

CHIEF YOUNG: The brochure that you have in front of you has a little sheet in there and on that sheet, it’s the one that you need to fill out and it’s your contribution sheet. We have an incentive program for this year’s program. If you fill out that incentive sheet, give it to me and I’ll get you into the incentive program. You can do a one-time gift or you can do a payroll deduction. And, this whole brochure tells you all about the United Way and what it does. So, thanks.

MAYOR EPSTEIN: Thank you, Ron. Moving on, the next item is one with regret. Alderman Williams is resigning his seat on the City Council effective January 31, 2010, and I need a motion to accept with regret his resignation. I know we will miss him. He and I started out our first campaigns together when I ran for Alderman and so it’s been a good ride, Hank. And, I appreciate your support on the Council and your insight and I’m sure the people of the 5^th Ward will miss your representation. Do I have a motion?

ALDERMAN HUNTER: I would make that motion and I can go back about four decades ago, candidly, and, indistinguishable you guys don’t realize what year that was but Hank and I ran for public office back then. I think probably both of us were probably around 200 pounds or maybe 220 pounds back then with a head full of hair. A lot of vim and vigor. And, ah, also, as you well know, Hank also served with the Kankakee Police Department as well, too. And, he served quite well. And, I’m gonna’ kind of miss him. I lean back and whisper stuff and getting advice what to do about this or that and what his opinion may be on certain issues. So, I would make that motion with regret that we accept his resignation.

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

ALDERMAN BROWN: Second.

MAYOR EPSTEIN: Alderman Brown. All those in favor, aye. Opposed, same sign.

LETTER OF RESIGNATION FROM HANK WILLIAMS, FIFTH WARD

ALDERMAN, EFFECTIVE JANUARY 31, 2010

MAYOR EPSTEIN: Hank, I’d like to invite you to come to our next Council meeting on February 1, 2010. We will have a presentation for you and I’m sure all the Aldermen would like to see you as a civilian. And, ah, I’m not quite sure who’s going to pay the bills from now on because that was always your function. I could always look over to you to pay all the bills, but I’m sure someone will step into those large shoes of yours. So, again, thank you for your service to the City. Item D is information only. The next items, with your indulgence, I think we could, ah, combine E, F, G, H and I. Do I have a motion?

ALDERMAN HUNTER: So moved.

ALDERMAN SCHWADE: Second.

MAYOR EPSTEIN: To combine them? Okay. Steve, did you make a motion to approve those?

ALDERMAN HUNTER: Yes.

MAYOR EPSTEIN: Okay. Alderman Hunter a motion to approve, Alderman Schwade seconded. All those in favor, aye. Opposed, same sign.

KELLY DOYLE IS REQUESTING STREET CLOSURE OF THE 100 BLOCK OF

EAST MERCHANT STREET (THE AREA AROUND THE WATER FOUNTAIN

IN FRONT OF THE KANKAKEE TRAIN DEPOT) FOR A WEDDING CEREMONY

ON SUNDAY, MAY 23, 2010, FROM 10:00 A.M. UNTIL 5:00 P.M.

WILL-GRUNDY COUNTIES BUILDING AND CONSTRUCTION TRADES

COUNCIL AND KANKAKEE/IROQUOIS COUNTIES BUILDING TRADES OF

THE AFL-CIO ARE REQUESTING PERMISSION TO HOST THEIR ANNUAL

“DAD’S DAY” TAG DAY ON SATURDAY, JUNE 19, 2010

KING MIDDLE SCHOOL PARENT TEACHER ORGANIZATION IS REQUESTING PERMISSION TO HOST A TAG DAY ON SATURDAY, MAY 1, 2010, WITH A RAIN

DATE OF SATURDAY, MAY 8, 2010

THE INTERNATIONAL HEALING DELIVERANCE CENTER, 595 SOUTH WEST

AVENUE, IS REQUESTING A NOISE PERMIT AND STREET CLOSURE OF THE

500 BLOCK OF SOUTH WEST AVENUE TO THE BACK OF SULLY’S PARKING

LOT (BETWEEN WEST RIVER STREET AND HICKORY STREET) ON FRIDAY,

JULY 30, 2010, FROM 12:00 P.M. UNTIL 7:00 P.M. FOR “CHURCHES UNITED

MUSIC FEST”

KANKAKEE V.F.W. #2857, KANKAKEE LADIES AUXILIARY, THE DEPARTMENT

OF ILLINOIS V.F.W. DIST. 7, AND DISTRICT LADIES AUXILIARY ARE REQUESTING PERMISSION TO HOST A LOYALTY DAY PARADE ON SUNDAY, APRIL 25, 2010, BEGINNING AT 1:00 P.M., FROM CALISTA STREET DOWN EIGHTH AVENUE TO JEFFERY STREET, ENDING AT THE KANKAKEE V.F.W.

MAYOR EPSTEIN: Motion carries. Thank you for that. Standing Committees. Public Safety. Alderman Hunter.

ALDERMAN HUNTER: That’s self-explanatory.

MAYOR EPSTEIN: Ah, License and Franchise. Alderman Carl Brown.

ALDERMAN BROWN: That’s self-explanatory.

MAYOR EPSTEIN: Alderman Baron, Budget.

ALDERMAN BARON: We don’t have anything to ask you for tonight. So.

MAYOR EPSTEIN: So there’s no?

ALDERMAN BARON: There’s no. The minutes are included in your materials. We continue to encourage everybody to attend, whether it’s indistinguishable or not. We’re hitting on some significant issues every month. We review the budget every month to see what the sales tax figures show. We indistinguishable last month we had a decrease. The rate of decrease indistinguishable last year we. There seems to be some sort of leveling off in the economy as reflected by the sales tax revenue that we get. It’s a good novel right now and we don’t know what the end of the story is going to be over the next few months, but that’s what indistinguishable right now. Also, ah, I would like to highlight at the time we’re not asking for any action, but, ah, the claims–we’ve got somewhat of an estimate for our health insurance next year and you can see that as it stands right now, it looks like we’re looking at a rate.....an increase of more than 50% of our health insurance premiums. And, the health insurance premiums now are about $800,000.00. Is that right? No.

MAYOR EPSTEIN: No, the increase.

ALDERMAN BARON: That’s 50%.

MAYOR EPSTEIN: The increase would be $800,000.00.

ALDERMAN BARON: The increase is $800,000.00. Those are the right number of zeros there. That’s just to bring you up to date and again we’re not asking for any action, but these are significant things affecting us right now from month to month.

MAYOR EPSTEIN: Thank you, Alderman Baron. Report of Officers.

ALDERMAN WILLIAMS: Mayor, before I make my exit in the curtains drop, I will give that report. I move to approve the Report of Officers, place the monies into their proper accounts and pay the bills in the amount of $467,119.85.

ALDERMAN CIACCIO: Second.

MAYOR EPSTEIN: Motion made by Alderman Williams, seconded by Alderman Ciaccio to pay the bills. Any discussion? Roll call, please.

CLERK DUMAS:

AYE: Brown; Hunter; Browne, R.; Baron; Williams; Ciaccio; Faford; Swanson; Osenga; Linneman; Jones; Schwade; Davidson; Cox (14)

REPORT OF OFFICERS APPROVAL OF BILLS - $467,119.85

MAYOR EPSTEIN: Motion carries. I have no Unfinished Business. Moving onto New Business, I think we could combine items A and B. Do I have a motion to accept.......to Suspend the Rules for the handicapped parking in both items?

ALDERMAN JONES: Motion to Suspend the Rules.

MAYOR EPSTEIN: Motion made by Alderman Jones.

ALDERMAN SCHWADE: I second it.

MAYOR EPSTEIN: Seconded by Alderman Schwade to Suspend the Rules that would interfere with the passage of these Ordinances. Roll call, please.

CLERK DUMAS:

AYE: Brown; Hunter; Browne, R.; Baron; Williams; Ciaccio; Faford; Swanson; Osenga; Linneman; Jones; Schwade; Davidson; Cox (14)

MAYOR EPSTEIN: Motion carries. I would now need a motion to place these Ordinances on their Final Passage and Pass.

ALDERMAN JONES: Motion to place this motion on Final Passage and Pass.

ALDERMAN SCHWADE: I second it.

MAYOR EPSTEIN: Motion made by Alderman Jones, seconded by Alderman Schwade. Roll call, please.

CLERK DUMAS:

AYE: Brown; Hunter; Browne, R.; Baron; Williams; Ciaccio; Faford; Swanson; Osenga; Linneman; Jones; Schwade; Davidson; Cox (14)

ORDINANCE AMENDING CHAPTER 32, SECTION 231 ESTABLISHING A

HANDICAPPED PARKING SIGN AT 440 SOUTH DEARBORN AVENUE

ORDINANCE AMENDING CHAPTER 32, SECTION 231 ESTABLISHING

A HANDICAPPED PARKING SIGN AT 906 SOUTH EAST AVENUE, ON

THE SOUTH SIDE OF CHARLES STREET, IN THE FIRST SPACE JUST

EAST OF THE SIDEWALK, FACING EAST

MAYOR EPSTEIN: Motion carries. Thank you. Moving onto item C. I think you all will recall that the motion to un Table the janitorial contracts was done at the last meeting. And, we have prepared for you four separate contracts to reflect the wishes of the Aldermen. The contracts are for the four buildings that the City occupies. One contract goes to Touch of Glass in Bradley. The other three go to Jack’s Cleaning Service. These contracts need to be approved by a 2/3 majority of the Council in order for them to be effective. Is your pleasure to take them one by one or to combine them?

ALDERMAN HUNTER: En masse. Motion to approve the contracts as articulated by Mayor Epstein.

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

/ALDERMAN LINNEMAN: Second.

\ALDERMAN WILLIAMS: Second

MAYOR EPSTEIN: Alderman Linneman. There was a typo.

ALDERMAN LINNEMAN: On the contract for the Space Center, it mentioned both Touch of Glass and referred to Jack’s. I don’t think that’s correct.

MAYOR EPSTEIN: No, it should be Touch of Glass should be the vendor. So, we will pass the contract, but we will correct the typo. I mean we will....the contract is here to be passed and if it does pass, we will certainly correct the typo in the contract. Are there any other.............Alderman Jones.

ALDERMAN JONES: What ramifications will we have if we vote in Jack’s Cleaning? And, the company that from Chicago had the lowest bid. What ramifications will that have on us to have them continue their contract?

MAYOR EPSTEIN: I think Mr. Bohlen can speak to that. We asked his advice and that’s why the recommendation is it must pass by a 2/3 vote of the Council in order to accomplish that. Chris, do you want to speak to it?

ATTORNEY BOHLEN: Right. As I think several of you were discussing in the previous committee meeting, once the Council made the decision to reject all bids, it was the action of the administration to then, at that point, see what our alternatives were. We went to the.........in terms of the three other.......the three bids that were rejected, we went to the current provider of the services–or a current provider of those services for the City and essentially asked them if they could match the bid with the 5% local leeway. They agreed to do that and that’s what you have in front of you. In order to award a bid that’s not being let or a contract that’s let by bid, the state statutes, City ordinances, allow you to do that if a 2/3 vote of the Alderman if it passes. I can’t predict the ramifications from the other bidders. I don’t know what they intend to do, but I think this is a lawful contract at that point that the City Council has the right to do this. If you do it by the 2/3 vote.

ALDERMAN JONES: Can we separate the Touch of Glass from the Jack’s Cleaning?

ALDERMAN HUNTER: I’ve already made a motion. Not to get into an argument, Alderman, but this stuff has been explained to you time after time after time after time after time. And, the same questions you posed tonight were posed before and were explained before.

ALDERMAN JONES: Yes, but Mr. Hunter I don’t have a problem with voting on one that took the bid at a 5% discount for being a local bidder. I do have a problem when another bidder has the lowest bid and it is not given out to them. I don’t want the ramifications to come back on us. So, if we separated it, I would vote my.......my vote would be different than if I do it en masse.

MAYOR EPSTEIN: The motion on the Floor right now is a motion made by Alderman Hunter, seconded by Alderman Williams to vote on all four. If we would take a roll call and you choose not to vote on all four, then vote whichever way you choose and however it carries, then we will separate them if that’s the way it falls. Alderman Linneman.

ALDERMAN LINNEMAN: I was the one that seconded.

MAYOR EPSTEIN: I’m sorry. You know what? I thought you were asking the question. But, you were seconding the motion. All right.

ALDERMAN WILLIAMS: We both did.

MAYOR EPSTEIN: All right, we will put you both down as seconders of the motion. So let’s have a roll call on the motion to vote on all four contracts at one time. Motion to approve all four contracts at one time.

ALDERMAN BARON: I have a question before that. What enables us to do this and.......what enables us to do this is that we have existing contracts with Jack’s and what we’re doing is extending that contract? If Jack’s were not our vendor right now, could we still do this? Reject all bids and have a bidder come in matching the low bid essentially?

ATTORNEY BOHLEN: Yes. It would be

ALDERMAN BARON: With the 2/3 majority.

ATTORNEY BOHLEN: .......it’s essentially being treated as a new contract at a price that’s–here it so happens that the price is 5% above the low bid and in those three instances–well, in all of the instances.......

ALDERMAN BARON: So, we’re still getting the benefit in terms of the money that we’re going to be spending. We’re spending exactly what the low bidder would have – or within 5%.

ATTORNEY BOHLEN: Correct.

MAYOR EPSTEIN: That’s correct.

ALDERMAN BARON: And, it’s your reading of the statute that this is lawful?

MAYOR EPSTEIN: You can issue..........yes. The answer is yes. Under the statute, the City Council is authorized to issue a contract without bid assuming it’s passes by 2/3 vote. It’s the same as we’ve done on other occasions when we’ve had a specific piece of equipment or wanted to pursue some contract. It can’t be carried by just a majority vote.

MAYOR EPSTEIN: Alderman Browne.

ALDERMAN BROWNE: So, essentially what we’re doing here is a last look sort of.

MAYOR EPSTEIN: Possibly.

ALDERMAN BROWNE: Is that correct in this particular instance?

MAYOR EPSTEIN: Yes. If you pass the contracts tonight, you’re done.

ALDERMAN BROWNE: Yes, but I guess what I’m saying is, ah, Counsel and I had spoken about this and one of the things that I was concerned about is the..... Mayor had expressed and Council and several Aldermen have, is the process by which we’re wanting to get local folks these bids. And, some of the grey areas that we have and so what I was talking with Chris about was the possibility of a last look option, for local bidders, the lowest bid from a responsible outside bidder possibly having the last look option for a local bidder to match that lowest bid as a last look and those would be written into the specs. I know they used that in some other municipalities and they use that in other businesses. And, I just had thought that that might not solve some of those problems because my concern is this. The gray areas that we’re following as we’re going through this process and we’re not allowing the lowest bid to actually be the accepted bid, I don’t know from a legal position where that’s going to end up with the City, but I don’t want to.......every single time we have a contract to be addressing it in the same manner. That’s my concern. And, it has nothing to do with the local bidder. I’m all for having a local bidder do this. But, if we’re going to constantly reject the lowest bid and readdress this so that the local folks can have the bid, I just.......I’m not so sure that’s a good precedent to set.

ALDERMAN HUNTER: Rich, can you define “constantly reject” ‘cause I don’t think that’s.....

that’s an accurate statement. You said constantly reject. Can you give me four, five, six, seven, eight instances in which we’ve done?

ALDERMAN BROWNE: I cannot. I can only give you two ‘cause I’ve only been here that long. But, the two that I have been here for have both done that. That’s constant to me in my short tenure.

MAYOR EPSTEIN: Thank you. I appreciate your comments, Alderman Browne. We have a motion and a second on the Floor. Any other discussion? Roll call, please.

CLERK DUMAS:

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

PASS: Browne, R. [Changed to aye.]

NAY: Jones (1)

JANITORIAL CONTRACT FOR ADMINISTRATION BUILDING

304 S. SCHUYLER AVENUE

JANITORIAL CONTRACT FOR PUBLIC SAFETY CENTER

385 E. OAK STREET

JANITORIAL CONTRACT FOR KANKAKEE PUBLIC LIBRARY

200 E. MERCHANT STREET

JANITORIAL CONTRACT FOR SPACE CENTER

850 N. HOBBIE AVENUE

MAYOR EPSTEIN: The motion carries. Thank you. Moving on, the next item, I have an Appointment. I’m sure you all are aware that the Director of the Code position has been vacant since November. I have interviewed, along with Mr. Gordon, Mr. Power, Capt. Cassagrande and Alderman Swanson as the Chair of the Code Department–Committee–several people and our recommendation is to bring forth to you tonight Mr. James Banasiak as the new Director of Code effective February 1, 2010. I have included his resume in your packet. He is very accomplished and has a great education background in Code and Building enforcement. We were all uniformly pleased with his interviews. We interviewed him three times. And, ah, I think he will be an excellent addition to our Department Heads and I think he will certainly do an excellent job in our Code and Building Department. Are there any questions? I would like a motion to approve the appointment.

ALDERMAN SWANSON: I so move.

MAYOR EPSTEIN: Alderman.......motion made by Alderman Swanson. Is there a second?

ALDERMAN FAFORD: Second.

MAYOR EPSTEIN: Seconded by Alderman Faford. Any questions? Roll.......do we need roll call?

ATTORNEY BOHLEN: Yeah.

MAYOR EPSTEIN: Roll call, please.

CLERK DUMAS:

AYE: Brown; Hunter (His resumé is quite impressive.); Browne, R.; Baron; Williams; Ciaccio; Faford; Swanson; Osenga; Linneman; Jones; Schwade; Davidson; Cox (14)

APPOINTMENTS JAMES BANASIAK – CODE DIRECTOR

MAYOR EPSTEIN: Motion carries. Mr. Banasiak will be at our next Council meeting and I look forward to you all meeting him. I have no other Motions and Resolutions. We will move onto Aldermen Comments and Questions. We will need an Executive Session tonight to discuss Pending Litigation and Personnel.

ALDERMAN BROWN: indistinguishable

MAYOR EPSTEIN: Are there any Comments or Questions? Hearing none, a motion to move to Executive Session.

ALDERMAN HUNTER: Move to go into Executive Session.

ALDERMAN BARON: Second.

MAYOR EPSTEIN: Motion by Alderman Hunter, seconded by Alderman Baron. All those in favor.

MOTION TO GO INTO EXECUTIVE SESSION TO DISCUSS

PENDING LITIGATION AND PERSONNEL.

MAYOR EPSTEIN: We will go into Executive Session.

7:40 P.M.

7:55 P.M.

MAYOR EPSTEIN: I need a motion to adjourn.

ALDERMAN SCHWADE: So moved.

ALDERMAN WILLIAMS: Second.

MAYOR EPSTEIN: Motion by Alderman Schwade, seconded by Alderman Williams. All those in favor, aye. Opposed.

MOTION TO ADJOURN CITY COUNCIL MEETING

MAYOR EPSTEIN: We are adjourned. Thank you.

7:55 P.M.