CITY OF KANKAKEE
CITY COUNCIL MEETING
FEBRUARY 7, 2011
7:02 P.M.
MAYOR EPSTEIN: We’re
a few minutes past. I will call the
meeting to order. Pastor Rueben Minton
from Whole Truth Way of Cross Temple, if you would come forward and lead us in
prayer.
PASTOR MINTON: Now
Lord we thank You for this gathering today, that we’re all here together, that
this County may go forward. We thank
You, Lord, for the establishment of this country which took place, really not
too long ago within Your sight. We thank
You for the hard labor, Lord, that people have put together to build this
country from nothing. The hard labor and
the honesty and dedication to make this country what it is thus far. For Lord, as You see us now and even in this
County that so many today are struggling so God we just need to ask You for
some direction and we are praying for those who oversee this City, my God, in
Jesus’ name, that You would help us to have direction, bring us peace and unity
within the people in this County. My
God, we ask these things in Jesus’ name.
We’ll give You glory indistinguishably if you do these things for
us. Amen.
MAYOR EPSTEIN: Thank
you. I would like to ask Maurice
Shoemaker from Bishop McNamara High School to come forward and lead us in the
Pledge of Allegiance. Hi, Maurice. You just want to come up here and face the
flag?
MAURICE SHOEMAKER AND ALL: Pledge of Allegiance.
MAYOR EPSTEIN: Thanks
Maurice. Is Alderman Osenga with
us? Is Alderman Osenga with us? Okay, we will proceed with roll call.
CLERK DUMAS:
PRESENT: Brown; Hunter; Browne, R.; Baron; Harris;
Tall; Faford; Swanson; Osenga (Here by phone); Linneman; Jones; Schwade;
Davidson; Cox (14)
MAYOR EPSTEIN: Department
Heads.
CLERK DUMAS:
PRESENT: Regnier; Young; Spice; Bohlen; Power; Simms;
Banasiak; Gordon; Bertrand; Yohnka (10)
ABSENT: Tyson;
Cross (2)
MAYOR EPSTEIN: I
will entertain a motion to approve the minutes of the January 18, 2011,
meeting.
ALDERMAN HUNTER: I
so move.
ALDERMAN BROWN: Second.
MAYOR EPSTEIN: Motion
by Alderman Hunter, seconded by Alderman Brown to approve the minutes of the
January 18, meeting. Are there any corrections
or additions? Carl Brown. Hearing none, all those in favor of approving
the minutes, aye. Opposed, same sign.
MOTION TO APPROVE CITY COUNCIL MEETING MINUTES OF
JANUARY 18, 2011
MAYOR EPSTEIN: We
are approved. Petitions. The Planning Board is requesting, if there
are questions about the case PB10-15, that we would Table the issue because Mr.
Cross is at a lead grant conference that he must attend as the City is a
recipient of the lead grant. Would you
like to Table that until the next meeting?
2nd Ward.
ALDERMAN BROWN: Yes.
ALDERMAN HUNTER: Let’s
hold it over.
MAYOR EPSTEIN: You
want to just hold it over? Would someone
make the motion to Table the issue ‘til the next meeting?
ALDERMAN JONES: I
make a motion to Table the issue until the next meeting so Clifford Cross can
be here to answer any questions.
MAYOR EPSTEIN: Thank
you, Alderman. Alderman Jones has made
the motion to Table it.
ALDERMAN SCHWADE: I’ll
second.
MAYOR EPSTEIN: Alderman
Schwade will second it. All those in
favor, aye.
MOTION TO TABLE
PB10-15 - AN ORDINANCE AUTHORIZING A CONDITIONAL USE
PERMIT TO
THE MASONIC TEMPLE ASSOCIATION OF KANKAKEE TO ALLOW
FOR THE
ERECTION OF
OUTDOOR ADVERTISING SIGNS AT THEIR PROPERTY
COMMONLY KNOWN AS 124 SOUTH HARRISON AVENUE.
MAYOR EPSTEIN: Okay. It’s just that if there were any questions,
he would not be here to answer them.
Thank you. Moving onto
Communications. The items are information
only. Standing Committees. Building and Code. Alderman Swanson.
ALDERMAN SWANSON: Information
is in the packet.
MAYOR EPSTEIN: Thank
you. Report of Officers. Do I have a motion to approve the payment of
the bills?
ALDERMAN FAFORD: Yeah. I move we approve the Report of Officers,
place the money in the proper accounts and pay the bills in the amount of
$1,590,721.96.
ALDERMAN TALL: I’ll
second the motion.
MAYOR EPSTEIN: Motion
by Alderman Faford, seconded by Alderman Tall to approve the payment of the
bills. Are there any questions? Hearing none, roll call, please.
CLERK DUMAS:
AYE: Brown; Hunter; Browne, R.; Baron; Harris;
Tall; Faford; Swanson; Osenga; Linneman; Jones; Schwade; Davidson; Cox
(14)
REPORT OF OFFICERS
APPROVAL OF BILLS - $1,590,721.96
MAYOR EPSTEIN: Motion
carries. Under New Business, we have an
Ordinance.........
ALDERMAN BROWN: Mayor. I would like to ask a question under
Unfinished Business.
MAYOR EPSTEIN: Okay.
ALDERMAN BROWN: I
guess when it got star indistinguishable tonight. But, anyway, I would like...........I was
waiting on February 4, to appear on the promotion of Willie Hunt and I thought
that, maybe, that this Council would bring him in and to honor that promotion
like we have done so many others. Like
we have done with the firefighters, like we have done with Chief Gerard, all of
that. That has not happened and I just
want to ask why.
CHIEF REGNIER: We
have not...........for several years now we have not brought any of the
promoted officers before the Council Floor.
So we did not do this one either.
MAYOR EPSTEIN: There
was........
CHIEF REGNIER: The
only ones that we have ever brought was appointments.
ALDERMAN HUNTER: You
said that Deputy Chief Gerard could not be here because he had to babysit
Chief.
CHIEF REGNIER: Yes,
sir.
ALDERMAN HUNTER: So,
that leads me to believe that had he been available, he would have been here,
and you would have introduced him. Let
me say this to you like Alderman Brown has indicated, the first female
Lieutenant for the Fire Department was brought here. And, tell me if I’m wrong. Please tell me I’m wrong. Please tell me I’m wrong.
MAYOR EPSTEIN: My
understanding.............
ALDERMAN BROWN: We
just think..........we just think we waited for a long time to say that,
basically, there is a minority that finally achieved what he achieved. I think that’s a honor and I think this
administration should be about honoring.........because this is a
minority. I mean, you’re the first woman
Mayor and I think those things should be seen off.........and right now I think
that promotion should have came before this Council. And let this Council know that basically we
congratulate him, we support him and we say thank you. I think that’s very important for this
Council and any other Council to say that when a person achieves what they needed to achieve
and basically we support them. And, I,
would support anyone else doing it and I think we waited a long time for that
promotion and I think that we should have had the opportunity to do that.
MAYOR EPSTEIN: Thank
you, Alderman.
ALDERMAN HUNTER: Another
issue under Unfinished Business. Ah, Mr.
Simms, maybe this will probably go to your division chief. I was wondering why we didn’t invoke the Snow
Ordinance last week because, you know, the concern I had as an Alderman, I
could see where the snow trucks went down the street, but they had to move out
and miss an area because cars were just haphazardly parked in the streets. Additionally, there were some cars which were
immobile and this caused some problems in terms of the streets. I’ll stand corrected if somebody can tell me
that what I’m saying is wrong.
MAYOR EPSTEIN: We
had discussed, Alderman, prior to this snowfall, the implementation of the Snow
Ordinance. The trouble is, it......the
implementation of that Ordinance is very difficult because it entails towing
hundreds and hundreds of cars off the street and there’s no place to take them. And, then the cost involved as far as
recovering them and we felt that because we’ve not had to do that for a long
time, to do it now at the last minute would have been very difficult on the
residents.
ALDERMAN HUNTER: But,
you said you had no place to tow ‘em. I’ve
been around for a while........
MAYOR EPSTEIN: We’ve,
we’ve.........
ALDERMAN HUNTER: You
have towed. You have towed ‘em.
MAYOR EPSTEIN: We’ve
spoken about places. They used to tow
them to the parks.
ALDERMAN HUNTER: That’s
right.
MAYOR EPSTEIN: All
right. But, that..........we didn’t feel
that that was an appropriate place because Beckman Park was inundated with
snow, also. We had spoken to the
Environmental Services, we spoke with DPW and the recommendation was prior to
this snowfall, that until we have a policy that we speak to the residents, that
we educate them on the Snow Ordinance, we’ve not implemented that in so long
that we felt people would be very confused as far as moving their cars off the
street.
ALDERMAN HUNTER: Every
year, we do, ah, by raise of hands, I guess some of my fellow Aldermen have
been involved in doing some of the PSAs regarding around Christmas time
and........
MAYOR EPSTEIN: We
were on the radio. I was on the radio
encouraging people to not park on the street, to remove their cars so we could
clear the snow. And, quite honestly, I
think we did a phenomenal job in clearing the street in a record amount of time
and I think that we did it with the least disruption to our residents. The alleys are clear, the sidewalks were
cleared, the streets were cleared after one of the biggest snowfalls that any
of us can remember in a long time. So, I
think despite the issue with the automobiles on the street, I think DPW is to
be commended for their efforts on getting the streets cleared faster than any
of our outlying municipalities and we have far more roads, alleys, streets and
sidewalks to clear than anyone else.
ALDERMAN HUNTER: What
I’m not.............I didn’t intimate that they didn’t do a very good job. I applaud them and I talked with them at all
times of night and I saw them at all times of the day and night doing a
remarkable job. I’m just saying to you
that I’ve seen areas where the streets have not been able to be appropriately,
ah, ah, snow hasn’t been removed by virtue of cars that are on the wrong side
of the street, cars that were immobile, people who had garages and they didn’t
move in their garages. That’s all I’m
sayin’. ‘Cause I think we could do a
better job and that’s something that we may have to revisit after every
catastrophic kind of, ah, storm. And, I
think we can improve every service that we provide to our citizens. All I’m saying is that we need to take a look
at that.
MAYOR EPSTEIN: Thank
you.
ALDERMAN COX: Mayor.
MAYOR EPSTEIN: Alderman
Cox.
ALDERMAN COX: Talkin’
about snow. I lived in the First Ward
over seven years. I think Bert and
Dennis and his crew did a wonderful job.
Applause It always hasn’t
been like that in the First Ward. I
recall Mayor Johnson takin’ the snow removal stuff to Sun River Terrace. I was in my garage three days in the
alley. Now, ah, since Bert and Dennis
been on board, they get the alleys the next day. And, ah, Mayor Daley and Mayor Bloomberg is
not runnin’ again. But, I recall
what happened to Mayor Bilandic and Jayne Byrne in Chicago.
MAYOR EPSTEIN: I
recall that, Alderman Cox and that’s one of the reasons we made sure that the
streets were clean.
ALDERMAN COX: In
my driving around, after I got my car out of the garage, the only block I seen
was in bad shape was where the cars was on South Lincoln. In the 400 block. People talk about the City employees don’t do
their jobs, DPW does their jobs with a limited amount of workers. I recall when it was Russ Johnson I could see
people in a truck with a tree limb all day.
So, I think Bert and Dennis should be congratulated.
MAYOR EPSTEIN: Thank
you, Alderman. Moving onto New Business,
we have an Ordinance establishing a handicapped parking sign at 202 Crestlane
Drive, Apartment 102. Do I have a motion
to Suspend the Rules?
ALDERMAN HUNTER: Motion
to Suspend the Rules.
ALDERMAN BROWN: I
second it.
ALDERMAN SCHWADE: Can
we do the Ordinance rescinding that parking at..........
ALDERMAN HUNTER: They’re
two different motions.
ALDERMAN SCHWADE: Okay.
MAYOR EPSTEIN: Well,
we can...........do have a handicapped parking space to rescind?
ALDERMAN SCHWADE: Yes.
MAYOR EPSTEIN: All
right. We’ll do that at the end of
this. All right? Ah, we have a motion by Alderman Hunter, seconded
by Alderman Brown–Carl Brown–to Suspend the Rules. Roll call.
CLERK DUMAS:
AYE: Brown; Hunter; Browne, R.; Baron; Harris;
Tall; Faford; Swanson; Osenga; Linneman; Jones; Schwade; Davidson; Cox
(14)
MAYOR EPSTEIN: Motion
carries. Motion to place this Ordinance
on its Final Passage.
ALDERMAN HUNTER: I
so move.
ALDERMAN BROWN: Second.
MAYOR EPSTEIN: Motion
by Alderman Hunter, seconded by Alderman Carl Brown. Are there any questions? Roll call.
CLERK DUMAS:
AYE: Brown; Hunter; Browne, R.; Baron; Harris;
Tall; Faford; Swanson; Osenga; Linneman; Jones; Schwade; Davidson; Cox
(14)
ORDINANCE AMENDING CHAPTER 32, SECTION 231
ESTABLISHING HANDICAPPED PARKING SIGN(S) AT 202 CRESTLANE DRIVE, APARTMENT 102
MAYOR EPSTEIN: Motion
carries. The next item on the agenda is
a recommendation to award.
ALDERMAN SCHWADE: Mayor.
MAYOR EPSTEIN: Oh,
I’m sorry, Alderman. What address did
you want to rescind?
ALDERMAN SCHWADE: Actually,
459 S. Lincoln Avenue so maybe that will help with the parking.
MAYOR EPSTEIN: Was
it 459?
ALDERMAN SCHWADE: Yes.
CLERK DUMAS: Thank you.
MAYOR EPSTEIN: South
Lincoln.
ALDERMAN SCHWADE: And,
that just came to our attention late this afternoon so we’re sorry.
MAYOR EPSTEIN: That’s
all right.
ALDERMAN SCHWADE: That
he would like to rescind that handicapped parking space.
ALDERMAN JONES: Second.
MAYOR EPSTEIN: Motion
to Suspend the Rules by Alderman Schwade, seconded by Alderman Jones to rescind
the handicapped parking space at 459 S. Lincoln. Roll call.
CLERK DUMAS:
AYE: Brown; Hunter; Browne, R.; Baron; Harris;
Tall; Faford; Swanson; Osenga; Linneman; Jones; Schwade; Davidson; Cox
(14)
MAYOR EPSTEIN: Motion
carries. Motion to place this Ordinance
on its Final Passage?
ALDERMAN SCHWADE: I
so move.
ALDERMAN JONES: Second.
MAYOR EPSTEIN: Motion
by Alderman Schwade, seconded by Alderman Jones. Any questions? Roll call.
CLERK DUMAS:
AYE: Brown; Hunter; Browne, R.; Baron; Harris;
Tall; Faford; Swanson; Osenga; Linneman; Jones; Schwade; Davidson; Cox
(14)
MOTION TO RESCIND THE HANDICAPPED PARKING SPACE AT 459
S. LINCOLN
MAYOR EPSTEIN: Motion
carries. Next item on the agenda is the
recommendation to award sewer lining for Longwood Avenue in Hillcrest
Subdivision to Hoerr Construction. We
have a base bid and an alternate. My
understanding is that both of these projects need to be done in conjunction
with each other and we awarding the bid to, I believe it’s pronounced, Hoerr
Construction in Peoria, Illinois. Mr.
Simms, did you want to address this part of our capital improvement from the
Build America Bonds, I believe?
RICHARD SIMMS: Yes,
this is part of our sewer improvement program.
In that neighborhood, with this project, we will have actually rehabbed
about 75% of all the sanitary sewers.
And that is one of the worst areas for root growth and intrusion
where we’ve had a lot of backups. So, it’s
an important project. And, since the
bids were reasonable, we’d like to do both the base bid and the
alternate.
MAYOR EPSTEIN: Do
I have a motion to approve?
ALDERMAN BROWN: I
make a motion that we accept the lowest responsible bid recommended by the City
Engineer in the amount of $59,357.50 to Hoerr Construction Company.
ALDERMAN HUNTER: Second.
MAYOR EPSTEIN: Motion
by Alderman Carl Brown, seconded by Alderman Hunter to accept the
recommendation and to award the bid. Any
questions? Roll call, please.
CLERK DUMAS:
AYE: Brown; Hunter; Browne, R.; Baron; Harris;
Tall; Faford; Swanson; Osenga; Linneman; Jones; Schwade; Davidson; Cox (14)
RECOMMENDATION TO AWARD THE SEWER LINING OF LONGWOOD
AVENUE
IN HILLCREST SUBDIVISON BID TO HOERR CONSTRUCTION,
INC.
MAYOR EPSTEIN: The
motion carries. There are no Motions and
Resolutions. We will need an Executive
Session to discuss pending litigation as well as.............oh, probable
pending litigation.
ALDERMAN HUNTER: Can
we.......can we.........I just got a question under Motions and Resolutions. You guys asked indistinguishable I wanted to ask administration, why is there
not a Resolution designating February as Black History month, Mayor
Epstein. And, additionally, I notice
that the Martin Luther King, ah, breakfast held in Bradley, I didn’t see that
the City bought a table whereby the various Department Heads and the Aldermen
could attend. Neither did I see at the
program at 1309 E. Court, did we have any Department Heads, I think, at the
program. I was kind of embarrassed, you
know, when you have people from other Villages and parts of the County. I know years ago, consistently, we always
bought a table and we had Department Heads and, Chris, you may remember, I
think you even attended. And, I felt
really proud that we had various Department Heads and Aldermen attend these
functions. I just want to know why we
didn’t have representation from the City.
I know that Clerk Dumas was at the program at 1309 E. Court. I think Gordon was there. I know Alderman Brown and I were at the
program at 1309. Can anybody explain to
me why we did not participate? Enough
said.
MAYOR EPSTEIN: I
need a motion to go.......
ALDERMAN JONES: Mayor.........
MAYOR EPSTEIN: Yes.
ALDERMAN JONES: Mayor,
I would like to extend my gratitude to DPW for the excellent work that they did
through the storm. I got numerous phone
calls. I got people coming through Ultra
that made comments that Kankakee streets were clear even during the storm on
Wednesday or Tuesday night when Bradley and Bourbonnas didn’t even have their
plows out. They went home and waited for
it to end. And, Kankakee was out there
working and everybody noticed. And I want
to thank them by giving them this basket that they can share with their
employees tomorrow. And, please, Bert,
or ah, Dennis, take this back to your office and tell all your employees thank
you on behalf of the 2nd Ward and indistinguishable out there
pulling people out of ditches all night long.
MAYOR EPSTEIN: Thank
you, Alderman. Alderman Schwade.
ALDERMAN SCHWADE: Ah,
I also wanted to convey a message from District 111 Superintendent Colleen
Legge said how much she appreciated it that the school children were able to
attend safely and, you know, get to school so she was very appreciative.
MAYOR EPSTEIN: Alderman
Cox.
ALDERMAN COX: How much is left in the snow budget?
MAYOR EPSTEIN: I
asked Bert today and they are putting together the numbers of what that cost us
and he will have that information for me tomorrow morning.
ALDERMAN COX: I
make a motion that we include personnel in the closed session.
MAYOR EPSTEIN: Okay. Alderman Carl Brown.
ALDERMAN BROWN: Just
a reminder that the License and Franchise Committee this coming Thursday, we
will also have Allied Waste Service to give us a presentation on how it is
going. Ah, so, I just wanted to make the
Aldermens aware of that so if you want to attend, you’re welcome to attend.
MAYOR EPSTEIN: Thank
you, Alderman.
ALDERMAN HUNTER: I’ll
second Alderman Cox’s motion to go into Executive Session to discuss Personnel.
ATTORNEY BOHLEN: We
also need Probable Litigation, please.
ALDERMAN HUNTER: That’s
fine. I’ll second that, too.
MAYOR EPSTEIN: Okay. All those in favor, aye. Opposed, same sign.
MOTION TO GO INTO EXECUTIVE SESSION
MAYOR EPSTEIN: We
are adjourned to Executive Session.
7:25
P.M.
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8:34
P.M.
MAYOR EPSTEIN: We
are back in Open Session. Do I have a
motion from the Floor?
ALDERMAN BARON: Mayor,
I move that we would authorize the City to file suit against the State of
Illinois Department of Revenue, Comptroller and Treasurer in relation to
pending sales tax issues.
ALDERMAN HUNTER: Second
that Your Honor.
MAYOR EPSTEIN: Motion
by Alderman Baron, seconded by Alderman Hunter to authorize the legal counsel
for the City of Kankakee to pursue a lawsuit against the..............
ALDERMAN HUNTER: And,
in seconding that, I would request a unanimous vote via roll call.
MAYOR EPSTEIN: Ah,
any other questions? Roll call.
CLERK DUMAS:
AYE: Brown; Hunter; Browne, R.; Baron; Harris;
Tall; Faford; Swanson; Osenga; Linneman; Jones; Schwade; Davidson; Cox
(14)
MOTION AUTHORIZING THE CITY TO PURSUE LITIGATION TO
COLLECT BACK
TAXES FROM THE STATE OF ILLINOIS DEPARTMENT OF
REVENUE,
COMPTROLLER AND TREASURER
MAYOR EPSTEIN: Motion
carries. A motion to adjourn.
ALDERMAN TALL: So
moved.
ALDERMAN SWANSON: Second.
MAYOR EPSTEIN: Motion
by Alderman Tall, seconded by Alderman Swanson.
All those in favor, aye.
MOTION TO ADJOURN CITY COUNCIL MEETING
MAYOR EPSTEIN: We
are adjourned.
8:36 P.M.