CITY OF KANKAKEE

CITY COUNCIL MEETING

MAY 4, 2009 7:00 P.M.

MAYOR GREEN: I’d like to call this meeting to order. I’d like to ask Rev. John Powers if he’d come forward and open our meeting with a prayer.

REVEREND POWERS: Let us turn to divine guidance in prayer. God whose love gives life and whose marvels are unceasing, we rejoice as we meet in this newly remodeled, beautiful and historic chamber acknowledging that we are the benefactors of all who have gone before us. We rejoice in this new day, that the rigors of election and campaigning have given us cause to dream and work toward all that we can become as a Council, as a City, as a County and as members of a global community. We stand in awe of our government, that the people have spoken, choices have been made, lessons learned and tonight we begin a new era with a new Council and with Kankakee’s first woman Mayor. We come to this historic moment, not as winners or losers, but as servant leaders chosen by the citizens of Kankakee to be good stewards of our resources. We are Hispanic, Asian, black and white. We are rich, we are poor, we are gay, we are straight. We’re all faiths–Jewish, Christian, Moslem, Hindu. We are believers and non-believers. We are Democrats and Republicans, Independents. We’re the City of Kankakee whose mission is to provide the services so that everyone shall drink from the well of opportunity knowing that our greatness shall be measured by our joy and how we treat the least among us. Gracious God, we pray for vision and insight to become a body of government whose eyes sparkle with laughter and enthusiasm, whose hearts are filled with love, whose minds seek problems as opportunities, whose ears listen with compassion, whose mouths speak encouragement, whose hands are tireless in finding the right way and whose shoulders carry one another’s burdens. Finally, gracious God, we give thanks for the love, the hard work, the gifts, the talents of Mayor Donald E. Green, for his family and for all those Aldermen and women and City employees who worked with him for sixteen years. And, now it is with faith and excitement that we hand the reigns of leadership to Mayor Nina Epstein and all of our current and newly-elected Aldermen and women and City employees who will govern and serve, each with the unique talents and gifts that You have given them. We pray these things in a spirit of shalom and we the people say, amen.

MAYOR GREEN: Now, I’d like to ask the family members of the City Council to come forward and lead us in the Pledge of Allegiance. I’m also going to take privilege and ask the members of the City Council who have family members leading the Pledge to get up and stand by your family. Yeah, please unhook your microphones, ‘cause otherwise we’ll have a mess. But, come up and join your families, please.

KELLY DAVIDSON, JUSTIN DAVIDSON, KAMIL

JACKSON, JACKELYN JONES, JONATHON JONES,

MARTIN LINNEMAN, KIM OSENGA, JILL GERBER,

TERA EDWARDS, RACHEL FAFORD, SARAH

FAFORD, AUSTIN BROWNE, JACKSON BROWNE,

MAXIMILIAN BROWNE, DR. STEVE EPSTEIN, KAREN

HUNEKE, CHRIS HUNEKE, AIR’RIELLE ANDREW,

ARIEZ ANDREW, DESTINEE SARGEANT FAMILY

OF CITY COUNCIL AND ALL: Pledge of Allegiance

MAYOR GREEN: You guys did a great job. Roll call.

CLERK DUMAS:

PRESENT: Brown; Hunter; Epstein; Baron; Williams (via telephone); Ciaccio; Swanson; Linneman; Diersen; Jones; Schwade; Cox (12)

ABSENT: Coleman (1)

MAYOR GREEN: Department Heads.

CLERK DUMAS:

PRESENT: Kinkade; Young; Dear; Spice; Bohlen; Power; Leshen; Simms; Tyson; Shaw; Gordon; Bertrand (12)

ABSENT: Nolan (1)

MAYOR GREEN: Thank you. You have the minutes of the April 20, 2009, meeting. I need a motion to approve.

ALDERMAN HUNTER: Mayor Green, I move they be accepted as recorded.

ALDERMAN SWANSON: Second

MAYOR GREEN: Motion by Alderman Hunter, seconded by Alderman Swanson to approve the minutes of April 20, 2009. All in favor, AYE. Same sign, opposed.

MOTION TO APPROVE CITY COUNCIL MEETING MINUTES OF APRIL 20, 2009

MAYOR GREEN: Motion carries. Next, is a duty I have to carry out. It’s the resignation of all the Department Heads in the City of Kankakee. Since I appointed them, they must resign at the end of my term. This is the end of my term, so I’m asking for this City Council to accept the resignations as listed on page.....on your agenda.

ALDERMAN HUNTER: Mayor Green, I move that we accept en masse those Department Heads as stated.

MAYOR GREEN: Is there a second?

ALDERMAN BARON: Second.

MAYOR GREEN: Motion by Alderman Hunter, seconded by Alderman Baron to accept the resignations of all Department Heads as listed. All in favor, AYE. Opposed, same sign.

RESIGNATIONS OF DEPARTMENT HEADS

ERCOLE SHAW – CODE OFFICIAL

LARRY NOLAN – DIRECTOR OF COMMUNITY DEVELOPMENT

JAMES SPICE – COMPTROLLER

BERT DEAR– SUPERINTENDENT OF PUBLIC WORKS

DENNIS DOYLE – ASST. SUPERINTENDENT OF PUBLIC WORKS

CHRISTOPHER BOHLEN – CORPORATION COUNSEL

L. PATRICK POWER – ASSISTANT CITY ATTORNEY

KENNETH LESHEN – ASSISTANT CITY ATTORNEY/CITY TREASURER

RONALD YOUNG – FIRE CHIEF

DAVID HARMON - ASSISTANT FIRE CHIEF

EARNEST KING – ASSISTANT FIRE CHIEF

JAMES GORDON – DIRECTOR OF PERSONNEL

MICHAEL KINKADE – CHIEF OF POLICE

LARRY REGNIER – ASSISTANT POLICE CHIEF

MAYOR GREEN: Motion carries. Next, ah, this is my last official act. I’m going to ask for a motion that we adjourn sine die so we can seat the new Mayor and swear in the new City Council members. So, I’ll entertain a motion.

ALDERMAN HUNTER: Move to adjourn sine die.

ALDERMAN JONES: Second.

MAYOR GREEN: Motion by Alderman Hunter, seconded by Alderman Jones to adjourn sine die. All in favor, AYE. Opposed, same sign.

MOTION TO ADJOURNMENT SINE DIE

MAYOR GREEN: Motion carries. Thank you, ladies and gentlemen. Justice Kilbride is here and we will get ready to swear in the new Mayor, the City Clerk and the members of the City Council.

7:10 P.M.

ATTORNEY BOHLEN: At this point, we would ask all of the incoming and reelected Aldermen to step forward and they will be sworn in en masse by Justice Kilbride from the Illinois Supreme Court.

JUSTICE KILBRIDE: Welcome. Please raise your right hands and repeat after me. I, Glenn Davidson; Cheryl Jones; Steve Linneman; Larry Osenga; Jim Faford; Rich Browne; Steve Hunter, having been elected to the office of Alderman in the City of Kankakee and the County of Kankakee, in the State of Illinois do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the State of Illinois and that I will faithfully discharge the duties of the office of Alderman to the best of my ability. Congratulations.

ATTORNEY BOHLEN: If you’ll all come up and sign your oath here. Now you can take your seats. Your names should be on them. Ready to go? Okay. At this point, Justice Kilbride will swear in the Clerk.

JUSTICE KILBRIDE: Please raise your right hand and repeat after me. I, Anjanita Dumas, having been elected to the office of City Clerk in the City of Kankakee and the County of Kankakee, in the State of Illinois do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the State of Illinois and that I will faithfully discharge the duties of the office of City Clerk to the best of my ability. Congratulations.

CLERK DUMAS: Thank you.

JUSTICE KILBRIDE: And, now.

ALDERMAN EPSTEIN: I’ve got too many signs.

UNKNOWN: That’s all right. We’ll get rid of them.

JUSTICE KILBRIDE: Before we do the swearing in I just wanted to offer a few comments, very briefly. First of all, I wanted to thank Mayor Green, who’s over there behind you, ah, and Mayor-elect for the invitation to be here to participate in this ceremony. I have served on the Illinois Supreme Court with the first woman ever elected to the Supreme Court and the first woman to ever be Chief Justice. And, I rank this right up near that category. And, ah, people make a big deal, so to speak, out of being the first woman, but we all know that running a City government–I was a former City Attorney–as Mayor Laguardia said over half a century ago, there’s no Republican or Democratic way of picking up the garbage. It either gets picked up or it doesn’t. And, ah, although my Mother and my two sisters, my wife, my three daughters and my granddaughter would tell me, if there’s a female way to do it, it must be the right way. Are you ready to take the oath?

ALDERMAN EPSTEIN: I am.

JUSTICE KILBRIDE: Please raise your right hand and repeat after me. I, Nina Epstein, having been elected in the office of Mayor in the City of Kankakee and the County of Kankakee, in the State of Illinois do solemnly affirm that I will support the Constitution of the United States of America and the Constitution of the State of Illinois and that I will faithfully discharge the duties of the office of Mayor to the best of my ability. Congratulations.

MAYOR EPSTEIN: Thank you so much.

ATTORNEY BOHLEN: Thank you very much, Justice. Thank you for being here. It’s quite an honor.

MAYOR EPSTEIN: Thank you so much for being here. Thank you.

SWEARING IN OF NEW COUNCIL MEMBERS BY HONORABLE

JUSTICE THOMAS L. KILBRIDE, ILLINOIS SUPREME COURTALDERMEN, CITY CLERK, MAYOR

7:21 P.M.

MAYOR EPSTEIN: So far, so good. Anjanita, would you please call the new roll?

CLERK DUMAS:

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

MAYOR EPSTEIN: Before I recognize Alderman Hunter, I’m going to, as a woman’s prerogative, I’m going to change the agenda briefly this evening. First of all, I would like to say thank you to everyone who is here this evening, the families of all the newly sworn-in Aldermen, the supporters and the residents of the City of Kankakee. I truly...........I personally appreciate your support and I know all 14 Aldermen, the City Clerk and the Department Heads and myself, we look forward to serving the residents of the City of Kankakee to the very best of our abilities. My first official act, I would like to present a Resolution tonight to Mayor Green. It’s been a pleasure sitting out there for eight years and Mayor Green has been very gracious the last three weeks since the election providing me with wonderful insight so we can have a smooth transition from his administration to my administration. Until you’ve gone through that process, you truly have no idea how wonderful it is to work with someone who has been so gracious in allowing me to attend all the Department Head meetings, the Law Department, meet with all the Department Heads and he has taken great glee I should say–in saying when anyone has a question or a concern, don’t ask me, ask her. He said it so many times that I started to get really nervous after a while. Ah, but, that aside, it is only fitting that we honor him for his service to the City of Kankakee. And, I can think of no more fitting honor than to present a Resolution tonight to name this building that we are in tonight, the Donald E. Green Public Safety Building. They say, the true measure of a person is, do they leave things better than what they found them? And, I think, without any hesitation, we can say that under Mayor Green’s leadership, the City of Kankakee is better today than it was 16 years ago. For all of those years, except for the last month or so, his office was in this building and we are here tonight to witness the transformation of, not only this building, but of course, our City Administration Building. And, I think it’s a proper and a fitting honor and I would like to now recognize Alderman Hunter who will present the Resolution.

ALDERMAN HUNTER: Thank you, Mayor Epstein.

ALDERMAN EPSTEIN: You’re welcome.

ALDERMAN HUNTER: Before I read the Resolution, I’d just like to make a couple brief comments, if you can believe that Mayor Green. I think it’s fitting and proper that we name this wonderful edifice after Donald E. Green. When you think about all of his tireless efforts, when you think about the Citizen’s Police and Fire Academies, the Senior, Teen and Hispanic Academies and the ever decreasing crime rate in bringing communities together and I say that because he has a genuine love for the City of Kankakee. It wasn’t too long ago when the Mayor was first sworn into office when you think about the bloody summer of 1993 when we had just a myriad of murders and havoc throughout the City. When you think in terms of what has transpired since that time, we are having the communities working with the Police and Fire Departments in making our City a better place to live. So, I’d like to rise in order to present this Resolution for consideration for the City Council. The Resolution reads as follows: RESOLUTION NO. 2009- 17 HONORING MAYOR DONALD E. GREEN AND HIS YEARS OF SERVICE TO THE CITY OF KANKAKEE WHEREAS, after sixteen years of dedicated, tireless service to the City of Kankakee, Mayor Donald E. Green will leave office on Monday, May 4, 2009; and WHEREAS, he leaves the community a legacy of positive achievements and a more stable and more hopeful Kankakee than it was when he took the reins of office in 1993; and WHEREAS, Mayor Green has always put his love for his native Kankakee first and foremost. The decisions his administration have made have been committed toward the betterment of the City. The development of Exit 308, which the Mayor has been instrumental in achieving, has been a key step toward rebuilding the City. Quality services for young and old are being provided with the building and expansion of a new and improved library, the renovation of the old public library into the Administration Building, and the reconstruction of the former City Hall into the Public Safety Center; and WHEREAS,Mayor Green’s tax sharing agreements, redevelopment of the downtown, and expansion of the bus service have all been constructive steps focused on bringing Kankakee back into a position of leadership in the County; and WHEREAS, since the year Mayor Green took office, one of his principal commitments has been to public safety, (and I have had privilege to serve as the Public Safety Chairman for some period of time under his tutelage) and he has worked with numerous law enforcement agencies in his pledge to keep control of the community. Crime indexes have steadily decreased as investments have been made into the police department and emphasis placed on community involvement, especially with the Citizens Police Academy; and WHEREAS, those who have worked with Mayor Green agree that he has always been known for his open mind and his willingness to listen to and seek answers for the citizens of Kankakee. The leadership he has exemplified has crossed generational, political, and racial divides; and WHEREAS, Mayor Green’s family has been by his side in their loyalty and service to Kankakee and follow the same convictions of community involvement and accessibility; and WHEREAS, Mayor Green takes his place in the Mayoral Gallery as one whom some call a “visionary,” and a man “who got things done”; and NOW, THEREFORE BE IT RESOLVED, by the citizens and the City Council of the City of Kankakee, do hereby offer heartfelt gratitude and best wishes to a man who always put his City first. The results of Mayor Donald E. Green’s service to our City are all around us; and due to his dedication to the public safety of the City of Kankakee, we hereby do honor Mayor Donald E. Green by naming the new Public Safety Center as the Donald E. Green Public Safety Center. Adopted this 4^th day of May, 2009. Signed by the Honorable Nina Epstein, Mayor. Attested to by Anjanita Dumas, City Clerk.

MAYOR EPSTEIN: May I have a second?

ALDERMAN SCHWADE: I second it.

MAYOR EPSTEIN: Alderman Schwade seconded. May I have a vote–a voice vote? All those in favor. Opposed.

CLERK DUMAS:

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

RESOLUTION HONORING MAYOR DONALD E. GREEN AND HIS SERVICE

TO THE CITY OF KANKAKEE

MAYOR EPSTEIN: Resolution is passed. Thank you.

MAYOR GREEN: You’ve got me back at the microphone here. I really don’t know what to say. I’m going to get emotional here and that’s not good. This City is my passion. And, to have this honor bestowed upon me, who doesn’t deserve it, I thank my fellow elected officials, I thank every citizen of Kankakee for allowing me to serve in this capacity. I couldn’t have had a better experience in my life. So, thank you.

MAYOR EPSTEIN: We will proceed now with the agenda. We will go to Petitions. I need a motion to accept the Findings of the Planning Board–the Recommendations of the Planning Board. May I have a motion to accept? Someone?

ALDERMAN HUNTER: I’ll move that we accept the Findings and Recommendations of the Planning Board.

MAYOR EPSTEIN: Do I have a second?

ALDERMAN BROWN: I’ll second.

MAYOR EPSTEIN: Alderman Brown. Those in.......voice vote of all those in favor. Those opposed.

FINDINGS AND RECOMMENDATIONS

PB 09-06 – AN APPLICATION BY THE CITY OF KANKAKEE PLANNING

DEPARTMENT REQUESTING THE VACATION OF A PUBLIC STREET

LEGALLY DESCRIBED AS ALL THAT PART OF FOURTH STREET LYING

BETWEEN BLOCKS 121 AND 122 IN ASSOCIATES ADDITION TO THE

CITY OF KANKAKEE IN KANKAKEE COUNTY, ILLINOIS

MAYOR EPSTEIN: We will accept the Findings of the Planning Board. Do I have a motion to Suspend the Rules that would interfere with the passage of the Ordinance?

ALDERMAN HUNTER: Motion to Suspend the Rules that would interfere with consideration of passage of this Ordinance at this time.

MAYOR EPSTEIN: Second?

ALDERMAN BROWN: Second.

MAYOR EPSTEIN: Second by Alderman Brown. Anjanita, would you call the roll please?

CLERK DUMAS:

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

MAYOR EPSTEIN: Thank you. We will move onto Communications. Oh, I’m sorry.

ALDERMAN HUNTER: I move this Ordinance be placed on its Final Passage and Pass.

MAYOR EPSTEIN: That’s correct. Thank you.

ALDERMAN BROWN: Second.

MAYOR EPSTEIN: Seconded by Alderman Carl Brown. Roll call.

CLERK DUMAS:

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

AN ORDINANCE APPROVING THE VACATION OF THE PUBLIC STREET

LEGALLY DESCRIBED AS ALL THAT PART OF FOURTH STREET LYING

BETWEEN BLOCKS 121 AND 122 IN ASSOCIATES ADDITION TO THE CITY

OF KANKAKEE IN KANKAKEE COUNTY, ILLINOIS

MAYOR EPSTEIN: Thank you. Communications.

ALDERMAN HUNTER: Mayor Epstein I move that we approve items A, B, C, D, E and F en masse.

MAYOR EPSTEIN: Do I have anyone who objects?

ALDERMAN SWANSON: Second.

MAYOR EPSTEIN: Second by Alderman Grant (Swanson). All those in favor Aye. Opposed?

NEW JERUSALEM SEVENTH-DAY ADVENTIST CHURCH IS REQUESTING

PERMISSION TO HOST A TENT REVIVAL ON A CITY OWNED VACANT LOT

IN THE 500 BLOCK OF NORTH INDIANA AVENUE FROM JUNE 28, 2009 TO

AUGUST 1, 2009,

KANKAKEE JUNIOR HIGH SCHOOL GIFTED PROGRAM IS REQUESTING

PERMISSION TO HOLD A 5K WALK AND 5K COMPETITIVE RUN FOR THE

LANCE ARMSTRONG FOUNDATION ON SATURDAY, MAY 30, 2009, FROM

8:00 A.M. UNTIL NOON

KATHLEEN (SISSY) O’CONNOR, PRINCIPAL OF KENNEDY MIDDLE GRADE

SCHOOL IS REQUESTING PERMISSION TO HOST AN END-OF-THE-SCHOOL-

YEAR STAFF PARTY WITH A BAND AT HER RESIDENCE AT 1502 BUDD

BOULEVARD ON FRIDAY, JUNE 5, 2009, FROM 7:00 P.M. TO 11:00 P.M.

BRADLEY WAL-MART STORE #1307 IS REQUESTING PERMISSION TO HOST

A TAG DAY ON FRIDAY, MAY 8, 2009 FOR CHILDREN’S MIRACLE NETWORK

GERALD AND JUDY KILBRIDE ARE REQUESTING PERMISSION TO HOLD A

5K ROAD RACE AND TWO-MILE WALK FOR AUTISM AROUND COBB PARK

ON SUNDAY, JUNE 21, 2009, FROM 8:00 A.M. UNTIL 9:45 A.M.

KNIGHTS OF COLUMBUS COUNCIL #745 IS REQUESTING PERMISSION TO

BLOCK PART OF THE SIDEWALK AND STREET ON THE SOUTH SIDE OF THE

BUILDING ON MERCHANT STREET FOR REPAIRS BEGINNING THE SECOND

WEEK OF MAY AND THE LATEST WOULD BE THE FIRST WEEK OF JUNE

MAYOR EPSTEIN: Communications are approved. Standing Committees. Planning and Code, that was me, so the information is provided in the packet. Public Works. Alderman Brown.

ALDERMAN BROWN: The information is contained in your package.

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

ALDERMAN HUNTER: Mayor Epstein, I move to approve the Report of Officers, monies to be placed in the proper accounts, be placed on file and the bills to be paid in the amount of $1,788,523.80.

MAYOR EPSTEIN: Do I have a second?

ALDERMAN CIACCIO: Second.

MAYOR EPSTEIN: Second by Alderman Ciaccio. Anjanita.

CLERK DUMAS:

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

REPORTS OF OFFICERS APPROVAL OF BILLS - $1,788,523.80

MAYOR EPSTEIN: Thank you. We will move onto New Business. There is no Unfinished Business. Ah, we have three motions that deal with surplus items. Do I have a motion to coordinate items A, B and C?

ALDERMAN HUNTER: Yes, you do. Ah, I move to Suspend the Rules that would interfere with consideration and passage of these Ordinances at this time.

MAYOR EPSTEIN: A second?

ALDERMAN SCHWADE: I second it.

MAYOR EPSTEIN: Alderman Schwade. Roll call.

CLERK DUMAS:

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

MAYOR EPSTEIN: A motion to put these items on the Final Passage and Pass.

ALDERMAN HUNTER: I move these Ordinances be placed on their Final Passage and Pass.

ALDERMAN BROWN: Second.

MAYOR EPSTEIN: Second was Alderman Carl Brown. Anjanita, the roll.

CLERK DUMAS:

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

ORDINANCE DECLARING CERTAIN PROPERTY SURPLUS OF THE CITY OF

KANKAKEE – KANKAKEE POLICE DEPARTMENT - AND AUTHORIZING THE

SALE THEREOF

ORDINANCE DECLARING CERTAIN PROPERTY SURPLUS OF THE CITY OF

KANKAKEE – AND AUTHORIZING THE SALE THEREOF

ORDINANCE DECLARING CERTAIN PROPERTY SURPLUS OF THE CITY OF

KANKAKEE – KANKAKEE FIRE DEPARTMENT - AND AUTHORIZING THE

SALE THEREOF

MAYOR EPSTEIN: The motion passes. May we move onto item D, the Acceptance of the Actuarial Reports of the City of Kankakee Police Department and the Kankakee Fire Department Pension Fund.

ALDERMAN BARON: I would move that we accept the pension fund–Fire and Police Department–actuarial reports.

MAYOR EPSTEIN: Alderman Baron. And, a second?

ALDERMAN HUNTER: I’ll second it, Your Honor.

MAYOR EPSTEIN: Alderman Hunter. So, is there any discussion on the item? Hearing no discussion, call the roll. Anjanita, the roll.

CLERK DUMAS:

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

ACCEPTANCE OF THE ACTUARIAL REPORTS OF THE CITY OF KANKAKEE

POLICE DEPARTMENT AND THE KANKAKEE FIRE DEPARTMENT PENSION

FUND SECOND AMENDMENT TO THE REDEVELOPMENT AGREEMENT

BY AND BETWEEN THE CITY OF KANKAKEE, ILLINOIS, AN ILLINOIS

MUNICIPAL CORPORATION AND EXIT 308 PARTNERS, LLC, AN INDIANA

LIMITED LIABILITY COMPANY

MAYOR EPSTEIN: The motion passes. We will move onto item E. This is a Redevelopment Agreement between the Illinois Municipal Corporation and Exit 308 Partners. My understanding is it is just a clarification of some language in the agreement. Mr. Bohlen, do you need to speak to that?

ATTORNEY BOHLEN: There is some modification in terms of how loans will be made or how loans will be repaid. But, it’s an attempt to increase the flexibility of Exit 308 to market the remaining parcels of land that they have as part of the development. It doesn’t change any of the City’s obligations or any of the requirements to be paid from the TIF fund. It simply modifies and gives them some more flexibility in using that fund to market and to use the funds for redevelopment of the other remaining parcels.

MAYOR EPSTEIN: Do I have a motion to accept?

ALDERMAN SWANSON: So moved.

MAYOR EPSTEIN: Alderman Swanson. A second?

ALDERMAN FAFORD: Second.

MAYOR EPSTEIN: Anjanita.

CLERK DUMAS:

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

REDEVELOPMENT AGREEMENT BETWEEN AN ILLINOIS MUNICIPAL

CORPORATION AND EXIT 308 PARTNERS

MAYOR EPSTEIN: Motion passes. The next item is amending Chapter 2 of the Municipal Code. The electronic procedures. We are going to adopt procedures for the electronic attendance at meetings. You’ve noticed that periodically Aldermen who are not able to be here as Aldermen Williams, tonight, is not, we allow them to participate by phone, but we need to establish procedures to allow us to do that.

ATTORNEY BOHLEN: If you look at the Ordinance if one complies with the State Statue that permits electronic attendance at meetings under three circumstances. Secondly, sets the procedure of rules for that compliance so that if you need to be absent because of illness, business or family emergency, you let the Clerk know by written request so we can accommodate the request and you have the right to attend as long as there is a physical quorum in attendance of that particular meeting. Meaning there has to be eight Aldermen here before we can count somebody as electronically attending the meeting. But, this assures their vote counts. We’ve not previously adopted this. It was an oversight. This will make sure that from here on there is no issue about electronic attendance if need be.

ALDERMAN HUNTER: Mayor Epstein, I move that we Suspend the Rules that would interfere with consideration and passage of this Ordinance at this time.

MAYOR EPSTEIN: Thank you. Do I hear a second?

ALDERMAN BROWN: I’ll second.

MAYOR EPSTEIN: Alderman Carl Brown. Discussion?

ALDERMAN HUNTER: No.

ATTORNEY BOHLEN: No discussion with suspension.

MAYOR EPSTEIN: The roll call please.

CLERK DUMAS:

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

ALDERMAN HUNTER: Mayor Epstein, I move this Ordinance be placed on its Final Passage and Pass.

ALDERMAN BROWN: Second.

MAYOR EPSTEIN: Seconded by Alderman Carl Brown. Discussion? Alderman Schwade.

ALDERMAN SCHWADE: Ah, Mayor Epstein, for Committee Board Commissions, at various times we use the electronic means as.......to fulfill the forum and that’s not a possibility, correct?

ATTORNEY BOHLEN: No, there has to be a.........under the State Law, there has to be a physical quorum in order for there to be........for an electronic attendance to count. As an aside, I’d like to add that I drove to visit Alderman Williams last Friday and swore him in from his hospital bed. So, he’s a legal vote once we pass this Ordinance without question.

MAYOR EPSTEIN: Any other discussion? Hearing none, Anjanita.

CLERK DUMAS:

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

ORDINANCE AMENDING CHAPTER 2 OF THE MUNICIPAL CODE BOOK

DEFINING MEETINGS AND ADOPTING PROCEDURES FOR ELECTRONIC

ATTENDANCE AT MEETINGS

MAYOR EPSTEIN: The motion passes. Moving onto item G. It was distributed. You should have had it at your seats this evening. Ah, Mr. Bohlen will speak to the Ordinance that we are amending.

ATTORNEY BOHLEN: This has been on your agenda a number of meetings. And, we’ve finally made the changes after consultation with other municipalities. What we’re tying to do is establish minimum insurance requirements for those that do business with the City. And, make those across the board so there’s not a contract with an insurance requirement for this and something else in another situation. And, obviously, if it’s a larger contract, if it’s a contract like construction–reconstruction of a building or so forth, we can go ahead and set additional requirements, but this is just a standard requirement if you have a contract with the City to provide goods or services, then you need to provide–assure us that you have liability insurance so that if you have workers on site or have people delivering or providing services on site and something happens, in terms of their negligence, might cause an injury to somebody, then we have insurance by that person to help cover the City’s obligations. So, that’s the purpose of this. It establishes a uniform minimum amount of insurance across the board.

MAYOR EPSTEIN: Alderman Baron.

ALDERMAN BARON: I don’t have any questions, but I would move that we Suspend the Rules that would interfere with the passage on this Ordinance.

MAYOR EPSTEIN: Thank you.

ALDERMAN SWANSON: Second.

MAYOR EPSTEIN: Second by Alderman Swanson. Anjanita.

CLERK DUMAS:

AYE: Brown; Hunter, (Epstein, AYE, Clerk Dumas: I’m so used to saying that.); Browne, R.; Baron; Williams; Ciaccio; Faford; Swanson; Osenga; Linneman; Jones; Schwade; Davidson; Cox (14)

ALDERMAN BARON: I would move we place the Ordinance on its Final Passage and Pass.

ALDERMAN SWANSON: Second.

MAYOR EPSTEIN: Seconded by Alderman Swanson. Any discussion on the.........

ALDERMAN HUNTER: I’ve just got one question, Corporation Counsel. Ah, this won’t have an adverse impact on any small businesses as far as $1,000,000.00 worth of coverage.

ATTORNEY BOHLEN: No........

ALDERMAN HUNTER: Is that pretty cheap?

ATTORNEY BOHLEN: I’m told by the previous person that sat in the chair next to me who knew insurance better than I that that was not a significant issue.

ALDERMAN HUNTER: Okay.

MAYOR EPSTEIN: Any other discussion?

ALDERMAN BROWN: Yes, one other thing.

MAYOR EPSTEIN: Alderman Brown.

ALDERMAN BROWN: Is that what we have all the other vendors to provide, just that $1,000,000.00 insurance?

ATTORNEY BOHLEN: Depending on the size of the contract, in the past.

ALDERMAN BROWN: Okay.

ATTORNEY BOHLEN: If there was–for example–the reconstruction of this building and the reconstruction of the Administration Building, I have reason to believe that the insurance limits were substantially higher than that.

ALDERMAN BROWN: Okay, thank you.

ATTORNEY BOHLEN: But, this is a minimum amount.

ALDERMAN BROWN: Minimum amount.

ATTORNEY BOHLEN: Right.

MAYOR EPSTEIN: Any other discussion? Anjanita.

CLERK DUMAS:

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

ORDINANCE AMENDING CHAPTER 2 OF THE MUNICIPAL CODE OF THE

CITY OF KANKAKEE – MUNICIPAL PURCHASING

MAYOR EPSTEIN: The motion passes. We will move onto Appointments. In your packet, you should have had your Committee assignments for the next year. I spoke with most of you in regards to those assignments. Ah, Alderman Jones, I neglected to, on Ordinance, you will also be on the Ordinance Committee in addition to the others. Is that all right?

ALDERMAN JONES: Yes.

MAYOR EPSTEIN: Are there any questions?

ALDERMAN HUNTER: Move to approve.

MAYOR EPSTEIN: Second?

ALDERMAN BARON: Second.

MAYOR EPSTEIN: Seconded by Alderman Baron. Roll call.

CLERK DUMAS:

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

2009-2010 STANDING COMMITTEE APPOINTMENTS

MAYOR EPSTEIN: Motion passes. The next order of business, as you heard when Mayor Green was in office, we had to accept the resignations of all the Department Heads because they served at the pleasure of that administration. Therefore, we need to reappoint Department Heads to serve under this administration. The Department Heads are listed in your information and I would like a motion to approve those, please.

ALDERMAN HUNTER: Ah, Mayor Epstein, I move that we approve en masse with the exception of Eric Shaw for the Code Official. In other words, all those individuals as appointed by Mayor Epstein shall be approved with the exception of Eric Shaw. Move to approve.

MAYOR EPSTEIN: Do I hear a second?

ALDERMAN SWANSON: Second.

MAYOR EPSTEIN: Roll call.

CLERK DUMAS:

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

DEPARTMENT HEADS

JAMES SPICE – COMPTROLLER

BERT DEAR – SUPERINTENDENT OF PUBLIC WORKS

DENNIS DOYLE – ASSISTANT SUPERINTENDENT OF PUBLIC WORKS

CHRISTOPHER BOHLEN – CORPORATION COUNSEL

L. PATRICK POWER – ASSISTANT CITY ATTORNEY

RONALD YOUNG – FIRE CHIEF

DAVID HARMON - ASSISTANT FIRE CHIEF

EARNEST KING – ASSISTANT FIRE CHIEF

JAMES GORDON – DIRECTOR OF PERSONNEL

MICHAEL KINKADE – CHIEF OF POLICE

LARRY REGNIER – ASSISTANT POLICE CHIEF

MAYOR EPSTEIN: Motion passes. I would like a motion to approve Mr. Shaw as the head of Code. May I have a motion for that, please?

ALDERMAN BARON: I so move.

ALDERMAN SCHWADE: I second it.

MAYOR EPSTEIN: Alderman Baron. Alderman Schwade second. Thank you. Pass the roll, please.

CLERK DUMAS:

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

NAY: Hunter; Jones (2)

DEPARTMENT HEAD

ERCOLE SHAW – CODE OFFICIAL

MAYOR EPSTEIN: Motion passes. The next items on the agenda are Motions and Resolutions.

ALDERMAN HUNTER: Mayor Epstein, I move that we approve items 13A, B and C.

ALDERMAN SCHWADE: I second it.

MAYOR EPSTEIN: Alderman Schwade seconds that motion. I would like a voice vote on passing Motions and Resolutions A, B, and C. All those in favor, AYE. Opposed?

PROCLAMATION RECOGNIZING MAY 3, 2009 THROUGH MAY 9, 2009 AS

MUNICIPAL CLERKS WEEK

PROCLAMATION RECOGNIZING THE MONTH OF MAY 2009 AS MENTAL

HEALTH MONTH

PROCLAMATION RECOGNIZING THE MONTH OF MAY 2009 AS

FOSTER CARE MONTH

MAYOR EPSTEIN: Motions and Resolutions pass. We are now to the part of the agenda, Alderman’s Comments or Questions. Are there any Aldermen who would like to comment or have a question? On the agenda, there is a need for an Executive Session tonight. It will be very brief. I would like to invite all of you that are in attendance, the families and friends of........my family and the friends and family of all the Aldermen and the other elected officials. There is a reception downstairs if you all can make your way down to the lower level in the area of the building that is the Fire Department, I’m sure they will be happy to escort you down there and we will all be down there very shortly. Thank you.

ALDERMAN HUNTER: Mayor Epstein.

MAYOR EPSTEIN: Yes.

ALDERMAN HUNTER: Mayor Epstein, I move that we go into Executive Session to discuss, personnel, litigation and executive minutes.

MAYOR EPSTEIN: Do I have a second?

ALDERMAN BROWN: Second.

MAYOR EPSTEIN: May I have the roll, please?

CLERK DUMAS:

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

MOTION TO GO INTO EXECUTIVE SESSION

PERSONNEL

PENDING LITIGATION

REVIEW OF EXECUTIVE SESSION MINUTES

7:50 P.M.

8:00 P.M.

MAYOR EPSTEIN: Do I have a motion to adjourn?

ALDERMAN BROWNE: Make a motion to adjourn.

MAYOR EPSTEIN: A motion to adjourn.

ALDERMAN DAVIDSON: I second the motion.

MAYOR EPSTEIN: Seconded by Alderman Davidson. May I have.......

ALDERMAN HUNTER: No. All in favor.

MAYOR EPSTEIN: All in favor, AYE. Opposed, same sign.

MOTION TO ADJOURN CITY COUNCIL MEETING

MAYOR EPSTEIN: We’re adjourned.

8:00 P.M.