VILLAGE OF FRANIZFORT. Released Executive Session Minutes

Transcription

1 VILLAGE OF FRANIZFORT Released Redacted Version Posted on Website Released

2 VILLAGE OF FRANKFORT C::ST!855 March 3, 2015 Mayor Jim Holland called the Executive Session of the regular meeting of the Village of Frankfort Board of Trustees to order on Tuesday, March 3, at 7:29 P.M. No board action was taken between the adjournment to Executive Session and the beginning of the Executive Session. In attendance were Mayor Jim Holland, Clerk Keith Ogle, Trustees Cindy Heath, Bob Kennedy, Todd Morgan, Mike Stevens, and Doug Walker; Village Attorney Sean Brady, Police Chief John Burica, and Administrator Jerry Ducay. Mayor Holland announced the purpose of the Executive Session was to discuss personnel, specifically the Village of Frankfort Police Sergeants' Collective Bargaining Agreement. POLICE SERGEANTS' CONTRACT DISCUSSION Chief Burica provided Mayor Holland and the Trustees with a summary of the pertinent changes contained in the Police Sergeants' Collective Bargaining Agreement that was negotiated with representatives of the International Union of Operating Engineers Local 150. Mr. Burica stated the language of the new Sergeants' Agreement closely reflected that of the Patrol Officers' Agreement ratified in He reviewed sections of the contract with the Village Board that addressed work shift hours, sick time, overtime, medical insurance, pay scale management; and vacation time accrual. Chief Burica noted the Police Sergeants have ratified the Agreement and it is ready for Village Board action. Mayor Holland and the Trustees voiced their support for the contract and commended Chief Burica for crafting a fair and reasonable agreement. They requested staff place the document on the upcoming March 16th board meeting agenda in order to vote on it. Hearing no further discussion, the Board adjourned the Executive Session at 7:48 P.M. and returned to the regular Village of Frankfort board meeting of March 3,

3 VILLAGE OF FRANK.FORT April 13, 2015 Mayor Jim Holland called the Executive Session of the regular meeting of the Village of Frankfort Board of Trustees to order on Monday, April 13, at 7:27 P.M. No board action was taken between the adjournment to Executive Session and the beginning of the Executive Session. In attendance were Mayor Jim Holland, Trustees Cindy Heath, Bob Kennedy, Todd Morgan, Mike Stevens, Dick Trevarthan, Doug Walker, and Village Clerk Keith Ogle; Administrator Jerry Ducay, Asst. Administrator Rob Piscia, Chief John Burica, and Village Attorney George Mahoney. Mayor Holland announced that the purpose of the Executive Session was to discuss personnel, specifically employee salary compensation for the new fiscal year 2015/2016. PERSONNEL: SALARY COMPENSATION DISCUSSION Mayor Holland opened the discussion of employee salary compensation. He noted in last year's salary treatment discussion, some employees on the lower end of the salary scale were given salary adjustments in addition to the standard raise in order to create parity in the salary classification. The Mayor invited the Trustees to hold a similar discussion this year. The Village Board discussed an overall raise of three percent (3%) for employees and a $25,000 merit pool for job performance excellence. Mayor Holland suggested Mr. Ducay and Mr. Piscia provide the Board with input on the job performance of the employees so they could be compensated appropriately. Mayor Holland stated at the next meeting the Board will be prepared to finalize the employee salary increases and discuss salary treatment for Rob Piscia, and John Burica. The Board adjourned the Executive Session at 8:00 P.M. and returned to the regular Village of Frankfort board meeting of Monday, April 13,

4 VILLAGE OF FRANIZFORT EST l855 April 27, 2015 Mayor Jim Holland called the Executive Session of the regular meeting of the Village of Frankfort Board of Trustees to order on Monday, April 27, at 8:10 P.M. No board action was taken between the adjournment to Executive Session and the beginning of the Executive Session. In attendance were Mayor Jim Holland, Clerk Keith Ogle, Trustees Cindy Heath, Bob Kennedy, Todd Morgan, Mike Stevens, Dick Trevarthan, and Doug Walker; Village Attorney George Mahoney, Police Chief John Burica, Administrator Jerry Ducay, and Asst. Administrator Rob Piscia. Mayor Holland announced the purpose of the Executive Session was to continue the personnel discussion of April 13 regarding salary treatment for village employees and for Asst. Administrator Piscia and Police Chief John Burica. PERSONNEL: SALARY COMPENSATION DISCUSSION Salary Raises Mayor Holland and the Trustees reviewed the salary ranking spreadsheet provided by Rob Piscia for overall pay treatment for employees. The spreadsheet reflected pay increases based upon a three percent (3%) raise for employees and a $31,500 merit pool for high performers and those employees in the lower tier of wage progression. Employees cited for merit raises included Tony Minette, Dan Brogan, and Cheryl Scott. Asst. Administrator Rob Piscia and Police Chief John Burica were recognized for their job performance with salary increases of five percent (5%). The Board adjourned the Executive Session at 8:47 P.M. and returned to the regular Village of Frankfort board meeting of Monday, April 27,

5 VILLAGE OF FRANKFORT EST l855 July 6, 2015 Mayor Jim Holland called the Executive Session of the regular meeting of the Village of Frankfort Board of Trustees to order on Monday, July 6, 2015 at 7:58 P.M. No board action was taken between the adjournment to Executive Session and the beginning of the Executive Session. In attendance were Mayor Jim Holland, Trustees Cindy Heath, Bob Kennedy, Todd Morgan, Mike Stevens, Dick Trevarthan, Doug Walker, and Village Clerk Keith Ogle; Administrator Jerry Ducay, Asst. Administrator Rob Piscia, Chief John Burica, and Village Attorney George Mahoney. Mayor Holland announced that the purpose of the Executive Session was to discuss litigation and personnel. LITIGATION DISCUSSION

6 Executive Session July 6, 2015 Page 2 PERSONNEL Assistant Administrator Piscia briefed the Mayor and the Village Board on the status of the upcoming health insurance renewal. He advised that our broker, Assurance Agency, did a good job negotiating premium rates for the August 1st renewal. Unfortunately, there was still a 10.1 % increase in health insurance premium costs with 4% of that increase due to the Affordable Care Act. Following the presentation, the Mayor and Board members discussed the current employee contribution rates and their impacts. Following the discussion, it was determined that the employee contribution rate would increase to 8.5% of premium. This change resulted in a 20% increase in contributions by the employees towards the premium. There was no change to the deductible contributions. Mayor Holland also requested staff to research the viability of providing incentives to employees to go onto a spouse's insurance coverage and be removed from the Village's policy. This item will be discussed at a later time. The Board adjourned the Executive Session at 8:38 P.M. and returned to the regular Village of Frankfort board meeting of Monday, July 6, 2015.

7 VILLAGE OF FRANK.FORT EST l855 September 8, 2015 Mayor Jim Holland called the Executive Session of the regular meeting of the Village of Frankfort Board of Trustees to order on Tuesday, September 8, 2015 at 7:50 P.M. No board action was taken between the adjournment to Executive Session and the beginning of the Executive Session. In attendance were Mayor Jim Holland, Trustees Cindy Heath, Bob Kennedy, Mike Stevens, Dick Trevarthan, and Doug Walker; Administrator Jerry Ducay, Asst. Administrator Rob Piscia, Chief John Burica, and Village Attorney Sean Brady. Mayor Holland announced that the purpose of the Executive Session was to discuss personnel. PERSONNEL: TRUSTEE INTERVIEWS Three candidates applying for appointment to the trustee position vacated by former trustee Todd Morgan were interviewed by Mayor Holland and the Trustees. The three individuals selected for the interview process from a group of eight applicants were Courtney Stillman, Adam Borrelli, and Village Clerk Keith Ogle. Each of the candidates fielded the same questions posed by the Trustees, expressing their views on several recent land use issues, village zoning standards, police/community relations, and the upcoming waste water treatment plant consolidation project. At the conclusion of the interview sessions, the Trustees shared their comments about the prospective candidates for the trustee position. Mayor Holland thanked the Trustees for their remarks and stated he would take them under advisement when making his selection. The new trustee will be sworn in at the September 21st board meeting. PERSONNEL: POTENTIAL DISCIPLINARY MATTER Asst. Administrator Piscia apprised the Mayor and Trustees that Development Services Director Jeff Cook may be disciplined over the improper use of sick time for an extended leave of absence. Mr. Cook is on leave to care for his newborn son. Mr. Piscia stated the infraction is of concern and felt the Board needed to be made aware of it. The Board adjourned the Executive Session at 9:04 P.M. and returned to the regular Village of Frankfort board meeting of Tuesday, September 8, 2015.

8 VILLAGE OF FRANKFORT EST l855 October 5, 2015 Mayor Jim Holland called the Executive Session of the regular meeting of the Village of Frankfort Board of Trustees to order on Monday, October 5, 2015 at 8:42 P.M. No board action was taken between the adjournment to Executive Session and the beginning of the Executive Session. In attendance were Mayor Jim Holland, Trustees Cindy Heath, Bob Kennedy, Keith Ogle Mike Stevens, Dick Trevarthan, and Doug Walker; Administrator Jerry Ducay, Asst. Administrator Rob Piscia, Chief John Burica, Village Attorney George Mahoney, and Deputy Clerk Debbie Cox. Mayor Holland announced that the purpose of the Executive Session was to discuss litigation and personnel. LITIGATION DISCUSSION Mayor Holland and staff briefed the Village Board on the status of several lawsuits against the Village of Frankfort. The first case involved an incident that took place in September A privately hired maintenance worker was electrocuted while clearing out vegetation from a residence located at 326 Sherlock Street. The case alleges negligence on the part of the Village for not clearing the brush from a public utility easement where the accident occurred. The case is under investigation by Attorney Mahoney' s office. Asst. Administrator Piscia stated the Phil Miller case, a state court case that ruled in the plaintiffs favor, has been settled and is in the hands of the insurance company. Mr. Piscia also reported the Jay Sanders case has been postponed to February PERSONNEL -HIRING PLAN FOR FINANCIAL DIRECTOR With Assistant Finance Director Cheryl Scott's impending departure, Mayor Holland and the Board asked administration staff to examine options for her replacement, and more broadly, to come up with a hiring plan for a professionally certified finance director. The Village Board thanked Assistant Administrator Rob Piscia for assuming the responsibilities of the financial director's job with Sandy Babka's retirement in May They recognized it was a temporary assignment until a person with expertise in finance or accounting could be recruited and hired. Grooming Cheryl Scott for such a position had been part of the strategy.

9 Executive Session October 5, 2015 Page2 Entire Page Released The Board discussed some short-term measures to fill the financial department vacancy, such as tapping into Sandy's expertise on a part-time basis and cross-training other employees to perform clerical functions associated with the job. Mayor Holland and the Board were in agreement the long term strategy is to hire a certified public account or other professionally qualified finance director. They requested staff to prepare an updated job description for the position and to place a notice of the job vacancy in select governmental publications at the earliest opportunity. The Board adjourned the Executive Session at 9:25 P.M. and returned to the regular Village of Frankfort board meeting of Monday, October 5, 2015.

10 VILLAGE OF FRANIZFORT EST l855 October 19, 2015 Mayor Jim Holland called the Executive Session of the regular meeting of the Village of Frankfort Board of Trustees to order on Monday, October 19, 2015 at 7:50 P.M. No board action was taken between the adjournment to Executive Session and the beginning of the Executive Session. In attendance were Mayor Jim Holland, Trustees Cindy Heath, Bob Kennedy, Keith Ogle, Mike Stevens, Dick Trevarthan, and Doug Walker; Administrator Jerry Ducay, Chief John Burica, Village Attorney Sean Brady, and Deputy Clerk Debbie Cox. Mayor Holland announced the purpose of the Executive Session was to discuss personnel. PERSONNEL - INTERVIEW FOR VILLAGE CLERK VACANCY Mayor Holland and the Trustees interviewed applicant and resident Adam Borrelli for the Village Clerk position, which had been left vacant when Keith Ogle was appointed to fill a trustee opening on the Board. Mr. Borrelli stated he was impressed with Frankfort and the leadership shown by its elected officials, and he would consider it an honor to serve the community as village clerk. The Trustees voiced their support for Mr. Borrelli and his appointment to fill the clerk vacancy. Mayor Holland requested staff to add the appointment of a new village clerk to the upcoming November 2, 2015 agenda for board action. The Board adjourned the Executive Session at 8: 10 P.M. and returned to the regular Village of Frankfort board meeting of Monday, October 19, 2015.

11 VILLAGE OF FRANIZFORT EST l855 November 9 and 10, 2015 Mayor Jim Holland called the Executive Session of the Committee of the Whole meeting to order on Monday, November 9, 2015 at 4:00 P.M. In attendance were Mayor Jim Holland, Trustees Cindy Heath, Bob Kennedy, Keith Ogle, Mike Stevens, Dick Trevarthan, and Doug Walker; Clerk Adam Borrelli, Administrator Jerry Ducay, Finance Director/ Assistant Administrator Rob Piscia. Mayor Holland announced the purpose of the Executive Session was to discuss personnel. PERSONNEL - INTERVIEWS FOR FINANCE DIRECTOR Mayor Holland and the Trustees interviewed five candidates for the Finance Director position at the Village of Frankfort in two evening sessions held on November 9 and 10. The candidates interviewed were Jenni Booth, Elizabeth Shields, Janice Colvin, John Harrington, and Mark Pries. The interview sessions consisted of the Village Board, Administrator Ducay, and Finance Director Piscia asking each candidate a series of ten questions pertaining to their qualifications and experience in the field of municipal finance, budget preparation, and accounting. The Mayor and Trustees discussed each candidate's qualifications and performance after each interview session ended. Mayor Holland stated he would take the comments of the Village Board under advisement and appoint a new Finance Director in the near future. The Board adjourned the first segment of the Executive Session at 5:50 P.M. on November 9. Segment two of the personnel interviews began at 4:00 PM on November 10 and adjourned at 5:40 PM that evening.

12 Village of Frankfort Board Meeting April 7, 2014 Mayor Jim Holland called the Executive Session of the regular meeting of the Village of Frankfort Board of Trustees to order on Monday, April 7, at 7:55 P.M. No board action was taken between the adjournment to Executive Session and the beginning of the Executive Session. In attendance were Mayor Jim Holland, Trustees Cindy Heath, Bob Kennedy, Todd Morgan, Mike Stevens, Dick Trevarthan, Doug Walker, and Village Clerk Keith Ogle; Administrator Jerry Ducay, Asst. Administrator Rob Piscia, Chief John Burica, and Village Attorney Marji Swanson. Mayor Holland announced that the purpose of the Executive Session was to discuss litigation, land acquisition, and personnel. LITIGATION DISCUSSION Assistant Administrator Rob Piscia briefed the Village Board on several lawsuits pending against the Village of Frankfort, stating attorney John Timbo recommended out-of-court settlements for each of the cases. The first case involved a police liability case in which a woman got into an altercation with Frankfort police officers, was arrested, and subsequently sued the Frankfort Police for use of unnecessary force. Mr. Timbo was confident a settlement of less than $7,000 was attainable. The Eunice Williams case involved a slip and fall incident, for which she claimed negligence on the part of the Village for a raised sidewalk. Attorney Timbo indicated this lawsuit could be settled reasonably for $9,000. The third lawsuit involved a Mokena firefighter who filed a lawsuit claiming false arrest, unconstitutionality of the Village's intoxication ordinance, and firing from his job at the Mokena Fire Department due to the incident. Attorney Timbo thought the case could be settled for under $50,000. Mayor Holland brought up another incident in which a Frankfort police officer was hit by a woman driving her vehicle through a stop sign. The woman admitted guilt but had no insurance. Damages to the police vehicle totaled $7,000 and did not include injuries suffered by the police officer. The Mayor felt the Village should pursue the collection of monetary damages from the woman. 1

13 Executive Session April 7, 2014 Page 2 Entire Page Released The Village Board supported Mayor Holland's stance and directed Mr. Piscia to refer the claim for payment of damages and worker's compensation to SW ARM's third party administrator for resolution. PROPERTY ACQUISITION DISCUSSION Administrator Jerry Ducay stated he had conversed with the owner of the property located at 99 White Street, who was interested in selling the parcel to the Village. Mr. Ducay said the property was a vacant lot, located at the comer of Bowen and White Streets. It had been appraised at $135,000; the owner's selling price was $124,000. Mr. Ducay sought direction from the Village Board as to their interest in purchasing the property. He also noted the parcel was encumbered by a neighbor's water line traversing the property. The Mayor and Trustees were in agreement that for the parcel to be of re-development value to the Village, adjacent parcels not up for sale would need to be purchased. They directed Mr. Ducay to tell the property owner the Village Board showed little interest in acquiring the property at this time, because they were focusing their efforts on properties closer to the downtown. PERSONNEL: SALARY TREATMENT DISCUSSION Mayor Holland stated the discussion of employee salary treatment would focus on three aspects: Overall salary increases, modified by an employee's performance ratings; Pay increases for employees in the lower-tiered salary range; and Salary treatment for the Administrator, Assistant Administrator, Police Chief, and Utilities Director The Village Board decided upon an overall raise of three percent (3%) for employees. To increase the salaries of employees in the lower-tiered salary ranges, the Mayor and Trustees discussed establishment of an "extra salary adjustment" pool. Pay raises dispensed from this fund would be used to bring employee salaries up to pay grade. Employees cited for additional salary rate increases included Dan Brogan, Adam Nielsen, Dan Lee, and Cheryl Scott. At 8:57 P.M., Mayor Holland asked Administrator Ducay, Assistant Administrator Piscia, and Police Chief John Burica to leave the council chamber while the Board discussed their salary treatment. A summary of the salary discussion included the following points:

14 Executive Session April 7, 2014 Page 3 Entire Page Released The Board considered a modest pay raise for Darrin Yount, Director of Utilities. Rob Piscia's salary was not discussed, as it had been determined previously, when he was named to the position of Finance Director upon Sandy Babka's retirement. The Board expressed its pleasure with his performance thus far in learning the job and the budgetary process. The Board recognized Jerry Ducay's strong skill set for the administrator's job and his competent management of the Village Administration Building expansion project. They gave him high marks for being attuned to the Board's wishes and desires. The Mayor and Trustees agreed to award a pay increase to Jerry for his accomplishments in the past year. Mayor Holland and the Trustees rewarded Police Chief John Burica with a raise for his performance with an under-staffed work force and for assuming the duties of the 911 coordinator. The three administrators returned to the board room at 9:21 P.M. Mayor Holland stated he would meet with each of them to review their salary treatment. The Board adjourned the Executive Session at 9:22 P.M. and returned to the regular Village of Frankfort board meeting of Monday, April 7, 2014.

15 March 4, 2015 Village of Frankfort Board Meeting April 28, 2014 Mayor Jim Holland called the Executive Session of the regular meeting of the Village of Frankfort Board of Trustees to order on Monday, April 28, at 7:45 P.M. No board action was taken between the adjournment to Executive Session and the beginning of the Executive Session. In attendance were Mayor Jim Holland, Clerk Keith Ogle, Trustees Cindy Heath, Bob Kennedy, Todd Morgan, Mike Stevens, Dick Trevarthan, and Doug Walker; Village Attorney George Mahoney, Police Chief John Burica, Administrator Jerry Ducay, and Asst. Administrator Rob Pi sci a. Mayor Holland announced that the purpose of the Executive Session was to discuss property acquisition, litigation, and personnel. PROPERTY ACQUISITION Administrator Ducay provided an update to Mayor Holland and the Trustees on his meeting with Fred Mrozek, owner of the Fra-Milco property. Mr. Ducay stated the property was appraised at $225,000, and Mr. Mrozek would accept an offer of $300,000 for the land and building. Mr. Ducay noted that developer Richard Wright also was interested in purchasing the property and renovating it for retail purposes. Administrator Ducay remarked that he would not pursue the acquisition of the property if Mr. Wright entered into negotiations with Mr. Mrozek to obtain it. The Trustees expressed their desire to see retail development on the site and to pursue acquiring the property at fair market value if Mr. Wright's plan to purchase the property fell through. For its consideration, Administrator Ducay presented another parcel for acquisition to the Village Board. Resident Bill Mech had approached Mr. Ducay with an opportunity for the Village to purchase his property located at 11 N. White Street, located next to the Prairie Park. Mayor Holland stated he had spoken with Mr. Mech in the past regarding the parcel and had requested that Mr. Mech contact village officials first ifhe was thinking of selling the property. LITIGATION DISCUSSION Mayor Holland briefed the Trustees on a news story that Farmers Insurance Co. proposed to file a class action suit against Cook County and the surrounding collar counties/municipalities, claiming they did not construct adequate storm water storage facilities in their communities. Attorney Mahoney said details of the suit were sketchy at this time. 1

16 Executive Session April 28, 2014 Page2 Entire Page Released Asst. Administrator Piscia provided an update on several lawsuits against the Village of Frankfort, for which out-of-court legal settlements were reached or were close to resolution. The Christine Hagemaster lawsuit, involving a sidewalk fall on Flagstone Turn, was settled for $190,000. A police liability case, in which a woman claimed the use of excessive force by Frankfort police officers and others, ended in a $4,000 settlement. The Eunice Williams case, involving a slip and fall incident, was settled for $7,000. The Haskett case, entailing a lawsuit claiming false arrest and the unconstitutionality of the Village's intoxication ordinance, could be settled for under $50,000 according to attorney John Timbo. The Booker Terry child abuse case, claiming false arrest and wrongful prosecution against Will County and Frankfort officers, was dismissed. PERSONNEL DISCUSSION Salary Raises Mayor Holland and the Trustees reviewed Administrator Ducay's new two-year contract and pay raises for Asst. Administrator Rob Piscia and Police Chief John Burica. They also reviewed the salary spreadsheet for those employees in wage progression. The Mayor and Trustees agreed to 4% pay raises for Rob Piscia and John Burica. Police Department Manpower Mayor Holland and the Trustees discussed the replacement of former police officer Don Walsh. Currently there are 28 police officers on the force. It was the consensus of the Board to defer hiring additional personnel for the police department at this time. The Trustees requested that Chief Burica keep them informed if the personnel requirements of his department change. The Board adjourned the Executive Session at 8:50 P.M. and returned to the regular Village of Frankfort board meeting of Monday, April 28, 2014.

17 December 3, 2012 Village President Jim Holland called the Executive Session of the regular meeting of the Village of Frankfort Board of Trustees to order on Monday, December 3, at 7: 51 P.M. No board action was taken between the adjournment to Executive Session and the beginning of the Executive Session. In attendance were Mayor Jim Holland, Village Clerk Bob Kennedy, Trustees Cindy Heath, Todd Morgan, Mike Stevens, Dick Trevarthan, and Doug Walker; Village Attorney George Mahoney, Administrator Jerry Ducay, Asst. Administrator Rob Piscia, and Police Chief John Burica. Mayor Holland announced that the purpose of the Executive Session was to discuss litigation and property acquisition. Attorney Jim Sotos, of the law firm James Sotos and Associates, was present to discuss several civil and federal lawsuits involving the Frankfort Police Department. PENDING LITIGATION CASES Attorney George Mahoney introduced Mr. Sotos to the Village Board, stating in his 25 years of legal practice he has handled litigation cases with distinction on behalf of municipalities and police officers in the State of Illinois and the Chicago area. Attorney Jim Sotos discussed several current lawsuits pending against the Village of Frankfort. He apprised the Village Board of a recent judgment rendered in a federal suit filed by Plaintiff Jeremy O'Brien, who sought compensation and payment of attorney fees from the Village for alleged use of excessive force by Frankfort police in a burglary case. The jury found Sergeant Potter guilty of the use of excessive force with a T ASER, but no compensatory or punitive damages were awarded. The other four officers were found not guilty. Mr. Sotos noted attorney fees in a sizeable amount would have been paid by the Village of Frankfort if there had been an award. Mr. Sotos noted a litigation case for false arrest and malicious prosecution was filed in federal court by Plaintiff Patrick Cunningham against the Frankfort Police Department's Officer Miller, who had stopped the Plaintiff for traffic violations, suspended driver's license, and possession of a loaded weapon. Mr. Sotos stated the Plaintiff had been found not guilty in the criminal case last December. Mr. Cunningham then filed a federal suit for false arrest. In the federal case filed by the Plaintiff, Attorney Sotos noted the Village's insurance company seeks to reach a settlement because of issues raised in the criminal trial. Attorney Sotos advised the SW ARM Board to agree to a settlement in the range of $25,000. A third lawsuit involving a Will/Grundy Major Crimes Task Force call-out handled Frankfort Detective Johnson was explained by Attorney Sotos. Plaintiff Booker Terry was in jail for two years awaiting trial for allegedly causing severe trauma to a young girl in foster care. Charges 1

18 Executive Session December 3, 2012 Page 2 Entire Page Released were dropped due to changed testimony by witnesses. Plaintiff Terry later filed a federal lawsuit against the law enforcement personnel, claiming false arrest and prosecution. Attorney Sotos advised the Village Board to defend this case aggressively, as Detective Johnson did nothing wrong and there was strong evidence Terry abused the young girl. The final case presented by Attorney Sotos involved Plaintiff Haskett and Frankfort Officer Sanders, who responded to a hit and run call at a residence about 2:00 A.M. where a party was in the process of breaking up for the night. Officer Sanders arrested the Plaintiff under the Village's Public Intoxication Ordinance. The Plaintiff filed a federal lawsuit claiming false arrest and the unconstitutionality of the Village's intoxication ordinance after he was found not guilty in the criminal trial. Haskett also claimed he was fired from the Mokena Fire Department due to the incident. Attorney Sotos stated this type of case was a good one to resolve via a settlement. Trustees Walker asked if the Village's ordinance on public intoxication should be examined in light of this case. Attorney Sotos stated it was a strong ordinance, and Attorney Mahoney added the constitutionality of the ordinance has been upheld in Will County court. Attorney George Mahoney and Asst. Administrator Rob Piscia summarized the remaining litigation cases that were pending against the Village. They briefed the Village Board on the settlement agreement reached in the Theresa Swanson case, in which she allegedly fell on a raised edge of sidewalk and suffered multiple injuries to her face, teeth and knee. The case was settled for $97,000. As a result of this case, Asst. Administrator Piscia stated the Village is more aggressive in executing its sidewalk maintenance program. The Eunice Williams case also involved a slip and fall incident, for which she claimed negligence on the part of the Village for a raised sidewalk. This lawsuit is in the discovery phase of the process. Attorney Mahoney recounted the details of David Narish's fall off his bicycle after allegedly hitting a bump on the Old Plank Road Trail. He suffered a fractured pelvis and subsequently filed a civil suit of negligence against five entities, including the Village of Frankfort. Attorney Mahoney noted the Village has overall immunity in accident cases involving recreation trails that it does not have with falls on sidewalks. He noted this case puts the Village in a better position than the previous sidewalk lawsuits. Sketchy details of a prospective lawsuit were related by Attorney Mahoney. He stated resident Christine Hagemaster allegedly fell when a sidewalk heaved in on Flagstone Turn. Attorney Mahoney noted that he received a letter from an attorney who had been retained by the resident. Mr. Mahoney further noted this case will hinge on how long the sidewalk had been an issue, and whether or not the Village had been aware of it. Trustee Stevens inquired how the Village would handle a settlement of the Cunningham case as advised by Attorney Sotos. Asst. Administrator Piscia explained the SWARM Board must

19 Executive Session Entire Page Released December 3, 2012 Page 3 authorize any settlement payout. If such a payout were approved, the Travelers insurance company retained by SW ARM would get involved. Trustee Heath commented that she appreciated being made aware of the lawsuits against the Village. Attorney Mahoney offered to provide the Village Board with semi-annual updates on pending litigation. PROPERTY ACQUISITION Administrator Jerry Ducay provided the Village Board with the latest update relating to the Signature Bank property located adjacent to the Village Administration Building, at the comer of Route 45 and Nebraska Street. He stated Mayor Holland and he recently met with Signature Bank President Michael O'Rourke to discuss the latest asking price for the vacant parcel. On behalf of the Village Board, Administrator Ducay made an offer to Mr. O'Rourke of $450, for the property, which Mr. O'Rourke rejected. Mr. Ducay commented that Mr. O'Rourke has taken a hard line approach in the negotiations, noting the Bank would consider no offer less than $500,000 despite the parcel's falling property value. Mayor Holland predicted the Bank's asking price would come down, and when it did, he suggested the Village Board draw back on its $300,000 offer. Attorney Mahoney proposed that an independent appraisal be conducted on the site. Village Clerk Bob Kennedy noted that the bank is required to work with the appraisal prices for distressed properties and to "write down" loans to reflect the appraised value of the property. He further noted Signature Bank will eventually write down the loan on this property to agree with the most recent appraised value of the property, which is $250, $300,000. The Mayor and Trustees remained firm in their commitment to accept a realistic offer from Signature Bank for the vacant property. The Board adjourned the Executive Session at 9:27 P.M. and returned to the regular Village of Frankfort board meeting of Monday, December 3, 2012.