Work Session

Perry Township Board of Trustees

Work Session

January 10, 2012 7:00pm

The Board previously reserved the right to take action at this meeting

Call to Order/Pledge of Allegiance:

Excused absence:  None.

Additions/Deletions to Agenda: None.

Public Hearings/Invited Guests: None.


Step II Grievance Received on January 6, 2012 from Perry Local 3960- Adam Reiger

Trustee Chessler stated that the step II grievance was filed at the Township Administration Office on January 6, 2012 from the Perry Local 3960.  The grievance is involving an interpretation of a certain provision of the collective bargaining agreement.  It has been through the steps that have been prescribed and required.  Trustee Chessler asked Mr. Hall to provide additional background information and outline the matter before the Board.  Mr. Hall stated that he indicated that this is an interpretation on what the difference between a day, a shift day and a calendar day is.  There was a misunderstanding that the Board will have to resolve with the union.  The grievance was denied by the Fire Chief and the union has brought it to the Board for their determination.  The grievance was filed with the Board on January 6, 2012.  Under the collective bargaining unit the Board must hold a hearing and render a decision within thirty (30) days.  Mr. Hall asked the Board to schedule this hearing for the January 17, 2012 Regular Meeting and he is going to ask the union to allow a time extension until the February 7, 2012 Regular Meeting.

Trustee Chessler stated that for purposes of complying with the requirements in the collective bargaining agreement the grievance hearing is scheduled for Tuesday, January 17, 2012 at 7:00pm at the Perry Township Administrative Offices and in the interim Mr. Hall will there after advise the Board of whether or not a time waiver is secured so that the hearing can be moved to another day.  Trustee Chessler noted that Chief Martin is out of town at a training class and inquired if Mr. Hall would have his position on the filed grievance.  Mr. Hall stated that he spoke with Chief Martin by phone and he indicated that he is confident that the Board can process the grievance if necessary without his presence.  

Public Speaks on items up for Board Approval: None.

Township Business requiring Board Action:

Unfinished Business:

Drainage Concern at 4735 4th St. NW

Trustee Chessler stated that the drainage concern at 4735 4th Street NW was previously discussed and tabled for further review.  The Board received a memorandum explaining that this involves a driveway apron on 4th Street more toward Woodlawn on the north side.  Pictures and narrative information have been provided to the Board.  Mr. Masalko stated that the Road Department would be able to put a catch basin on the west side of the apron and direct it across the street to the catch basis.  Mr. Masalko recommended that the home owner put in a ten (10) inch galvanized pipe for the yard drain across the apron at his own expense.  The pipe will connect into the catch basin.  The Road Department can complete the work for a total cost of roughly $243.40.  The catch basin and the pipe across the road will be a total road expense which should solve the problem.  

Trustee Chessler inquired about the duration of the project and the depth and width of the trench.  Mr. Masalko stated that the trench will be approximately eighteen (18) inches wide and the depth would be anywhere from eighteen (18) inches to twenty-four (24) inches.  There will be an open cut in the road therefore 4th Street would have to be closed for a day.  Mr. Chris Kerry was in attendance at the meeting and heard the recommendation from Mr. Masalko, Road Superintendent.  Mr. Masalko stated that he will write up an estimate and send it to the home owner.  The work being done on the apron is within the road right-of-way.  Trustee Chessler stated that Mr. Hall should provide a standard “right of entry” that the Township gets for allowing the materials and work to be done.  Mr. Masalko agreed.  

Trustee Chessler stated that there does not need to be a formal resolution but the Board is authorizing the Road Superintendent, consistent with the discussion, to proceed with the installation of the catch basin and other matters related to that.

New Business:

Trustee Chessler made a motion to approve bills in the amount of $221,688.55 for the week ending January 10, 2012; Seconded by Trustee Laubacher.

ROLL CALL: Mr. Chessler, yes.  Mr. Laubacher, yes.  

Fiscal Officer:  

Trustee Chessler made a motion to approve the minutes from the December 29, 2011 Special Meeting and January 3, 2012 Re-Organizational Meeting; Seconded by Trustee Laubacher.

ROLL CALL: Mr. Chessler, yes.  Mr. Laubacher, yes.  

Administration:  None.

Fire Department: None.

Police Department: None.

Road Department: None.

Law Director:

Consider Paramedic Contract Extension

Trustee Chessler stated that in 2011 the Board met with representatives from the paramedics union.  The Board and the union were charged with the task of revisiting two issues; wages and insurance coverage.  The Board and union met on two (2) occasions and there were several phones calls and further discussions.  Trustee Chessler stated that he believes that an agreement has been reached on those terms for the balance of this year.  Mr. Hall stated that was correct.  There has been an agreement to adjust the wages by two (2) percent for 2012 and the employees will continue to pay eight (8) percent of their monthly insurance premiums.  This contract will go through December 31, 2012 which means that the Board and union will be back at the bargaining table in October 2012.  Mr. Hall recommended that the Board approve this agreement.

Trustee Chessler made a motion that the Board approve for the year January 1, 2012 through December 31, 2012 the contract modifications dealing with wages and insurance as outlined with a two (2) percent wage increase and the continuation of the employee contribution rate of eight (8) percent as it has been defined in the documents; Seconded by Trustee Laubacher.

ROLL CALL: Mr. Chessler, yes.  Mr. Laubacher, yes.  

Consider POW Resolution

Trustee Chessler stated that with the diligent efforts of Trustee Laubacher, Mr. Masalko and Mr. Hall with the assistance of the Assistant Attorney General involved in the process, an agreement has been reached regarding the Perry Organized Workers (POW) to resolve all pending non-resolved issues with the contract that the Board had imposed in April.  Those issues are settled and the settlement agreement is several pages.  Trustee Chessler asked Mr. Hall to outline the resolution.  Mr. Hall stated that the union had rejected the fact finders recommendation and then the Board implemented a contract which resulted in the several unfair labor practice charges.  Mr. Hall is recommending this settlement because it retains almost all of the implemented terms.  This is a two (2) year contract extension but it includes the calendar years of 2011 and 2012.  This contract modifies the probationary employee as requested by the employer.  It changes overtime to be forty (40) hours instead of eight (8) hours as requested by the employer.  It limits the number of overtime hours that may be accumulated as requested by the employer.  It takes twelve holidays down to ten (10) holidays as requested by the employer.  It limits vacation to four (4) weeks as requested by the employer.  There is a two (2) percent wage increase as offered by the employer (and was in the fact finding).  It requires the employees to pay eight (8) percent of their monthly major medical/ hospitalization premium as all other employees within the Township are required and is requested by the employer.  It retains the equipment and uniform allowance at a constant rate under the prior contract.  It limits the hours of work on snow and ice control with some modifications as requested by the union for the safety of the employees.  It provides a new article that the employer may use casual employees as requested by the employer.  It acknowledges and allocates in a separate memorandum of understanding that the employer may create the position of Assistant Road Superintendent with out further negotiations or facing any claims or charges of an unfair labor practice by the union but specifically permits that if such position should be created the Assistant Superintendent can perform the work of the bargaining unit in the same fashion as a casual employee.   There is a separate memorandum of understanding that the employer will not raise the insurance premium to the union members during the present calendar year.  Based upon the outline, Mr. Hall recommended that the Board accept and approve the settlement agreement which is a global resolution of all you appease both against the union and against the Board with no admission of liability.  This is a good management result.  Trustee Laubacher and Mr. Hall noted that those employees who have already earned more than four (4) weeks of vacation have been grandfathered.  Mr. Schlegel noted that the two (2) percent increase is effective as of January 1, 2012.

Trustee Chessler made a motion that the Board approve the written terms of the settlement agreement and the attached memorandum of understanding that has been outlined by the Law Director; Seconded by Trustee Laubacher.

Mr. Hall noted that this agreement is fair.

ROLL CALL: Mr. Chessler, yes.  Mr. Laubacher, yes.  

Zoning: None.

Parks: None.

Executive Session(s):  

Department Matters Not Requiring Board Action:

Administration: None.

Fire Department: None.

Parks/Recycling: None.

Police Department: None.

Road Department: None.


Law Director: None.


Trustee Laubacher stated that the Board received eighteen (18) applications/ resumes for the vacant Trustees position.  Trustee Laubacher stated that he would like to meet with each applicant but understands that he and Trustee Chessler cannot meet together due to the Sunshine Laws.  Trustee Chessler stated that a phone call or individual meeting between an applicant and one (1) Trustee is not violative of the current Sunshine Laws.  Mr. Hall stated that was correct. A meeting between two (2) Trustees and an applicant would require a public meeting and executive session.  

Trustee Chessler stated that he has been through this particular process before where the Board has had to entertain, receive and review numerous solicitations for engineering firms or other professional department heads that the Township has hired.  The prevailing practice that the Board has observed in order to make their time use most efficient is to take the total number and have a brief discussion to see if they could realistically come up with a number of individuals that it would be a good investment of time to have that conversation with them collectively as a Board.  Trustee Chessler stated that he would like some time to do his own perusal.  Trustee Chessler suggested meeting at 6:00pm Tuesday, January 17, 2012 prior to the regular meeting in special session to adjourn into executive session for further discussion.  Trustee Laubacher agreed and stated that will provide him with enough time to hold individual interviews on his own.

Trustee Chessler announced that the Board will hold a special meeting on Tuesday, January 17, 2012 at 6:00pm (prior to the regular meeting).  The Board will then adjourn into executive session if necessary to discuss how the Board will proceed at that time.

Public Speaks-Open Forum: None.


With nothing further to come before the Board, Trustee Laubacher made a motion to adjourn the meeting at 7:26 pm; Seconded by Trustee Chessler.

ROLL CALL: Mr. Chessler, yes.  Mr. Laubacher, yes.  

Craig E. Chessler, President                                   

Joe Schlegel, Fiscal Officer