October 18, 2017

CALL TO ORDER @ 7:00 pm

ROLL CALL x Mr. Anderson x Mr. Takacs x Chief Baker
– Mr. Donaldson x Mr. Vest x Joanne Clapp
x Mr. Gauntner x Mr. Wayman x Stacy Dame

Mr. Gauntner reported that Mr. Donaldson was not available tonight.


Motion to Adjourn to Executive Session @ 7:03 pm to discuss Personnel Compensation, Collective Bargaining and Pending Litigation, with business to follow,
by: Mr. Anderson Seconded by: Mr. Vest ROLL CALL: All ayes

Mr. Gauntner Reconvened Regular Session @ 8:21 pm

Minutes of 09/20/17 Regular Session
Minutes of 10/03/17 Special Meeting

Motion to approve 09/20/17 and 10/03/17 meeting minutes as presented by: Mr. Vest
Seconded by: Mr. Wayman ROLL CALL: All ayes

BILLS & PAYROLL (August 2017):
Bills ($82,302.86) and payroll ($124,644.29) totaling $206,947.15 are motioned for acceptance and payment.

Motion to approve bills and payroll as presented by: Mr. Wayman
Seconded by: Mr. Takacs ROLL CALL: All ayes
September 2017 Financial Report: Joanne Clapp, Fiscal Officer, summarized the September Revenue and Expenses and commented that the District is slightly under budget through the first 9 months. She reported that we received our Real Estate Property Tax Revenues in September. Mr. Takacs asked for the 4th Quarter projections which Ms. Clapp committed to forwarding when available.

Ms. Clapp reported that she will be contacting UAN on Thursday, October 19, 2017 to schedule repairs for her printer. She is unable, at this time, to print anything. She also reported that she received an email from UAN today stating that, throughout 2017, there had been an extra $50 billed and paid/month for equipment charges that should not have been billed. As a result, the total 2018 UAN cost will be reduced by $600.

Joanne Clapp reported that she and Nila Brass, District Clerk, are working on a new RC-2 Records Retention Schedule to be presented to the Records Committee at 6:15 pm on November 15, 2017.


LEGAL COUNSEL ISSUES: Stacy Dame updated the Board with respect to the Madison Seminary (6769 Middle Ridge Rd.) litigation. An answer has been filed but nothing has been scheduled by the Court yet. She reported that Captain Sopko has been working diligently with the owner and is making progress on resolving many issues. Mr. Gauntner commented that the Township continues to work with the owner to help him do what needs to be done.

COMMITTEE REPORTS: None to report.


Update – Resolution #17-28 – Emergency Reporting System: Chief Baker reported that Resolution #17-28 was passed by the Fire Board at the August 16, 2017 Board meeting which approved a new vendor (ERS) and a new District reporting software system (ERS) that was anticipated to be implemented prior to the start of Firehouse Software’s final contract year beginning November 1, 2017 (year 5 of 5). Unfortunately, due to contract language issues between ERS and the District, as of this date, the new contract has not been fully executed, nor has training been scheduled. As a result of this delay, the new software will not be implemented by the November 1, 2017 cut-off date. Consequently, Chief Baker advised the Board that a payment for Firehouse Software (payable to Conduent Business Services in the amount of $2,703) will need to be paid to ensure that the District EMS and Fire records are kept up to date until which time all personnel can be trained on the new system, records have been transferred and the new ERS system is fully up and running. He reported that he and the officers are striving to have the new system fully implemented by January 1, 2018.

Stacy Dame reported that, per Chief Baker’s request, she has circulated a draft letter addressed to Firehouse Software for Board review regarding the inadequate service being provided and contract concerns, but that letter has not been mailed out.

A motion was made to rescind any and all requests for further communication and/or discussions pending with Firehouse Software regarding ongoing issues with the current contract; and to authorize payment to Conduent Business Services in the amount of $2,703 for the final year (5 of 5) annual fee to protect District data while the new ERS system is implemented. For the record, the Firehouse Software contract will not be renewed as of November 1, 2018.

Motion by: Mr. Vest Seconded by: Mr. Anderson
ROLL CALL: (4) Ayes; (1) Nay (Vest)

Resolution #17-28 – Emergency Reporting System (cont.): 10-18-17

Mr. Takacs expressed his displeasure with the slow timeline for the new software and what he considers a waste of financial resources. He stated that District staff needs to be more cognizant of contract expiration dates and other similar timeline issues. Mr. Vest agreed.

Resolution #17-38 – District IT Services:

This resolution authorizes the Fire Chief to enter into a Master Service Agreement with CMH for District IT Cloud Services. Due to contract issues, this resolution was tabled on September 20, 2017.

Stacy Dame, Legal Counsel, reported that all District changes to the proposed contract have been requested and that CMH has agreed to continue working on the contract language, however, she recommends that the resolution remain tabled at this time since she has not been advised of a committed time frame for further discussions with CMH.


Random Drug Testing Policy for Firefighters/Board:

Mr. Gauntner commented that he recently was chosen to participate with respect to the District’s Random Drug Testing policy. Due to the closure of the Madison Walk-In Care, and since he already had another appointment in Mentor at the Lake County EOC the following day, he went to Lake Health’s Urgent Care Center on Tyler Blvd. Mr. Gauntner recounted that he had to wait an hour before being taken to an examination room and was then told he needed to do a breathalyzer test. When he explained that the breathalyzer was not a required test per the District’s Random Drug Testing Policy, the nurse disagreed with him, but left the room to have the information verified, and returned fifteen minutes later and admitted that she was wrong and that he was right.

Mr. Gauntner voiced his concern that District Firefighters have to leave the District and travel to Chardon or Mentor to comply with Random Drug Testing requirements and expressed his apprehension regarding the amount of time required to complete the testing and return to their shift. He stated that he was not on the Fire Board at the time the policy was approved, and requested that the Board revisit the policy and determine if the benefits outweigh the costs, especially with respect to on-shift time lost. He commented that he believes the testing may have been linked to potential savings in the Workers Compensation premiums, but wondered what that had to do with the Board members. He also stated that if the cost saving are in fact significant, he would like to find a closer facility to administer the testing to cut down the amount of time lost.

Mr. Vest related that he experienced many of the same complications as Mr. Gauntner, and further objected to the lack of privacy bestowed during the process. He stated that it is inconvenient, if not impossible, for Board members who are employed in businesses to respond in a timely manner, especially now that testing facilities and hours of operation are limited. In his opinion, the Board should not be subjected to random drug testing unless they are involved in a workplace accident and are going to claim Workers Compensation.

Mr. Vest reported that he has requested that Joanne Clapp review past Workers Compensation premiums and rebates and report what, if any, savings have been gained versus the annual cost of the random testing. Both Mr. Vest and Mr. Gauntner agreed that post accident testing should still remain in place.

In response to Mr. Vest’s request for information, Ms. Clapp reported that the District’s BWC Drug Testing Rebate was $719 in 2016 and $725 in 2017. She further reported that the number of random drug tests required by BWC per year is 15% of the total workforce (47) which is (7) randoms/year. Per Chief Baker, the District requires (2) employees per quarter (8 total/year) to be tested, at a cost of $41 per test, which results in an annual cost of $328. Average time off-shift per participant is (3) hours.

The Board, as a whole, agreed that “post-accident” and “upon suspicion” drug testing is still necessary and desired, however Mr. Takacs questioned the value of random testing especially for Board members. Per his recollection, at the time the policy was adopted, former Legal Counsel stated that anyone receiving a paycheck was subject to the policy. Mr. Gauntner requested that Stacy Dame review the BWC discount structure and drug testing requirements and report any recommended changes. Ms. Dame stated that she would check to see if post-accident and upon suspicion testing qualifies us for the BWC discount.

Resolution #17-41 – Special Legal Counsel – Collective Bargaining:

This resolution authorizes the expenditure of additional funds to compensate Mr. Jack Petronelli as Special Legal Counsel for Full Time and Part Time Collective Bargaining services. Mr. Petronelli was originally hired under Resolution #16-03 dated January 27, 2016 for a maximum amount not to exceed Five Thousand Dollars.

Mr. Gauntner reported that, pursuant to recent discussions between Stacy Dame and Mr. Petronelli, the total expected billing, including the original Five Thousand, should not exceed Thirteen Thousand. To date, billing has been issued for $9,612.

Mr. Takacs inquired why payments have been made in excess of the original $5,000 limit without Board action. He acknowledged that Ms. Clapp recently requested and received authorization from the Board to transfer money into the legal account, but stated that that did not give authorization to spend out of the account. Per Mr. Takacs, when there is legislation stipulating a “not to exceed” amount, the vendor should not render services beyond that limit until additional funding is approved. Typically, when amount of a vendor’s billing nears the limit, it is his or her responsibility to make contact and find out whether additional services are desired and get authorization for additional funding. Mr. Takacs commented that this is an isolated event, but can’t be a policy.

Motion to approve Resolution #17-41 as recommended by: Mr. Wayman
Seconded by: Mr. Vest ROLL CALL: All Ayes

CHIEF’S REPORT- October, 2017 – Chief Tod Baker: 10-18-17
(Full Report in Board Folder)

Staff Recognition: Chief Baker recognized Scott Row for 14 years of service (10/01). He recognized Pat Davis, Mike Maskal and Brandon Baker for their self-motivated 2-day effort of doing general cleanup of St. #3’s landscaping. He also thanked Captain Sopko for his work with the Madison Seminary and the Lutron Lighting system at St. #3 to reduce energy costs.

Automatic External Defibrillator’s (AED): Chief Baker stated he needs Board approval to request that a resolution be drafted for either the transfer of ownership of District owned AED’s currently housed at the Madison Village, Madison Township and Madison Senior Center, or to assist with the purchase of new units as specifically desired by each group. To protect the District’s interests, he reported that all three entities will also need to sign service agreements directly with and through Physio Control either upon transfer of ownership of the current units or upon purchase of new units. Mr. Gauntner (Township) and Mr. Takacs/Vest (Village) reported that discussions have been held and both are agreeable to pick up the ownership and maintenance costs for their AED unit. Chief Baker committed to contacting the Senior Center to find out what their interest is regarding their AED. Chief Baker also committed to contacting Physio Control for new unit pricing and requested service contract proposals be sent directly to the Village, Township and Senior Center for their review.

Lake Health Systems: Chief Baker reported that we are no longer responding for Aircraft Standbys and are only responding to emergency transfers to the cardiac cath lab for heart attacks. He has met with Tri County Ambulance and Community Care to bring them back into the community to help with Nursing Home and Madison ED transfers.

Vehicle Maintenance: Chief Baker reported that approximately $12,000 has been spent for necessary repairs, PMI and tires for Engine #2113 which is significantly less than the $15,000 approved by the Board in Resolution 17-29 on August 16, 2017.

Fuel Tanks: Captain Sopko reported that St. #3’s tanks are operational and that the fencing is complete. St. #2’s tank will probably be done next week.

October 2, 2017 Officer’s Meeting: Chief Baker reported on topics discussed:

1) Weekend staffing issues are still a problem which has been made more difficult by the loss of (1) Full Time employee and a couple of injuries. Per Chief Baker, we must focus on recruiting and retaining employees.

2) Full Time Position: We are currently accepting resumes/letters of intent and will administer written exams soon – both of which will be reviewed by non-local Fire Chiefs who have committed to help evaluate candidates and participate in the interview process.

CHIEF’S REPORT- October 2, 2017 Officer’s Meeting (cont.): 10-18-17

3) Staff met again with Medicount to discuss the Internal Quality Program to work on correcting documentation issues that will ensure that billing is correct. Unfortunately, the District will fall short on EMS Revenue this year and will need to rely on the carryover that was re-appropriated last year. We are currently trending downward and will need to be careful with the 2018 Budget Revenue figures (approx. $100,000 less than 2017). Medicaid and payer mix reimbursements are down and many of our Nursing Home patients are heavily insured by Medicaid and Medicare.
Medicount Billing Trends: Chief Baker handed out an EMS Revenue sheet which provides a snapshot of the past two billing years. During this timeline, some of the billing charges were increased, which had little impact on the actual dollars received. In the last quarter of 2015, the average call received just under $300 in revenue per billing. By July of 2017, the average revenue had dropped to below $200 per call, and in August of 2017, was only $173.07 per call. It is Chief Baker’s intention to use the Internal Quality Program to stabilize, if not increase, EMS Revenues. Per Medicount, the majority of revenue for each call billed is captured within the first 45-60 days.

Inspection Report – In Board Folder: Mr. Vest asked about the nature of the inspection at the Great Day Childcare and Learning Center (located on Water Tower Dr.) listed on the September Inspection Report. Captain Sopko answered that they are remodeling (partitions).



Mr. Takacs asked if Chief Baker was aware of the newly established Resource Center for Emergency Response Equipment located by the airport in Mentor to store equipment not located at the EOC. He pondered if the 77 Lake Tran Bus should be stored there. Chief Baker committed to talking to the East End Fire Chiefs next week to get their opinion of the suggestion since the group uses this vehicle for East End Fire Investigations.

Chief Baker commented that there have been promises made in the past regarding Madison Fire’s expected responses to various kinds of calls. These expectations, at the County Chief’s level, need to be reviewed and revised to more accurately reflect our current capabilities based on our reduced manning levels. Supposedly, Madison is expected to respond to Mutual Aid Box Alarms with an engine and three firefighters, the POD trailer (for rehab) and the Lake Tran Bus (for FIU) which requires a total minimum of five personnel. Per Chief Baker, this was probably somewhat manageable when we had ten people on shift, but is not possible at current manning levels. Chief Baker agreed with Mr. Takacs that we need to discuss our current situation with those at the County level and explain that we can no longer meet some of those obligations.

In response to Mr. Gauntner’s inquiry regarding the Ladder Truck, Chief Baker reported that, although discussions are ongoing, there is still no written revised protocol for use of the shared Perry/Madison Ladder Truck.

Mr. Vest expressed his displeasure with Lake Health Systems breaking promises and closing the Madison Walk-In Clinic. Chief Baker stated that District Personnel will now have to travel to Chardon or Mentor for Bi-Annual physicals which will impact our operation and potentially limit our service to the community. He is researching whether UH Geneva Memorial Hospital may be an alternative solution to this problem.

At Nila Brass’ request, Mr. Gauntner directed Stacy Dame to review the court order filed with respect to the proviso granted to the District for reimbursement of costs for repair or replacement of the damaged light pole in St. #3’s front parking lot. Ms. Dame commented that it is a condition of the gentleman’s probation that he set up payment arrangements with the District by the end of the year. Since he has not, to date, made contact, our only recourse at this time is to report to the probation officer that he has not yet complied with the order.

Motion to Adjourn Regular Session @ 9:24 pm by: Mr. Takacs
Seconded by: Mr. Vest ROLL CALL: All ayes

__________________________ _______________________
Kenneth R. Gauntner, Jr., Chairman Nila Brass, District Clerk

October 3, 2017

CALL TO ORDER @ 7:00 pm

ROLL CALL x Mr. Anderson x Mr. Takacs x Lt. Baker
x Mr. Donaldson x Mr. Vest – Ms. Clapp
x Mr. Gauntner x Mr. Wayman x Ms. Dame

Resolution #17-40 Collective Bargaining Agreement:

This resolution approves and authorizes execution of a Collective Bargaining Agreement between the Madison Fire District, by and through its Board of Trustees, and the Madison Firefighters Association, IAFF Local 3141 effective October 3, 2017 and expiring December 31, 2019.

Motion to approve as by: Mr. Anderson Seconded by: Mr. Vest ROLL CALL: All ayes

Mr. Takacs commented that Mr. Petronelli brought a good balance to the negotiation process. Mr. Gauntner thanked Mr. Takacs and Mr. Petronelli for their diligent efforts.

Resolution #17-38 – CMH District IT Cloud:

Stacy Dame, Legal Counsel, reported that she and Chief Baker are still working with the CMH representative and their legal counsel in finalizing the language of the contracts. Additional time will be required to complete the process.

Motion to Adjourn the Special Meeting into Executive Session to discuss the Madison Village/ District Litigation @ 7:06 pm by: Mr. Wayman
Seconded by: Mr. Anderson ROLL CALL: All ayes

The Fire Board came out of Executive Session and Mr. Gauntner reconvened the Special Fire Board Meeting at 7:26 P.M.

Executive Session Discussion Follow Up:

Mr. Gauntner stated that a discussion took place in Executive Session with Special Legal Counsel Mr. Gary Pasqualone regarding the ongoing lawsuit and subsequent appeal filed against Madison Village and the Fire District by former Madison Village Councilmen John Hamercheck and Kenneth Cahill. Mr. Hamercheck’s attorney has proposed a settlement to the lawsuit, and Mr. Cahill has also proposed his own settlement to the ongoing lawsuit. Mr. Gauntner stated the board would need to vote on each settlement proposal separately.

John Hamercheck’s settlement proposal is that the Madison Fire District forgo the last and final payment from Madison Village for former Fire Station #1 in the amount of $47,500.00.

Mr. Gauntner presented a motion to reject the settlement proposal made by John Hamercheck. Mr. Anderson seconded the motion to reject John Hamercheck’s proposal.
Roll Call: Mr. Wayman, yes, Mr. Vest, Abstain, Mr. Gauntner, yes, Mr. Donaldson, Abstain, Mr. Anderson, yes, Mr. Takacs, Abstain.

Kenneth Cahill’s settlement proposal is that Madison Fire District only accept half of the total payment to be made by Madison Village which would be $95,000.00 rather than the original agreed upon amount of $190,000.00. In addition, Mr. Cahill’s attorney fees currently total $26,000.00, and he is asking for half of his attorney fees in the amount of $13,000.00.

Mr. Gauntner presented a motion to reject the settlement proposal made by Kenneth Cahill. Mr. Anderson seconded the motion to reject Kenneth Cahill’s proposal.
Roll Call: Mr. Wayman, yes, Mr. Vest, Abstain, Mr. Gauntner, yes, Mr. Donaldson, Abstain, Mr. Anderson, yes, Mr. Takacs, Abstain.

Mr. Gauntner then asked the Fire Board members if anyone wanted to propose a counter offer to Mr. Hamercheck or Mr. Cahill. There were no counter offers discussed or presented by the board members.

With no further business to discuss, Mr. Gauntner requested a motion to adjourn the Special Fire Board Meeting. Mr. Wayman made a motion to adjourn the meeting, Seconded by Mr. Anderson. Roll Call: Mr. Wayman, yes, Mr. Vest, yes, Mr. Gauntner, yes, Mr. Donaldson, yes, Mr. Anderson, yes, Mr. Takacs, yes.

Mr. Gauntner adjourned the Special Fire Board Meeting at 7:31 P.M.

___________________________ __________________________
Kenneth R. Gauntner Jr., Chairman Nila Brass, District Clerk