Information for the members of the Greater Ohio Showmen’s Association
President’s Message Friends: The Thanksgiving holiday quickly came and went. Christmas is next week! Before you know it, we will be gathering in Columbus for the 2018 OFMA Convention. Time is flying by! The trustees and officers of the GOSA have been diligently preparing for the upcoming convention. I encourage all to attend! The Ohio Fair Manager’s Convention is being held January 4-7, 2018 at the Greater Columbus Convention Center in Columbus, OH. The GOSA continues to be an integral part of this event, holding our annual meeting, presenting seminars, participating in the OFMA trade show, co-hosting the GOSA-OFMA Extravaganza and Gala and more! This year the terms of four trustees are expiring, along with all three executive officers. Please attend the annual meeting and exercise your right as a member to vote. We are stronger in numbers. Also, if you’ve ever had an interest in serving the organization, now is the time to speak up and show your interest. If you are interested in running for a Trustee seat on the board, please contact any GOSA board member. The GOSA will be co-hosting the annual Cornhole tournament at convention again this year. The Cornhole tournament will be held at 7pm Thursday evening, January 4 in the Regency foyer. Please note that this year the GOSA office is again located in the Clark Room on the 2nd floor of the Hyatt. Our annual meeting is in the Fairfield Room and you can also “check-in” in the GOSA office to receive your credentials for convention if you have registered through OFMA. Gala tickets are going fast! See one of the board members or head to Inside the GOSA office to purchase a chance to win $10,000!! We hope to see ALL of you at Convention to bring you up to speed on what your Announcements GOSA board has been working on as well as participate in some fellowship and fun!
Best wishes to all for a Merry Christmas & Happy New Year!
Event Schedule Greater Ohio Showmen’s Association P.O. 93 Pataskala, Ohio 43062 (740) 739-9073 www.mygosa.net GreaterOhioSA@gmail.com
from the GOSA Board of Trustees -1-
IT’S THAT TIME AGAIN…. The ANNUAL ELECTION of officers will take place during the GOSA Annual Meeting on January 5, 2018. Here’s some helpful information regarding the annual election: •only members that are current on their 2017 dues have the right to vote at the 2018 meeting. •You DO NOT have to pay 2018 dues before the meeting in order to vote
(2018 dues = voting rights at 2019 meeting).
•If you have a year or more lapse in your membership, you must reapply and be voted back in-
to the membership at a regular meeting. •PROXY VOTES: Per Article III of the GOSA Constitution:
“A member may, through a written proxy, properly notarized, authorize another member to vote for him at all members’ meetings and such proxy must be filed with the Secretary seven (7) days before the Meeting. The attending member, on all issues requiring a vote, is limited to one proxy vote per meeting.” PLEASE NOTE, the GOSA office will close PROMPTLY AT 12:30pm on Friday to allow Brandy time to prepare for the meeting.
FOR MORE ELECTION INFO, CHECK OUT PAGES 10 & 11!
YEARBOOK PHOTOS I would like to add a page or two to the photo sections in our 2018 year book. If anyone can find some really good THROWBACK photos we would love to put them in. The older the better! It’s always fun to look back at least 25-30 years, especially looking at the new generation as kids. If enough people participate this could be fun to look at. Email all photos to my email, email@example.com. If you don’t think you can scan them and preserve the quality, you can send them by mail to the GOSA P.O. box or just hand them to me at convention. I’m looking forward to seeing everyone at convention and have a MERRY CHRISTMAS!!. Al Bozich, Year Book Chairman
Convention: Jo Ellen Albanese shared a draft seminar schedule. The GOSA is adding a crisis management seminar with a speaker from the Ohio EMA. The speaker previously worked with Allen County Fair. Andy Pocock and Louie Pilati will handle gala emcee duties again this year. Motion to purchase trade show beverage break sponsorship ($500.00) and hospitality special events sponsorship ($600.00) for which we have first right of refusal from 2017convention by David Drake. Second: Doug Guinsler. Motion passes.
MINUTES for GOSA Board Meeting NOVEMBER 16, 2017 CALL TO ORDER at 11:00 a.m. by Jo Ellen Albanese, President.Pledge of Allegiance delivered by Jasmine Otterbacher. MEMBERS PRESENT: Jo Ellen Albanese, David Drake, Bill Sterling, Louie Pilati, Lori Freiling, Mike Tedrick, Doug Guinsler, Jasmine Otterbacher, Carmi KisselEngler, Russell Clements, Tim Lisko, Jeff Otterbacher, Randy Kissel, Al Bozich, Brandy Daniels. Absent: Louie Pilati, Mike Tedrick, Carmi Kissel-Engler, and Russell Clements. Motion to approve minutes of the October 2017 meeting by Bill Sterling. Second: Jasmine Otterbacher. Motion passes. CORRESPONDENCE: The secretary shared recent periodicals. FINANCIAL REPORT: Secretary/treasurer updated the financials through current deposits and bills paid to date (attached). Motion to approve current financial reports By Doug Guinsler. Second: Randy Kissel. Motion passes. Motion to approve April Bowersox, Bill Gillam, MidOhio Golf Car, and Fusion Talent Group as new members by Lori Freiling. Second: David Drake. Motion passes. LEGISLATIVE REPORT: None. COMMITTEE REPORTS Fall Round Up: David Drake reported that this yearâ€™s event netted $16,700 for scholarships which is an increase year over year since 2015 of approximately $2000 per year. Jeff Otterbacher recommends increasing A/V presence to reach rear of the facility especially during the auction, possibly even purchasing a GOSA sound system or donating a system to the Elks. Budget & Audit: Al Bozich reported that Glen Strong is waiting on a 3.5% bond to invest the remaining cash because we requested a conservative investment strategy.
David Drake reported that a representative from NICA will be presenting on Friday morning. Jasmine Otterbacher agreed to assist. Lori Freiling is working with Chuck Jackson for the trade show stamp game. Randy Kissel reported that GOSA trade show booth location is still under consideration. Motion to purchase coffee service ONLY on Friday for the GOSA office by Lori Freiling. Second: Jasmine Otterbacher. Motion passes. Health & Sanitation: Jo Ellen Albanese noted that Mike Tedrick will be publishing an update in the next newsletter. She shared a letter from the Ohio Dept. of Ag & Dept. of Health requesting that the GOSA recommend two candidates to the Retail Food Safety Advisory Council. GOSA will submit Jeff Otterbacher and Mike Tedrick. Membership: Lori Freiling shared her report as part of the convention topic above. Nominating & Awards: The board collectively discussed upcoming elections for trustees and officers. Recipients of rewards to be presented at the annual meeting were selected. Nomination forms were amended to require nominators to provide least a one sentence narrative minimum in support of each nominee submitted. Publications & Media: Newsletter: Jo Ellen Albanese requests on behalf of Katie Linville that members submit newsletter articles according to established deadlines. Yearbook: Al Bozich reported that he is looking at quotes for other printers for the yearbook. Website: Motion to approve $525.00 to Mattâ€™s Web Design for website membership directory/yellow pages by Jeff Otterbacher. Second: David Drake. Motion passes.
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Ride Safety: Randy Kissel shared that inflatable rules were reviewed, and inspections were reduced in price by $1.00. He also reported that movement on the background check requirement has stalled due to misinformation. Scholarship: Al Bozich shared on behalf of Kim Bozich that scholarships are being reviewed for selection and awards at the convention. Tickets: David Drake reported on behalf of Russell Clements that approximately 175 tickets have been sold. Trade Shows: Randy Kissel requests that everyone send him pictures for the booth slideshow screen. Motion to approve $250.00 for an auction prize at the OFEA convention by Jeff Otterbacher. Second: Tim Lisko. Motion passes. OLD BUSINESS CLARIFICATION TO CONSTITUTION: Jasmine Otterbacher collaborated with Harry Faint on changes. These changes were reviewed for further clarification. This will be discussed further at the December meeting how it will be presented at the annual meeting. BRANDING & MARKETING: Jeff Otterbacher tabled to December meeting. GOALS: Jeff Otterbacher reviewed updated goal list. BOARD MEMBER COMMUNICATION: Jo Ellen Albanese requested that members at least respond receipt of messages, communicate when responses are required. Item is CLOSED. YANKEE CANDLE SALE: Jo Ellen Albanese reported sales on paper order forms are complete and the payment should be coming via check soon. Online sales will be available until January. Item is CLOSED. NEW BUSINESS—NONE. ADJOURNMENT Next Meeting: December 14, 2017 at Rhodes Center. Motion to adjourn meeting at 4:40 p.m. by Randy Kissel. Second: Al Bozich. Motion passes.
WE’VE GONE DIGITAL! You can now view previous month’s meeting minutes on our website! -5-
will include miniature horses) may be sitting next to you at the restaurant. The following is a ruling by the Department of Justice. Service Animals The Department of Justice published revised final This will be the last Concession Corner article regulations implementing the Americans with Disabefore the GOSA/OFMA convention and annual bilities Act (ADA) for title II (State and local governmeeting in Columbus in January. I hope you attend ment services) and title III (public accommodations and get to say hello or meet you if I’ve never met you and commercial facilities) on September 15, 2010, in before. There will be many informational and educa- the Federal Register. These requirements, or rules, tional sessions at the convention. I will be offering clarify and refine issues that have arisen over the past the Level I (Person In Charge for Food Concession- 20 years and contain new, and updated, requirements, th aire’s) Food Safety class on Thursday January 4 including the 2010 Standards for Accessible Design from 1:00 – 4:00pm. This class is free and is the only (2010 Standards). time all year that it focuses on Concessionaire’s. As mentioned in last month’s article, the PIC Certifica- Overview tion is not required for concessionaires at this time This publication provides guidance on the term but is now being considered by the rules committee “service animal” and the service animal provisions in to make it mandatory for mobile food concessions in the Department’s new regulations. the future. Did I mention this class is free? • Beginning on March 15, 2011, only dogs are recognized as service animals under titles II and III of All concessions will be receiving their mobile food the ADA. service application for licensing in January. The letter • A service animal is a dog that is individually will also contain any new rules that will be coming out in 2018. I don’t believe any thing will pertain to trained to do work or perform tasks for a person with a disability. mobiles except the new cost of your license. If you want to let your local Board of Health know how you Generally, title II and title III entities must permit feel about the cost of the license, attend their January service animals to accompany people with disabilities in all areas where members of the public are allowed meeting. Those meetings are open to everyone and the date and times are posted on the local Health De- to go. partment website. How “Service Animal” Is Defined One complaint I have heard from many Concession- Service animals are defined as dogs that are individually trained to do work or perform tasks for aire’s over the last couple of years is about a health people with disabilities. Examples of such work or inspector coming in to your concession, telling you everything looks good and then leaving without writ- tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting ing an inspection report. If everything looks good, you need an inspection report for liability purposes. If and protecting a person who is having a seizure, rethey won’t give you one, call the Health Department minding a person with mental illness to take prescribed medications, calming a person with Post for that city or county and complain to the Health Commissioner. If you get good reports, stick those in Traumatic Stress Disorder (PTSD) during an anxiety a notebook or binder for future reference just in case attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog your concession is involved in a dispute with any has been trained to provide must be directly related to health department or implicated in a foodborne illthe person’s disability. Dogs whose sole function is ness. Your insurer will also find these good reports helpful. It will be all about documentation and relia- to provide comfort or emotional support do not qualify as service animals under the ADA. bility. This definition does not affect or limit the broader definition of “assistance animal” under the Fair One of the interesting new health codes that is curHousing Act or the broader definition of “service anirently being revised that will not affect concessionaire’s directly within their business concerns service mal” under the Air Carrier Access Act. animals. Since we all eat out the service animal issue Some State and local laws also define service animal may affect you as a customer. Currently, there is no more broadly than the ADA does. Information about government agency that issues a service animal regis- such laws can be obtained from the State attorney general’s office. tration or permit. But soon, a service animal (which BY: MIKE TEDRICK DECEMBER 2017
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Greater Ohio Showmen ‘s Association Legislative Report Food Safety Rules
Inflatable Ride Rule Clears JCARR
The Ohio Retail Food Safety Advisory Council met on October 18, 2017 to discuss revisions to the Ohio Uniform Food Safety Code. GOSA was represented at the meeting. None of the currently proposed revisions seem troubling for GOSA members. However, it was raised several times by attendees that the rules should apply to mobile operations. The Council commented that they do not intend to expand the scope of the rules during this review process. An emergency rule can be in effect for 120 days. During However, they did not rule out discussing the issue in more that time, ODAg will work with the proposal through the detail in the future. formal process for adoption. In response to the provisions in the state budget bill regarding inflatable rides, the Ohio Department of Agriculture has released an authorized emergency rule. In order for ODAg to have the authority to enforce an emergency rule, Governor Kasich signed an executive order allowing the authority. The rule went into effect on October 1, 2017.
Most notably in the rule is a decrease in the inspection fee for inflatable rides to $104. When prescribed by law, the fee was $105. It also changes the duration of the permit for inflatables. Inflatable permits will now be valid for 12 months. All other rides’ permits expire on December 31st regardless of when they were issued. The formal rule process began with the rule being filed with JCARR. A public hearing was held on the rule at ODAg on November 27, 2017 at 9:00am. Four people representing the inflatable ride companies testified at the hearing. This rule was on the Joint Committee on Agency Rule Review (JCARR) agenda for the December 11, 2017 meeting. JCARR Chairman Representative Mike Duffey did question ODAg legal council about the rule. After questioning, the rule went through without objection.
Ohio Minimum Wage To Increase According to an announcement from the Ohio Department of Commerce, Ohio's minimum wage will rise to $8.30 per hour next year, up about 2% alongside the rate of inflation. The $8.30 wage applies to non-tipped employees at businesses with gross annual receipts of more than $305,000 per year. For tipped employees, the new minimum wage will be $4.15 per hour. The current minimum wage is $8.15 for non-tipped employees and $4.08 for tipped employees. For people who work at companies with gross receipts below $305,000, and for 14- and 15-year-olds, the minimum wage will be the federal rate of $7.25 per hour. The state increase stems from an increase of 1.9% in the consumer price index. School Start Date Legislation Needs Your Support
GOSA Comments on Draft Background Check Proposal Recently a draft legislative proposal was shared with GOSA. The proposal would require all employees of ride companies to under go a background check. This proposal was conceived after it was thought the employee of a ride operator was inappropriate with a child and it was later discovered that this person was a sex offender in another state. After GOSA reviewed the proposal, it was discovered that this person was not in fact an employee of the ride company. GOSA submitted formal comments on the proposal. The comments questioned and objected to the singling out of one industry. The comments also discussed the costs the operators would incur because of such a mandate and how the proposal could impede operators from hiring temporary local workers. Since the comments have been submitted, GOSA has not heard about any additional movement to formally introduce legislation.
Senator Gayle Manning (R – North Ridgeville) reintroduced legislation to require schools to begin classes after Labor Day. Senate Bill 34 would allow local boards of education to adopt a resolution to begin classes before Labor Day, but before doing so, they must hold a public hearing to get community input.
The legislation has been assigned to the Senate Education Committee where there have been three hearings. The third hearing on the bill was held on April 25, 2017. Testifying in support was the Lake Erie Marine Trades Association, Greater Ohio Showmen’s Association, Ohio Campground Owners Association, the Ohio Travel Association, and Cedar Fair. Questions were raised about removing control from the local level, implementation of this in Michigan, and potential summer jobs that could result from this change. A fourth hearing was held on November 8, 2017. Testifying as proponent was Mike Caputo, a former Bay Village Board of Education member. After the hearing, Government Advantage Group reached out to the sponsor’s office to see how GOSA could be helpful in moving the bill forward. The sponsor does not
currently believe there are enough votes to pass the legislation out of committee. Due to a recent resignation of a SB 34 proponent, it made the concern even greater. The sponsor is trying to personally call committee members but based on their reactions, it doesn’t seem like there is much of a desire to vote the bill out of committee. Senator Manning is asking for all proponents of SB 34 to please contact their Senator to let them know this is a very important bill that will effect their own districts greatly. A separate attachment to this report contains a form letter to be used by GOSA members to contact their State Senator. If you don’t know who your State Senator is, you can find that here: https://www.legislature.ohio.gov/?0
The bill has had five hearings before the House Government Accountability and Oversight Committee. The Speaker of the House has indicated he may be calling for a vote on the legislation soon. Representative Schuring recently said “nobody is going to thank me or the members of the business and labor communities for doing this because there is sacrifice. It’s a tough pill to swallow but at the end of the day the sacrifice will be much greater if we don’t do it”. House Bill 382 will: •
It is very important for GOSA members who live in a district of Senate Education Members to make those contacts.
Those members are: •
Senator Peggy Lehner, (R – Kettering) Chairwoman Senator Matt Huffman, (R – Lima) Vice Chair Senator Bill Coley (R – Liberty Township) Senator Randy Gardner (R – Bowling Green) Senator Gayle Manning (R – North Ridgeville) Bill Sponsor Senator Rob McColley (R – Napoleon) Senator Lou Terhar (R – Green Township) Senator Steve Wilson (R – Maineville) Senator Vernon Sykes (D – Akron) Ranking Minority Member Senator Joe Schiavoni (D – Boardman) Senator Cecil Thomas (D – Cincinnati)
HB 382 – Unemployment Compensation The legislature has been exploring the unemployment compensation system in an attempt to ensure the system’s solvency. During the recession, Ohio had to take a federal loan to keep the system afloat and the legislature wants to ensure that does not happen again. During the previous General Assembly, there was an attempt to make changes. However, business and labor groups could not come to an agreement on a plan. So, the legislature, led by Representative Kirk Schuring (R – Canton), pressed pause on the issue to allow for continued dialogue between interested parties. Representative Schuring went on to introduce House Bill 382. His goal was to strike a balance between employer and employee obligations. However, because the bill attempts to strike that balance, there have not been groups willing to come forward and support the legislation. Many groups like the Ohio Farm Bureau, the Ohio Manufacturers' Association, the Ohio Chamber of Retail Merchants, the Ohio Chamber of Commerce and the NFIB have stated that the legislation is a good starting point for discussions.
Raise the wages subject to premiums to $11,000 on the first day of January occurring after the bill's effective date. Require an employee to pay employee coinsurance payments when the employee satisfies the monetary requirements necessary to receive unemployment benefits. Require an employer to withhold coinsurance payments from an employee's pay and remit them to the Director of Job and Family Services in accordance with rules adopted by the Director. Freezes maximum weekly benefit amounts at the 2017 maximum amounts for ten years after the bill's effective date, extending a current law freeze that applies in 2018 and 2019. Reduce the maximum weekly benefit amount payable to an individual who claims allowable dependents if the Director finds that additional sources of household income reduce or eliminate the individual's need to receive up to the maximum weekly benefit amount. Reduce, for an individual whose benefit year begins after the bill's effective date, the maximum number of weeks for which the individual may receive unemployment benefits in a benefit year from 26 weeks to 24. Require members of the Unemployment Compensation Advisory Council, which is charged with recommending changes in Ohio's unemployment compensation laws, to be appointed not later than 30 days after the bill's effective date, and requires the Council to meet.
Bill Would Make Sales Tax Holiday Permanent Senator Kevin Bacon (R – Columbus) has introduced Senate Bill 229, legislation to make permanent a threeday sales tax holiday that was first piloted in 2015. The legislation is intended to give parents a break from sales tax on school supplies and back to school clothing. The tax-exempt period would be for a three-day period beginning the first Friday in August. (Continued on page 12)
2018 CONVENTION ELECTION The Annual Election of board trustees and executive officers will be held at our annual meeting on January 5th, 2018 at 1:00 pm in the Fairfield Room. Current seats open for election are: President, Currently held by Jo Ellen Albanese 1st Vice President, Currenty held by David Drake 2nd Vice President, Currently held by Randy Kissel Trustee, Currently held by Jeff Otterbacher, Mike Tedrick, Russell Clements, Jasmine Otterbacher, and Karmi Kissel-Engler (1 year remaining on term)
Individuals seeking election are: CASEY WHITE Hello all GOSA Members. My name is Casey White and I am running for a trustee position for GOSA. I grew up in Canton, Ohio then moved to Las Vegas to attend UNLV. Following college, I moved back to Ohio and started Casey’s Concessions. I currently operate and do more than 30 county fairs and festivals in the state of Ohio. I specialize in food concessions and straight sales. I believe I can be a tremendous help as a Trustee to better all types of showman in greater Ohio. I look forward to seeing all of you at the convention in January and receiving your vote as a trustee for GOSA.
Thank you for the consideration. BRIAN LINVILLE Hello, my name is Brian Linville, but many of you may know me simply as "LENNY." Unlike a lot of you, I was not born into this business. I stumbled upon this industry in 2001 when I started working for some family friends, Harry and Gloria Faint, in their Italian Eatery. It was then that I caught the fever for this business. From there, I gradually began working in the off season for Bates Amusement Inc. doing winter maintenance on their rides. For nearly 10 years, I worked food in the summer and maintained rides in the winter. In 2009, I married my wife, Katie Guinsler-Linville, and we made the leap into the amusement ride industry. For the past eight years, I have worked as a Foreman for Bates Amusement Inc. overseeing employees, maintenance and day-to-day operations. My wife and I also own and operate, K&L Concessions featuring a mobile rock climbing wall. 2018 promises to be an exciting year for my family and I as we begin a new adventure! We will once again go back to where we both got our start in this business with our purchase of Bozich Food Service’s Italian Eatery featuring Pizza and Stromboli. I am a member of the GOSA, OABA and NAARSO (National Association of Amusement Ride Safety Officials). I am also a Level II Certified NAARSO Safety Inspector and an Eagle Scout. I believe that I can bring a fresh outlook and new energy to the board. I can offer a unique perspective to the board having a background in and understanding of both food and rides while offering a specialized focus on safety. An ever growing concern for our industry. Over the past several years, I have learned a great deal about this industry and have truly developed a respect and passion for it. I would be honored to represent and serve you as a GOSA Trustee. I humbly and graciously ask for your support at this year’s election. See you in January!
JASMINE OTTERBACHER My name is Jasmine Otterbacher. I will be running for a 2nd term as a board member at the 2018 annual GOSA meeting. I have served you on the GOSA Board of Trustees for 3 years. My family has been in the business for almost 100 years and I am 3rd generation. I have been exposed to serval aspect of the outdoor amusement business in my lifetime through my father, Jerry Otterbacher. As I was growing up he had kiddie rides, Sun Valley Rides, and when I could work, but a bit young for a food trailer, he would book a game trailer for my brother and I to work. I started running my own trailer at 13 and over seeing small fairs or festival at 14/15. I booked my first trailer when I was 18 with Amy Bates during her spring route. I went off to college with a great desire to move west and work in a National Park or study wolves on Yellowstone, but couldn’t get rid of the itch. You guys know what I mean, it comes around February/ March when we get a couple warm days and we want to get out and work. I LOVE this business, it has been good to me in several different aspects of my life. Now it is teaching my kids to earn, and appreciate every dollar they make. I feel that I still have plenty to give back to the membership, as a board member. It has been an honor to serve the membership and I hope to continue serving all of you. I hope to have your support and please always feel free to contact me, or any board member with any concerns.
MIKE TEDRICK Mike graduated from The Ohio State University in 1978 with a Bachelor of Science Degree in Microbiology. From 1978 to 1983, he worked for the Ohio Department of Agriculture as an inspector of Amusement Rides and Retail Food Establishments. In 1984 he joined the Columbus Health Department as a Food Inspector. Mike was promoted to a Department Coordinator in 1999, overseeing the activities of ten field sanitarians that grew to twenty by 2014. In December 2015 retirement commenced after almost 35 years of service in Public Health. Retirement grew old within 4 months and because several Health Departments were calling with job offers, Mike decided semi-retirement was a good direction. He now teaches Food Safety (Level I = Person In Charge or Level II = ServSafe) at 5 different Health Departments. To date in 2017 he has had over 1000 students and mentions the GOSA in every class when talking about mobile food concessions. Semi-retirement has allowed Mike and his wife to take their granddaughter, Isabella, to many fairs over the course of the summer and speak one on one with concessionaire’s. In 1980, Robin’s Amusement Ride Company was created with three small kiddie rides. It grew to a nine ride show in the late 80’s but found a comfort level of six rides as Mike and his wife Robin started a family with the addition of two daughters, Amanda and Michelle. Mike has had duties at the Ohio State Fair as either a Ride Inspector (1979 – 1984) or as a Food Inspector (1985 – 2013). From 1995 until 2013 he was in charge of all Food Inspections during the Ohio State Fair and many other major events concerning concessionaires.
The Tedrick family has owned Concession Trailers spanning two generations, which his sister, Renee Tedrick, currently owns and operates. Mike occasionally helps with the family run business when it’s outside of his Health Department jurisdiction. Mike was elected as an officer onto the Greater Ohio Showmen’s Association (GOSA) Board in January 2008 and served on the Health and Sanitation Committee. He reports on the latest developments concerning rules and regulations as they are being considered by the State Health Department that may affect food concessionaires. Mike has lead many sessions at the Ohio Fair Managers Association (OFMA) Convention. The Person In Charge (PIC) class offered all those that attend a Food Safety Education Certificate that is recognized by all Health Departments in the State of Ohio. Mike also writes the articles in the GOSA newsletter called the Concession Corner. Concessionaires and Health Department Officials from across the State, (and occasionally from across the country), call Mike for advice on problems they’ve encountered to seek a solution. In the last 5 years he has spoken at statewide conferences that were attended by a large percentage of the Sanitarians employed in Ohio. He tries to find a middle ground where all parties involved are satisfied. As the landscape between the Health Department regulations and newly minted Concessionaires of all types emerge, Mike can be the voice that both sides listen to.
The Ohio Senate has selected Representative Rob McColley (R – Napoleon) to replace Hite. McColley has already be sworn in to his new position. A process to replace Goodman and McColley is expected to be completed after the first of the year.
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Items exempt from sales tax during this “holiday” are: •
Items of clothing up to $75 each. "Clothing" means all human wearing apparel suitable for general use, but does not include items such as those used in a trade or business, accessories, or sports or protective equipment.
Additionally, as Representative McColley was a member of the House Republican leadership team, his spot in leadership was filled by Representative Bill Reineke (R – Tiffin).
Items of school supplies and instructional materials Copies of legislation – Go to www.legislature.state.oh.us up to $20 each. "School supplies" means items commonly used by a student in a course of study and are explicitly listed in the bill, including items such as book bags, crayons, erasers, notebooks, How to Contact Your Lobbyists pencils, and pens. "School instructional materials" Amanda Sines and Mikayla Pollitt means reference books, reference maps and globes, Government Advantage textbooks, and workbooks only. 17 South High Street, Suite 750 This bill will be considered by the Senate Ways and Means Columbus, Ohio 43215 Committee. 614-221-7157 firstname.lastname@example.org Legislators Resign email@example.com Two members of the Ohio General Assembly have resigned due to inappropriate behavior. Senator Cliff Hite (R – Findley) and Representative Wes Goodman (R – Cardington) gave up their seats when information about their unacceptable behavior came to light.
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ATTENTION! EFFECTIVE DECEMBER 18, 2017
ELD (Electronic Logging Device) Federal Mandate for Semi's The ELD rule: Requires ELD use by commercial drivers who are required to prepare hours-of-service (HOS) records of duty status (RODS). Sets ELD performance and design standards, and requires ELDs to be certified and registered with FMCSA. Establishes what supporting documents drivers and carriers are required to keep. Prohibits harassment of drivers based on ELD data or connected technology (such as fleet management system). The rule also provides recourse for drivers who believe they have been harassed.
Section 32301(b) of the Commercial Motor Vehicle Safety Enhancement Act, enacted as part of MAP-21, (Pub. L. 112-141, 126 Stat. 405, 786-788, July 6, 2012), mandates the ELD rule. It calls for the Secretary of Transportation to adopt regulations requiring ELD use in commercial motor vehicles (CMVs) involved in interstate commerce, when operated by drivers who are required to keep records of duty status (RODS).
More information can be found by visiting: https://www.fmcsa.dot.gov/hours-service/elds/faqs
H-2B Program likely to be Under More Stress in 2018 By Timothy Herrick www.carnivalwarehouse.com â€˘ 12/6/2017
In early November, representatives of the Outdoor Amusement Business Association (OABA) conducted their second Washington D.C. fly-in of the year. The fly-in that those representatives of the fair and mobile amusement industry participated in was arranged by the H-2B Workforce coalition - a group of about 40 industries who rely on seasonal workers - including seafood processing, amusement parks and hospitality.
The H-2B issue is essentially a bipartisan issue - and Wood said that the latest fly-in resulted in an estimated 30 - to 40 congressmen who "are pro-small business and pro-H-2B" and may be interested in a permanent fix and short term cap relief. But the reality is "it's a political football, there is a tremendous amount of common ground, but it's difficult to get people to realize that the H-2B visas are not a path to citizenship, it's not an immigration issue."
Wood says that the efforts are often sidetracked from opponents on the far right and the far left. The right wing wants to link H2B issues with the now volatile immigration issues, including new travel bans and the lifting of protections for individuals The fly-in had two objectives, one short-term and one long term. covered by DACA(Deferred Action for Childhood Arrival) and The long term -and more elusive goal - was to obtain a more per- the Dream Act (acronym for Development, Relief, and Education manent fix to the H -2B system. There are two bills posted in the for Alien Minors). The left looks at H-2B purely as American worker rights issue. The fact that H-2B neither is a path to citiSenate and Congress - S. 792 and HR 2004, respectively - but they have yet to be introduced at the committee level. According zenship - workers come in then return to their home country - or a workers rights debate - the program requires a good-faith effort to Michael Wood of Wood Entertainment, and chairman of the Government Affairs Committee of the OABA, the only positive be made to recruit American workers as well as other requirements ensuring that no jobs are being taken from American sign was that one of the congressmen supporting H-2B legislation - Billy Long (R-MO), whose congressional district includes workers. Branson, a high user of H-2B workers, told Wood he spoke with But the facts of the issues seem to have little impact on the politiPresident Donald J. Trump on Airforce One and that if a bill cal realities of contemporary American politics. "There's a trewould reach his desk, he "would sign it." mendous amount of common ground between the right and the left on the issue, but it's become a political football," he said. Of course, in the volatile political climate in Washington D.C., reaching that stage is a long way off. So, the more immediate While the labor issues impeded the program during the latter short term goal was to avoid the snarls in the system that hapyears of the Obama administration, it's the anti-immigration ferpened last year when relief of the 66,000 cap was critically devor creating the biggest obstacles for progress. "We did try to get layed during the height of the fair season, causing hardship to something going with the national Hispanic caucus in Congress, most carnival companies. In addition, there is new pressure on but the fact is nothing that is remotely related to immigration will the H-2B worker systems because of an expected shutdown of move forward." one program - J-1 Workers - causing employers using that system to switch to H-2B workers, further thinning the pool of J-1 Threat workers for which carnival companies are struggling to comThe main reason for the fly-in was due a new wrinkle - exactly pete. what this ongoing saga didn't need. A rumor sprang up that anRight now, the system is working under a frustrating and confus- other guest worker program - the J-1 Visa program, which allows ing cap-system - only 66,000 workers are allowed guest-worker individuals to study and work while traveling in the U.S, and the program mainly used by ski resorts was going away. The Trump visas and those visas are split in half, distributed twice a year. The new pressures are now affecting both halves of the distribu- administration has signaled they are looking to shut down the J-1 tion, where in 2017 only the second half was threatened, due to a Visa Program, which meant that there will be more industries new blip where cap relief in terms of a returning worker exemp- vying for the H-2B workers. As a result of that action, Ski retion was delayed because the Department of Homeland Security sorts that normally use the J-1 visa program are now jumping over to the H-2B visa program, increasing competition for visas, (DHS) - who had to approve the legislated exemption - took more than half the Summer to make a decisions. Of course, com- forcing the cap to be reached sooner in the year. "It has become plicating the H-2B legislation has been the inability for the pub- toxic, and there are insufficient numbers of visas to reach this new demand," said Wood. lic, politicians and media to separate the issue from the stew of immigration laws and anti-immigration sentiments now gaining There may be some cap relief for another source, according to popularity. Wood. One version of a bill providing funds for disaster relief and reconstruction due to extreme weather events in Texas, FlorAnti-Immigration Rhetoric ida and Puerto Rico does contain a provision for additional H-2B Wood pointed out in spite of Donald Trump's anti-immigration workers, but like the new J-1 Worker controversy, nothing has rhetoric in both his campaign and as president, that the Trump family businesses use the guest worker visa program, stating that been decided nor has there been any timeline suggested for the decision. his famous Mar-A-Logo resort in Palm Beach uses 80 H-2b workers. "The bottom line is that congress is continuing to do what congress does which is to kick the can down the road to the There are only 66,000 total visas for all employers in all job categories, 33,000 for the first half of the fiscal year (Oct to Mar), next congress." and the balance for the second half (Apr to Sep). The majority of H-2B employers are seasonal businesses - such as carnival comAccording to Wood, "the fly-in was fairly successful; we've panies, but also seafood processing, landscaping, golf resorts, picked up two members of congress. The main difference behotels and restaurants who typically operate when the weather is tween the fly-in is that we are now used to the administration, and we've come to grips with the fact Trump will continue to be favorable - and the first half of the cap is rarely met. But "with president." (Continued on page 15)
the entry of the ski industry back into H-2B in large numbers, the cap will likely be met in early December, and those with a date of need beyond Feb 1 will likely be shut out," said Wood, who said that this situation is "putting further pressure on the second half of the cap, those with dates of need beginning on Apr 1 or later. This cap has always been met in recent years, and those with a date of need beyond Apr will likely be shut out. Whereas in the past, a date of need in May was usually ok, and early June a long shot to get in under the cap."
too little too late. Delays, Cancellations, Lost Revenue Peter Joseph, President of Jolly Shows, says that he had been using guest visa workers for a decade, and while "it was always uncertain, it wasn't too bad, up until 2017."
As Joseph explains, his season was short staffed when his season opened in March, without any H2-B workers. It wasn't until June that he received his first allotment of employees - six, and then because of delay in processing by the Department of Homeland Carnival companies and other members of the Outdoor Amusement industry typically utilize 5,500 visas, with nearly all of them Security, it was until early August he received an additional 10. He originally requested 25, the amount he received last year. falling into the second half of the cap - In FY' 2017 a reported 74,000 visa applications with dates of need being Apr 1 Like other carnival companies, Joseph claims he would rather were submitted to DHS-in other words, nearly 10,000 more hire American workers, but they are just not enough of them inworkers are needed than allowed for under the cap, and some terested carnival work, not to mention able to pass background leeway was made possible with the Returning Worker Exempand drug tests. Joseph said that as usual, he got some bites, but tion, or RWE, which allowed foreigners who had previously nothing panned out. He wound up cancelling an early event and worked in the US on a H-2B visa for any the previous 3 fiscal at subsequent locations, he hired local temp workers, which reyears, be considered a returning worker, exempting them from sulted in similar problems. "I hired about 20, and the next day. I the cap of 66,000. had one guy left," he said. "I used a temp service for ride operaIn 2017, the form of cap relief that came via the RFE was includ- tors, but that was a nightmare too. You wind up training different ed in appropriations bill, which Woods was a strategy that H-2B guys every day, it's time consuming." legislative proponents have used "multiple times in the past. In In addition to cancellations, he delayed some midway openings 2017 this strategy failed, mostly because Legislators do not like to legislate via the appropriations process, and twice before they by a day or day and a half because the manpower shortage extended the set up time. By the end of the summer, with the H-2B had already accommodated us. However our efforts did yield a workers finally onsite, he was able to salvage the season. But it onetime increase via the DHS funding bill." was a very difficult year, not to mention frustrating. "We are not Sole discretion was granted to the Secretary of Homeland Securi- taking away jobs, we are keeping jobs, because without the foreign workers we cannot keep the American workers we do have," ty, John Kelly at the time (Kelly is now White House Chief of he said. "It is just the opposite, because American workers are Staff), who after reportedly much debate decided in July to increase the cap by 15,000 workers, two months after being granted taking these jobs." authority, a period of interaction during a critical time for employing H-2B workers. When the workers finally came, it was (Continued on page 18)
(Continued from page 6)
If a business such as a hotel normally charges guests for damage that they cause, a customer with a disability Where Service Animals Are Allowed may also be charged for damage caused by himself or his Under the ADA, State and local governments, business- service animal. es, and nonprofit organizations that serve the public Staff are not required to provide care or food for a service generally must allow service animals to accompany peo- animal. ple with disabilities in all areas of the facility where the public is normally allowed to go. For example, in a hospi- Miniature Horses tal it would be inappropriate to exclude a service animal from areas such as patient rooms, clinics, cafeterias, or ex- In addition to the provisions about service dogs, the Deamination rooms. However, it may be appropriate to expartment’s revised ADA regulations have a new, sepaclude a service animal from operating rooms or burn units rate provision about miniature horses that have been where the animal’s presence may compromise a sterile en- individually trained to do work or perform tasks for vironment. people with disabilities. (Miniature horses generally range in height from 24 inches to 34 inches measured to the Service Animals Must Be Under Control shoulders and generally weigh between 70 and 100 Under the ADA, service animals must be harnessed, pounds.) Entities covered by the ADA must modify their leashed, or tethered, unless these devices interfere with policies to permit miniature horses where reasonable. The the service animal’s work or the individual’s disability regulations set out four assessment factors to assist entities prevents using these devices. In that case, the individual in determining whether miniature horses can be accommomust maintain control of the animal through voice, signal, dated in their facility. The assessment factors are (1) or other effective controls. whether the miniature horse is housebroken; (2) whether the miniature horse is under the owner’s control; (3) whethInquiries, Exclusions, Charges, and Other Specific er the facility can accommodate the miniature horse’s type, Rules Related to Service Animals size, and weight; and (4) whether the miniature horse’s • When it is not obvious what service an animal propresence will not compromise legitimate safety requirevides, only limited inquiries are allowed. Staff may ask two ments necessary for safe operation of the facility. questions: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been Hope to see everyone in January! trained to perform. Staff cannot ask about the person’s dis- Mike ability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task. • Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, for example, in a school classroom or at a homeless shelter, they both should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility. • A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the dog is out of control and the handler does not take effective action to control it or (2) the dog is not housebroken. When there is a legitimate reason to ask that a service animal be removed, staff must offer the person with the disability the opportunity to obtain goods or services without the animal’s presence. • Establishments that sell or prepare food must allow service animals in public areas even if state or local health codes prohibit animals on the premises. • People with disabilities who use service animals cannot be isolated from other patrons, treated less favorably than other patrons, or charged fees that are not charged to other patrons without animals. In addition, if a business requires a deposit or fee to be paid by patrons with pets, it must waive the charge for service animals.
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(Continued from page 15) He added, "We finally did get some of the workers we needed. I like to be optimistic about everything, but I would like for it to not happen next year, but I don't see it getting better." "I hope and pray every day that congress sees the need to fix the system because with the way the H-2B workers are now, I doubt that our business can continue to survive and thrive into another generation, " said Lisa Weiland, Manager, of Mr. Ed's Magical Midways. The company did wind up with 27 H-2B workers, but because of the DHS delay in approving cap relief, they didn't arrive until August 10th, barely in time for the midway provider to salvage the season.
Clearly H-2B problems are not going away any time soon. It is unclear if there will be the same returning worker exemption next year, and if it is somehow added to another appropriations or spending bill, will a similar DHS delay occur? Future Uncertain Well, no one is certain, but the H-2B coalition and the fair industry have learned to endure frustration and celebrate even minor victories and the slightest glimmers of hope. "But we are really in need of a permanent fix; we are running out of other avenues," said Mick Brajevich of Butler Amusements, who went on the flyin. "We need a real bill."
But getting a real bill requires successfully isolating guest workers from immigration issues. "This is not an immigration issue Mr. Ed's Magical Midways is a fifth generation carnival compa- and we've been trying to explain our case for the last 10 years," ny, and Weiland said it was the worst labor year in the company's said Brajevich. "It has become a hot button issue and people don't history. The midway provider did not cancel any events, but she want to pick a side, and until we can separate us from the immigration issue, they are going to be labeling this immigration." did scale back, meaning about a third less rides and/or concessions at some fairs. There were some American workers, but they mainly worked only a fair or two, and were not on board for Separating it from immigration requires one-on-one meetings the long haul. "They do not want to travel, or give up nights and between coalition members. But more importantly, the OABA which claims 25 percent of its operating funds and staff time are weekends. It was very frustrating." now consumed with H-2B lobbying efforts - has been emphasizLuckily, the fairs were understanding and supportive of their long ing that the individual members and their fair partners and other stake holders in the fair and outdoor amusement industry make -term midway partner, mainly because they were under similar constraints. "The fairs were having a hard time finding workers, their voices known at the local level and meeting with the congressional and senatorial representatives. "We are doing what we so they were going through struggle with labor," she said. "Unemployment is low; you see help wanted signs in all the win- can to spread the word, but I can't say that I've yet to see large dows when you drive around. They were very understanding, but enough numbers of rank and file OABA members and fairs writing letters and meeting with representatives to make a differboth our revenues were down." ence."
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THE GREATER OHIO SHOWMEN’S ASSOCIATION P.O. Box 43 • Pastaskala, OH 43062 GOSA OFFICERS AND TRUSTEES Jo Ellen Alabanese, President David Drake, 1st Vice President Randy Kissel, 2nd Vice President Brandy Daniels, Secretary Treasurer Al Bozich Russell Clements Carmi Kissel Engler Lori Frieling Doug Guinsler Tim Lisko
Jasmine Otterbacher Jeff Otterbacher Louie Pilati Bill Sterling Mike Tedrick
Published on Dec 21, 2017