Service CommitteeAgenda

May 05, 2020

Call to OrderRoll Call

Citizens Approval of the Minutes Village Administrator’s Report

Review of Legislation

New Business EPA NOV reportCT work Authorization for $4000.00 Letter from DMRC and RichDiscuss Draft agreement with County

Discuss sections 921.02 (j) and 941.22 for clarification (Michele and John T to explain) on the charges occupied or unoccupied units. Such as Mr. Mocny in regards to 921.02 (j) and 941.22 and meter changes – Benner Building and Caren Stutzman

Discuss Powers and duties of Village Administrator section 133.02 F regarding W.A.

Still advertising for Operator of Record Class 1 water Class 2 wastewater and a maintenance worker. Old BusinessOrchard Street widening discussion Ohio Edison had almost completed the pole work- O.E. needs easement from Compass Asset Management CT to handle-they got a lot of the information they need from the county’s draft reportAnything else that may properly come before this committee

Adjournment

Service CommitteeMeeting Minutes

April 07, 2020

Scott Weaver called to order at 6 PMRoll CallCommittee Members in attendance: Scott Weaver, Bob Gaglione, Paula Tubalkain

Others in attendance: John Trew, Mayor Clark, Michele Stuck, Maryann Fabianand Ray Schwarz from Neco Moment of silence for the US and our Allies and our first respondersMotion to approve the March minutes by Paula, second by Bob all yeas

Village Administrator’s ReportJohn Trew gave a short review of the water main break that happened on 4/7/2020. It is fixed and the reservoir is filling.

Review of LegislationReview Ordinance 2019-60 tabledReview Ordinance 2020-15

Linda said at the last service meeting it was discussed to keep us in the black we needed to raise rates, $30 for operation (increasing the base rate) in Sewer. Finance discussed it and said that they were fine with the $30 for sewer but also thought there was something for water for capital improvements, various amounts were discussed, $40 for water. Is the service committee is going to support? Bob agreed that that was what was discussed. After much discussion Michele said that it would be neater to be separate. Scott Weaver agreed that it should be separate. Linda asked if they would make a motion to have a water capitol improvement fund at the council meeting. Paula wants to see an ordinance created as a capital improvement for water. The same way as 2020-15 but for water and for Capital Improvements instead operations. As we move forward with the meter – which will come out of operation fund. Linda said that meters would come out of water capital improvement fund. Paula says we cannot just look at the ordinance, and how it was written, and we are doing as a capital improvement, it cannot be in the rate. It should be separate on the bill. Linda explained that the w/s bills can be separated out. Showing water usage, sewer usage water CI and Sewer CI.

Linda said that we need the capital improvement for the reservoir tank replacement later this year and the meters. Hopefully we will not need to advance funds out of the general fund again. Michele said the section 921.08 $2 capital charge for water. So recommend to council to change the $2 to $30. More discussion Paula asked would we leave the $2.00 CI on water and change to $30.00 instead of $2.00. Scott made motion to increase water Capital from $2.00 to $32.00 Bob second motion to make it $32. All yeas.

New Business

Letter from county. Linda sent a letter to commissioners, as requested. She supplied the committee with copies of the reply and reviewed it. They are willing to sit down and talk with us. $16,000 - $18,000 per month. Linda feels we need to lock down on price. Gene wants a meeting, but Linda does not want to do this during COVID-19. Gene asked what we had in mind. Linda said she wants the same thing as we had before. They did more than what their contract was. John feels the same way. We are paying for all of that now. What are the things the commissioners are looking for – the Mantua Village make capital improvements on the needs list is what they want if they take operations over. Reservoir, and the meters are on the list Mantua Village would be doing. They want a commitment to make sure we do more to knock the list down. Also, the County will still continue negotiations for a possible merger. Do you the Mayor to continue on working on a contract for the running and operations of the system? Bob agrees that we need to lock it down but also not to exceed amount, and wedo not have a choice but to move ahead with the capital improvements. Scott asked if it was enough for them, (the capital improvements). John said we are not required to do anything, as long as we are making progress that will make them happy. After the two large projects we will have less money, and the projects will be smaller. Scott said that he wants to move ahead. Bob said it would free up our staff for 2-3 days. Linda said that we do not have to make a motion to kick up to council. Linda will take to council and present. Need clarification on the letter. Contract to provide a service but not take over the whole system. Paula said that we need to agree to a long-term arrangement for 10 years, she wants written in a 3% increase per year. We can only forward a recommendation (Paula).Scott asked if we need to bring in to council, can’t we just agree that Linda can iron it out items before it goes to council. Contract in place before finance. See if we can get the contract established by the 15th before finance. Linda cantry, but it might not be ready until the May finance meeting. Michele wants them to vote to ask the mayor to draft up an agreement with Gene to make a contract for the April meeting. Paula made motion, Bob second all yeas.

Buying and financing new meters for the Village $170,000.00 to $200,000.00 they can finance or Jenny can check into it

Meters with installation $170 for material (Ray Schwarz presented) governmental lease for 3, 5, or 7 years. End material for $1. Can finance low lease rate. 15 – 20 minutes for reading meters per month. The life span is usually20 years. Paula agrees that this is good. Ray explained about some of the bells and whistles on the meters. Can give a report and they can see the information. (customer). Paula said yes to go forward with the proposal. Linda asked Ray for one more cost – quote a back flow with each meter. Back flow, that would double costs the meter replacement. John said that he would not recommend it, Bob said that it would be too much a burden. If we put it in, we have to test it yearly. They are saying it will cost too much money. Paula said that if we do not

take on the extra does it bring a potential law suit. Most home orders will be fine. Mosthome do not have a black flow devise. With everything $170,000 goes to $313,000 to encompass everything. John said that the law is separate and the residential we do not need it. John says not to do it. Paula thinks that EPA will change the law and say we have to do that. John said it would not happen. Paula motioned to go forward Bob second all yeas. This has to go out for bid because of the expense (per Michele), not many other companies that do this. John already has the bid packet started.

Paula motioned to authorize John to do the bid packet and advertise for new meters for the Neptune remote readers, installation and reading apparatus. This is the equipment we want bid. It has to be this equipment. Scott second, all yeas.

Discuss 941.21 (a-b-c-d) codified if you read the codified there is no mention of a grace period. Should there be or not?

Linda read the section of the codified and explained that Maryann had been told that we have been giving a “grace period” of 2 to 3 days. THAT is not in the codified says and did service want to recommend a change? The Mayor if any of service was aware a grace period, all responded no. They said no, but wanted clarification. The codified states due date the 24th. Scott said to enforce what is in place, process what is in the drop box. Michele said to have the received by 4 PM on the 24th of the month. Paula said that it is going to be a little tough to coordinate. Maryann said that it would be 4 PM on the 24th day. I can still do the drop box as the 24th the next working day. Maryann to put a note on the w/s bills stating that the payments are due by/or on the 24th.

Discuss changes to w/s billing and payment plans. 941.21 f all sections

Cannot shut anyone off. Maryann will be sending out delinquent notices to set them up on payment plan, as long as they are on payment plan, no late fee. Michele writing letter for delinquent accounts. Putting payment plan in council packet.

Discuss Mr. Mocny in regards to 921.02 (j) and 941.22 and meter changes

Linda explained. Base rate for each meter, Mayor says Mr. Mocny thinks we he shouldn’t pay base fee for empty units. Something should be in writing from the resident that the unit is empty. Scott thinks they should tell us in writing but the Capitolimprovement has to pay for each unit no matter what but not the base fee. Michele read 941.22, change to be the number of occupied units by the meter. Linda wants to make sure that we follow thru with Tyler Tech. Scott asked Bob for input. Bob said that he agrees, that one lateral going to one meter, and water to the resident landlord should not be billed for unoccupied units. Paula, they shouldn’t have the CI on it?? Read the watermeter for the 7 units and $2 water and $2 sewer for all seven units – they must pay. Butthey a have 7 units and 2 empty base water fee is $45 x 2. Instead of the $45 x 7 in

addition to the water bill. Paula said we need to discuss it more because we are increasing the CI to $32, would that be charge to each of the 7 units. Legislation to the CI charges – per meter or per unit?? John said that we have to stick with legislation because we do not have the luxury to do this. Michele, said that when we started with the one base charge per each unit per each meter. It was changed only a year ago that every unit would be charged. Everyone gets charged the correct amount. Each occupied unit, but then the burden goes on the resident that --- what makes the landlord want to tell us when it is occupied. Each dwelling pays for CI charges (Michele). Paulasays that is what she wants it to say. Bob agrees.

Amendment to occupied units on a meter for the 921.02. We could not keep track of it very easily. John, Tyler Tech does not reoccur like that, on the unit. John said that he will make sure that it is correct.

941.22 master meter to occupy. Change wording in ordinance to occupied units was discussed. No change in the wording was the decision, but to monitor and use our discretion was advised. Bob, Paula and Scott agreed. No motion was made, because nothing was changed.

Resident on Park Street, said he asked Chelsea to have the water shut off, a year ago. What to do? He said/she said. If we are incapable of shutting it off, we should get a finalread. Put something in place final read put it in writing. Then they will know that it is in writing and not he said/she said. Form letter that John writes up and they are responsible for the water. From this point forward water usage. Scott says that we should only charge him $50.17, we should only bill him for the month. No documentation to 3 weeks of water and sewer bill $50.17 and forgive the rest. There was no motion. Bob asked if we charge to turn it on and off. We charge to turn it back on ($25). If the valve box breaks $1800 - $2300.

Main Street - J & L Design moved out several months ago, and the property owner asked if we shut it off, which we cannot shut it off because of Middlefield Bank. They did not let Chelsea know they were moving out. The property owner said that they would pay it.

Village Administrator duties – any bills from CT needs to come before council, Paula said it. Administrator can approve $3000, except for CT are we singling CT out? We have 7 work authorizations for CT waiting on us. Not getting paid because we have not approved. Linda wants everyone to look at that section of the codified. No action let’s move on per Paula.

Still advertising for Operator of Record Class 1 water Class 2 wastewater and a maintenance worker. No one qualified has applied

Old BusinessOrchard Street widening discussion Ohio Edison had almost completed the pole work- O.E. needs easement from Compass –

Sanitary line and manhole on Main at Mill easements complete and filed. Mayor has contacted Workman it should be done end of this week or middle of next week Asset Management CT to handle-they got a lot of the information they need from the county’s draft report

Curb on W. High by Hawkins – John T. working on it

Anything else that may properly come before this committee

Paula needs to bring up on 44 electric pole south of scientist barn, a lot of transformers on it and is bending. Back by Compass, before you get to bridge or car wash. East side.

Service department have paint to repaint benches or do they have to purchase it? Linda said that we were not going to paint them anymore and we would replace wood and varnish/seal them.

The kiosk needs some fixing.

Next week or so, we will be putting up the sun shade (sails ) at the mini park.

Paula moves to adjourn at 8:10, Bob second.

Adjournment

Mike DeWine, Governor Jon Husted, Lt. Governor Laurie A. Stevenson, Director

Northeast District Office • 2110 East Aurora Road • Twinsburg, OH 44087-1924 epa.ohio.gov • (330) 963-1200 • (330) 487-0769 (fax)

NOTICE OF VIOLATION April 22, 2020 RE: Mantua Village PWS

Notice of Violation Drinking Water Program Portage County PWS ID # OH6702212

The Honorable Linda Clark Mayor, Village of Mantua TRANSMITTED ELECTRONICALLY Mantua Village PWS PO Box 775 Mantua, OH 44255

On April 7, 2020, Mantua Village public water system (PWS) experienced a system-wide depressurization. A contractor accidentally struck a water main, causing water to rapidly empty from the broken main. The distribution crew was unable to isolate the leaking line because isolation valves did not fully close. The failure to isolate the leaking line caused not just a depressurization of the local area, but a system-wide disruption to service. During the evaluation of this incident, Ohio EPA observed the following violations of Chapter 6109 of the Ohio Revised Code (ORC) and Chapter 3745 of the Ohio Administrative Code (OAC). SIGNIFICANT DEFICIENCY VIOLATIONS During the evaluation, significant deficiencies were identified. In accordance with OAC Rules 3745-81-60 and 3745-81-61, your public water system shall respond in writing within thirty days of the date of this letter indicating how and on what schedule the public water system will address the following significant deficiencies. Whenever feasible, a public water system shall correct a significant deficiency within thirty days of notification. When a public water system is not able to complete a corrective action for a significant deficiency within thirty days, the system shall submit a plan within thirty days of the date of the notice of violation with a schedule for completing corrective actions, and correct the significant deficiency according to the schedule accepted by the director. Consultation with your Ohio EPA district office representative prior to submitting a plan is encouraged. 1. Distribution – In accordance with OAC Rule 3745-83-01(H): “(1) The owner and operator shall

ensure that all facilities and equipment necessary for the treatment and distribution of water shall be maintained, at a minimum so as to function as intended. (2) In the event that the treatment facilities or equipment no longer function as intended, corrective action (which may include additional maintenance or modifications of the public water system) shall be taken by the owner.”

(a) Mantua Village experienced a line break on April 7, 2020. Village employees were unable

to isolate or contain the line break to limit the area of impact due to inoperable critical valves, causing the entire village distribution system to be depressurized. This inability to isolate or contain the incident also resulted in a village-wide boil advisory.

Subject: Disruption of Service, April 7, 2020, Valve Exercising Program – Facility ID # 6757292 Dear Mayor Clark:

Mantua Village PWS April 22, 2020 Page 2

(b) Failure to maintain and exercise valves on a routine basis and proactively replace aging infrastructure, required under OAC Rule 3745-83-01(H)(1), has significantly impacted the reliable delivery of safe drinking water in Mantua Village.

(c) Corrective action, required under OAC Rule 3745-83-01(H)(2), was taken immediately to repair the water main, including disinfecting and flushing the distribution system. However, the valves that were unable to isolate the incident have not been fixed. This failure to repair will increase the likelihood of a full depressurization happening again.

(d) Within 30 days from the date of this letter, please electronically submit to the email address below documentation that valves are being routinely exercised, and that critical valves that were identified as failing during the depressurization incident have been repaired or replaced.

2. Management and Operations – Asset Management Program – In accordance with OAC Rule

3745-87-02(A)(2), "In order to ensure the long-term viability of public water systems, all public water systems shall demonstrate the managerial, technical, and financial capability of the public water system to comply with this chapter and rules adopted thereunder. Demonstration of capability shall be made through a written description of an asset management program that is acceptable to the director." Additionally, OAC Rule OAC 3745-87-03(B)(4)(b)(vi) states the contents of the asset management program shall include “Maintenance schedules or supporting documentation of the maintenance performed for each of the following as applicable…Distribution system components, including hydrants and valves.”

(a) At the time of the incident, Mantua Village was not able to demonstrate capability since

it did not have this component of the asset management program. No written plan is in place to implement a valve exercising and replacement program.

(b) A valve exercising program helps to assure that valves, especially those deemed critical, are operable in the event they need to be utilized. Critical valves should be identified for exercising on a regular basis, at least annually. All other valves should be exercised at the rate of deterioration known to occur in the distribution system. You should also consider the consequence of failure when determining which valves should be exercised and on what frequency. It is the expectation of Ohio EPA that your valve exercising and maintenance program sets goals, tracks annual results, and provides written procedures for action if the goals are not attained.

(c) Within 30 days of this letter date, please electronically submit to the email address below your written asset management program, demonstrating inclusion of all required content, including a valve exercising program, to this office for review.

REQUIREMENTS 1. Management and Operations – Contingency Plan – OAC Rule 3745-85-01(B) requires “Each

community water system and wholesale system shall prepare and maintain a written emergency contingency plan.” Contingency plans must be updated annually. Within 5 days of this letter date, in accordance with OAC Rule 3745-85-01(C)(4), submit electronically to the email address below a copy of your contingency plan, including the cover sheet showing the last time the contingency plan was updated, to this office for review.

2. Distribution Monthly Operating Reports – OAC Rule 3745-83-01(I)(1) requires “In addition to

any other reporting requirement of Chapter 3745-81 of the Administrative Code, the owner or operator of a public water system required to monitor under paragraphs (F) and (G) of this rule

Mantua Village PWS April 22, 2020 Page 3

shall prepare and submit an operation report for each month of operation on forms acceptable to the director and in accordance with instructions provided by the director. The director may require that the report include the following: (g) Such other information as may be necessary or desirable for the director to carry out the director's duties under Chapter 6109. of the Revised Code.” To ensure that progress continues to be made towards resolution of this issue, Ohio EPA is requesting that the Village submit a Drinking Water Distribution Report in addition to its Monthly Operating Report. A blank template of the Distribution Report is enclosed with this letter.

Please ensure that the Drinking Water Distribution Report is electronically submitted to me at the email address below monthly and on the same schedule as the Monthly Operating Report, no later than the tenth of the month following the month for which the report was prepared. Ohio EPA will begin to look for this report for the month of May 2020, submitted by June 10, 2020.

If you have already resolved the violation listed above, thank you, and please provide documentation supporting compliance. If you have not yet addressed the violation, please submit a compliance plan on how the Village plans to correct the violation cited above. Documentation of steps taken to return to compliance includes written correspondence, updated policies, and photographs, as appropriate, and may be submitted electronically to beth.madis@epa.ohio.gov. Failure to comply with Chapter 6109 of the Ohio Revised Code and rules promulgated thereunder may result in an administrative or civil penalty. If circumstances delay resolution of violations, Mantua Village PWS shall submit written correspondence describing the steps that will be taken and dates when compliance will be achieved. Please note that the submission of any requested information to respond to this letter does not constitute waiver of the Ohio EPA’s authority to seek administrative or civil penalties as provided in Section 6109.23 and 6109.33 of the Ohio Revised Code. If you have any questions regarding this letter, or any other matter involving your water system, please feel free to contact me by email at beth.madis@epa.ohio.gov, or by phone at 330-963-1194. Sincerely, Beth Madis Environmental Specialist Division of Drinking and Ground Waters BM/ams Enclosure: Drinking Water Distribution Report ec: Don Feller David Bowland, Operator Tim Hetrick, Operator Portage County Health Dept. Kathy Metropulos, Environmental Supervisor, Ohio EPA, NEDO, DDAGW

Ohio EPA, Division of Drinking and Ground WatersDRINKING WATER DISTRIBUTION REPORT

PWS NAME PWS ID NO COUNTY PHONE # MONTH YEAR

The best available technology for achieving compliance with the MCL for total coliforms includes maintenance of adisinfectant residual throughout the distribution system and proper maintenance of the distribution system includingappropriate pipe replacement and repair procedures, main flushing programs, proper operation and maintenance of storagetanks and reservoirs, continual maintenance of positive water pressure and backflow prevention. Reference OAC 3745-81-14(F)(2)&(3).

CHLORINE RESIDUAL IN DISTRIBUTION SYSTEM # of samples analyzed # of samples < 0.2 mg/L free OR < 1.0 mg/L combined

BACKFLOW PREVENTION & CROSS CONNECTION CONTROL Total # of service connections, active and inactive, requiring a testable

backflow prevention device for containment. Total # of testable containment backflow prevention devices installed. Total # of containment devices tested this month. Total # of containment devices tested from January 1 to date.____ Total # of containment devices on INACTIVE connections not tested. Total # of on-site surveys from January 1 to date.

COMPLAINTS Total # of complaints received this month. Total # of taste and odor complaints. Total # of discolored water complaints.____ Total # of low pressure complaints.

SYSTEM FLUSHING Total # of hydrants in system. Total # of hydrants flushed (for total system flush) January 1 to date Total # of hydrants flushed at > 2.5 ft/sec from January 1 to date.

____ Total # of hydrants flushed this month for water quality purposes:complaints, dead ends, discoloration, etc.

VALVE MAINTENANCE Total # of valves in system. Total # of valves exercised from January 1 to date.

DISTRIBUTION LINES # of new waterline projects completed this month. # of waterlines replaced this month.

# of waterline breaks this month.

DEPRESSURIZATION # of depressurization incidents (pressure below 20 psi)

Area affected Cause # of bacteriasamples

PublicNotification(yes or no)

Use separate sheet of paper if more space is needed

WATER STORAGE TURNOVERPlease calculate the % fluctuation per each drain/fill event for eachstorage tank

Use separate sheet of paper if more space is needed

_____ Check if additional information is provided on Page 2 documenting additional distribution activities not covered above.

I certify that I have personally examined and am familiar with the data submitted in this MOR; that the data in this report is true,accurate and complete; and I am aware that falsification thereof could result in the imposition of fines and penalties includingrevocation of my certification as a public water system operator.

________________________ __________________________ ________________ Printed name and signature of Operator of Record Certification Number Date

C:\Users\Michele\Desktop\Web Sites\virtualvillagehall\Service 050520\Distribution MOR w_instructions 3-2012.docdoc

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PWS NAME _________________________ PWS ID NO ___________________ MONTH ________________ Year ________

INFORMATION FOR COMPLETING DISTRIBUTION REPORT FORM

CHLORINE RESIDUAL IN DISTRIBUTION SYSTEMMaintenance of a minimum COMBINED chlorine residual of 1.0 mg/L applies only to public water systems that disinfect with chloramines (the addition of ammonia and chlorine). Compliance with maintaining a minimum FREE chlorine residual of 0.2 mg/L applies to all other systems.

BACKFLOW PREVENTION PROGRAMPublic water systems are required to regulate CONTAINMENT backflow prevention devices. These devices protect the public water system from a backflow event which would occur through a service connection. They must be of a testable design and must conform to approved standards (reference 3745-95-06(A)). An ISOLATION backflow prevention device provides protection within a customer’s property and are not regulated by the public water system.

SYSTEM FLUSHINGIn order to scour the walls of a main, a velocity of at least 2.5 ft/sec must be attained. This velocity must be either measured or calculated. Enter the number of hydrants where this velocity has been measured or calculated during the total system flush.

DEPRESSURIZATIONEnter the # of depressurization incidents during the month.AREA - Indicate the area affected or the area that fell below 20 psi for each event.CAUSE - Indicate the cause of the depressurization, e.g. Line break, power failure, repair, etc.# SAMPLES - Indicate # total coliform bacteria samples collected from area affected.PN ISSUED - Indicate whether or not public notification was issued. WATER STORAGE TURNOVER

Enter the calculated % fluctuation per each drain/fill event for each storage tank. For example: if a 100,000 gal tank has a 10,000 galdrop per drain/fill cycle, that tank has a 10% turnover rate. If there are 5 drain/fill events per day, it is still a 10% turnover rate, NOT50%.

C:\Users\Michele\Desktop\Web Sites\virtualvillagehall\Service 050520\Distribution MOR w_instructions 3-2012.docdoc

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Additional Distribution Activities:

PO Box 414Mantua, OH 44255

330-274-0404DMRCemail@gmail.com

Downtown Mantua Revitalization CorporationApril 15th, 2019

Mantua Village Parks BoardVillage of MantuaSubject: Buchert Park Walking Trail Extension – Request for Grant Application to the ODNR NatureWorks Program

Ashlee HawkinsChair

Dear Ms. Hawkins,

The DMRC would like the Parks Board to consider applying for a grant to complete the Buchert Park Walking Trail Extension. Funding is available from the Ohio Department of Natural Resources – Outdoor Recreation Facility Grants – NatureWorks.

The ODNR NatureWorks program will grant up to $150,000 for an individual project. A minimum of 25% matching funds are required. The DMRC would supply the matching funds; no funding from Mantua Villagewould be required.

Please see http://realestate.ohiodnr.gov/outdoor-recreation-facility-grants for complete information regarding ODNR NatureWorks grants schedules and application requirements. The next application deadline is June 1 st, 2019.

There is an existing paved portion of the Buchert Park Walking Trail which parallels the Cuyahoga River along the south side of the park. The proposed completion of the Buchert Park Walking Trail Extension would start at the east end of the existing Buchert Park Walking Trail; then proceed north to the High Street right of way; then west along thesouth side of High Street to the west boundary of Buchert Park; then south along the along the park border with Mantaline to intersect the existing trail at the southwest corner of the park. Please see Attachment 1. Exact path, construction and supporting documents for the application to be determined by the Parks Board, Village Administrator, CT Consultants and the DMRC.

The remaining trail extension would be constructed in the same manner and with the same materials as theexisting portion; asphalt over gravel and about five feet in width.

A preliminary cost estimate is based on the below:

length of proposed extension in feet c. 1,200 length of existing portion in feet c. 1,400

ratio of proposed portion to existing portion 0.86 cost of existing portion in 2017 $ 44,700

cost of proposed extension in 2017 dollars $ 38,314 adjustment for inflation to 2019 dollars at 3%/year - 6% $ 40,613

25% matching funds provided by DMRC $ (10,153)balance of funds provided by ODNR grant $ 30,460 total project - preliminary cost estimate $ 40,613

The DMRC believes incremental improvements and additions to the recreational facilities of Mantua Village, along with other civic revitalization projects, are a significant portion of the quality of life in this historic Ohio community.

Please advise the below if you have any questions or if the DMRC can be of assistance. Thank you.

Signed - DMRC Grants Committee, Buchert Park Walking Trail Extension Sub-committee. Terri Vechery, Greg Balbierz, Ted Bixler, Edie Benner.

Cc: Mayor Linda Clark, Village Administrator John Trew, Jennifer Brown CT Consultants, DMRC Group

Attachment 1

WATER and WASTEWATER CONTRACT SERVICES AGREEMENT

This Agreement made and entered into this day of , 2020, by andbetween the Village of Mantua by its Mayor, duly authorized by the Mantua Village Council byOrdinance No. 20 20 - XX adopted on the XX day of ??? , 2020, hereinafter referred to as the"Village" and the County of Portage, State of Ohio, duly authorized by its Board of CountyCommissioners' Resolution No. ??? adopted on the XX day of ??? , 2020,hereinafter referred to as the "County" and collectively referred the “Parties”.

WITNESSETH:

WHEREAS, the Village owns a Water Treatment Plant and a Wastewater TreatmentPlant, which it is authorized to operate, and desires to have the County act as Operator of Recordfor the Village of Mantua’s Water Treatment Plant and Wastewater Treatment Plant;

WHEREAS, the County is a political subdivision of the State of Ohio and is dulyqualified and able to provide the services requested by the Village as described herein;

WHEREAS, the Village and the County desire to enter into a relationship whereby theCounty will act as Operator of Record for the Village’s Water Treatment Plant and WastewaterTreatment Plant by providing the necessary services to the Village, according to the terms andconditions mutually agreed upon by the Parties;

NOW, THEREFORE, based upon the foregoing premises and promises containedherein, the Parties agree as follows:

I. Scope of Services

A. The County will provide the following services for the Village’s Water Treatment:

1. The Village’s Water Treatment Plant is a Class I system identified as of the date of thisAgreement by Ohio PWS ID No. 6702212.

2. The County and the Village agree that during the term of this Agreement that both willcomply with all applicable federal, state and local laws, rules and regulations including, butnot limited to, Operator of Record - Rules in the Ohio Administrative Code, as promulgatedby the Ohio Environmental Protection Agency (EPA) as they relate to Water TreatmentPlant and Distribution System and the Village shall meet all of its requirements as it relatesto ownership of its water facilities.

3. The County shall operate the Water Treatment Plant as the Operator of Record including thetesting required by the Ohio EPA relative to the operation of the system, reporting to theOhio EPA and Village. The County will provide to the Village professional and technicalsupport as needed and as requested by the Village repair the Water Treatment Plant andBooster Station.

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a. The County will provide professional and technical support to oversee theoperation of the Water Treatment Plant, Booster Station and Water DistributionSystem to ensure that the potable water is being properly treated and testedpreparing daily operation sheets, quarterly reports and annual reports as needed.

b. The County will test chlorine residual daily at entry points and sites in theDistribution System. The County will sample and test per the current Ohio EPAissued Entry Point and Distribution Schedules (See Exhibit A, 3 pages). Any andall test results are to be routinely communicated directly to the Village.

c. The County shall provide routine maintenance in order to retain the condition of theWater Treatment Plant and Booster Station in the condition found on the first day ofthe Agreement. Maintenance shall be defined as routine and does not includerequired repairs. Routine maintenance shall be defined as not more than can becompleted on a weekly average of four (4) man-hours.

d. The County shall inform the Village of all recommended repairs and the estimate costfor the County to make the repair when the repair is not an emergency to maintainservice and when material or equipment purchase(s) is in excess of Five HundredDollars ($500) per incident or additive in excess of Two Thousand Five HundredDollars ($2,500) per month for Village Water Treatment Plant. The Village shall beresponsible to make the determination to have the repairs made, in non-emergencysituations and in excess of limits set above, by the County or by an alternativemethod and provide for the necessary payment of associated cost in advance ofrepair.

e. The County will act as Operator of Record for the Village’s Water TreatmentPlant, Water Distribution System, Reservoir Drive Booster Station, turning valvesand flush fire hydrants as needed to maintain water quality. The County does notperform the annual Fire Hydrant Flushing and testing Program, the Village if it soelects to complete shall provide an agreed upon additional amount to the County,perform the duties in some other manner or not perform the program, however, ifthe Village decides to complete the work they shall notify the County so it isaware of the scheduled additional water demand at least two (2) weeks inadvance. If the Village elects not to complete a Fire Hydrant Flushing and testingProgram then they shall address all water quality issues with their customers. TheCounty’s duties include completing monthly distribution EDWR's and submittingthe information to the Ohio EPA and the Village. The County shall provide to theVillage all analytical data for their annual Consumer Confidence Report, forwhich the Village remains responsible to publish. The County will have directcontrol over the testing of the water contained within the Village's distributionsystem. All services will be performed by the County or pursuant to the County’sdirect instructions. The County shall provide necessary staff all of whom are incompliance with any applicable laws and the rules and regulations of the OhioEPA. The Village recognizes that the County is required to notify the Ohio EPAper their regulations, in all incidents where the County so notifies the Ohio EPA itshall copy the Village on all correspondence.

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f. The County will have free access to the Water Treatment Plant and WaterDistribution System and Facilities during all times necessary to perform the dutiesoutlined in this Agreement.

g. During regular business hours all records, documents, memorandum,requirements, and reports relating to the Ohio EPA requirements in connectionwith the Water Treatment Plant and Distribution System and Facilities shall bemade available by the Village to the County.

h. During regular business hours all records, documents, memorandum,requirements, and reports relating to the design, construction and maintenance ofthe Water Treatment Plant and Distribution System and Facilities shall be madeavailable by the Village to the County.

i. This Agreement will include 7-day per week coverage.

j. Any changes to the current regulations issued by the Ohio EPA for the Village’sPWS which increase the operating expenses shall be reimbursable from the Village tothe County and shall be cause for the County to update its costs in accordance withSection III of this agreement.

B. The County will provide the following services for the Village’s Wastewater Treatment:

1. The Village’s Wastewater Treatment Plant is a Class II system identified as of the date ofthis Agreement by Ohio EPA NPDES Permit No. 3PB00031*KD (Exhibit B, 36 pages).

2. The County and the Village agree that during the term of this Agreement that both willcomply with all applicable federal, state and local laws, rules and regulations including, butnot limited to, Operator of Record - Rules in the Ohio Administrative Code, as promulgatedby the Ohio EPA the Wastewater Treatment Plant and Collection System and the Villageshall meet all of its requirements as it relates to ownership of its wastewater facilities.

3. The County will be the Operator of Record for the Village’s Wastewater Treatment Plant ,Pump Stations and Collections System, including the testing required by the Ohio EPArelative to the plant operation, reporting to the Ohio EPA and Village. The County willprovide to the Village professional and technical support as needed and when requested bythe Village repair the Wastewater Treatment Plant and Pump Stations. The County will notrespond to Sanitary Sewer Overflows, Water in Basement and similar Collection Systemcomplaints unless requested to do so by the Village and all costs incurred by the County toprovide any additional services shall be paid by the Village.

a. The County will provide professional and technical support to oversee theoperation of the Wastewater Treatment Plant, Pump Stations and CollectionSystem, in so far as operator of record is concerned to ensure that the wastewateris being properly treated and tested, preparing daily operation sheets, quarterlyreports and annual reports as needed. Any problems observed in the CollectionSystem by the County shall be reported to the Village for resolution.

b. The County will take the necessary tests required by the Ohio EPA as provided

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for the current EPA NPDES Permit No. 3PB00031*KD. All test results are to beroutinely communicated directly to the Village and to the Ohio EPA whenrequired.

c. The County shall provide routine maintenance in order to retain the condition of theWastewater Treatment Plant and Pump Stations in the condition found on the firstday of the Agreement. Maintenance shall be defined as routine and does not includerequired repairs. Routine maintenance shall be defined as not more than can becompleted on a weekly average of four (4) man-hours.

d. The County shall inform the Village of all recommended repairs and the estimate costfor the County to make the repair when the repair is not an emergency to maintainservice and when material or equipment purchase(s) is in excess of Five HundredDollars ($500) per incident or additive in excess of Two Thousand Five HundredDollars ($2,500) per month for Village Wastewater Treatment. The Village shall beresponsible to make the determination to have the repairs made, in non-emergencysituations and in excess of limits set above, by the County or by an alternativemethod and provide for the necessary payment of associated cost in advance ofrepair.

e. The County will act as Operator of Record for the Village’s WastewaterTreatment Plant, Collection System, and three pump stations (N. River, E HighSt. by Park and Ambler Lane); duties include completing Monthly OperatingReports and submitting the information to the Ohio EPA and the Village. TheCounty shall not be obligated to completing more than four (4) man-hours perweek in meeting the Ohio EPA’s Operator of Record requirements in theVillage’s Collection System. In the event the Village elects to have more workdone, then anything above four (4) man-hours per week shall be paid for by theVillage to the County at the County’s cost. The County will have direct controlover the testing of the wastewater contained within the Village's treatment plantand collection system. All services will be performed by the County or pursuantto their direct instructions. The County shall provide necessary staff all of whomare in compliance with any applicable laws and the rules and regulations of theOhio EPA. The Village recognizes that the County is required to notify the OhioEPA per their regulations, in all incidents where the County so notifies the OhioEPA it shall copy the Village on all correspondence.

f. The County will have free access to the Wastewater Treatment Plant andCollection System and Facilities during all times necessary to perform the dutiesoutlined in this Agreement.

g. During regular business hours all records, documents, memorandum,requirements, and reports relating to the Ohio EPA requirements in connectionwith the Wastewater Treatment Plant and Collection System and Facilities shallbe made available by the Village to the County.

h. During regular business hours all records, documents, memorandum,requirements, and reports relating to the design, construction and maintenance ofthe Wastewater Treatment Plant and Collection System and Facilities shall be

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made available by the Village to the County.

i. This Agreement will include 7-day per week coverage.

j. Any changes to the current regulations issued by the Ohio EPA for the Village’sNPDES Permit which increase the operating expenses shall be reimbursable from theVillage to the County and shall be cause for the County to update its costs inaccordance with Section III of this agreement.

C. Village of Mantua shall retain responsibility for grass mowing and snow plowing at all waterand wastewater facilities. If the Village elects to have the County provide grass mowing andsnow plowing services the County shall provide said services and charge the Village the actualcosts associated with service delivery.

D. The Village will provide Operations Impact Notifications and relay of SCADA Alarms:

1. The Village shall inform the County of all issues which may impact the operation of ormaintaining regulatory compliance with the operation(s) of the Village’s Water Facilities andWastewater Facilities. In the event that the Village fails to identify or inform the County thatoperations could be impacted then the Village shall pay the County all increased costs associatedwith maintaining the Village’s Water Facilities and Wastewater Facilities that are identified bythe County as being contributed to by the Village’s failure to identify and inform the County.

2. The Village agrees that during the term of this Agreement that they will relay to theidentified County employee on call all alarms generated by their Supervisory Control andData Acquisition (SCADA) system as they relate to the operation of both the WaterTreatment Plant and Wastewater Treatment Plant.

E. Without limiting its responsibilities, obligations, duties, and authority of ownership, the Villageacknowledges the list of ownership needs provided in Schedule 1, below, prepared by theCounty with opportunity for comment from the Village, and acknowledges that the Village’sfailure as owner of the facilities to take all necessary actions to complete the work outlinedbelow within the identified time frame, unless specifically waived by the County, may promptthe County to exercise its right of at-will termination of this agreement in accordance withSection VI of the agreement:

Schedule 1.

a. Village shall complete the following improvements to their Water Facilitiesi. Within one year of Agreement Execution

1. Customer Meter Upgrade Project2. Booster Station Storage Facility3. Provide Funding for Items Identified through Life Cycle Analysis

ii. Within two years of Agreement Execution1. Upgrade SCADA System2. Restore Well Pump #1 to operate automatic& Clean Well3. Well #2 & #3 rebuild/replace pump and Clean Well4. Rebuild/replace HS #1, 2 & 3 pump and motor

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5. Replace three (3) HS Pump Discharge Valves iii. Within four years of Agreement Execution

1. Replace Mercury Switch Level Controls in Clearwell2. Purchase and install second pump for EQ tank3. Develop a Wellhead Protection Program

iv. Within six years of Agreement Execution1. Water Distribution System Replacement Projects2. Replace “likely” lead service laterals3. Loop Water Distribution System4. Interconnect with PCWR Water System

b. Village shall complete the following improvements to their Wastewater Facilitiesi. Within one year of Agreement Execution

1. Influent Screening - Install an automatic fine screening device2. Oxidation Ditch - Clean the #2 Oxidation Ditch3. Provide Funding for Items Identified through Life Cycle Analysis

ii. Within two years of Agreement Execution1. Influent Wet Well Cleaned & Relocate Electric MCC from Room2. SCADA - Upgrade WWTP and Pump Station SCADA System 3. Pump Building - Replace HVAC and insulate building4. Flow Meters - Calibrate5. Back Flow Devices - Conduct Study and replace/repair6. Install new "chopper" pumps at the North River PS7. Backup Power - Convert all equipment to automatic restart8. Bulk Chemical Storage- Construct Building Addition9. Electrical Outlets - Replace with GFI outlets

iii. Within four years of Agreement Execution1. Repair or Replace scum pit sump pump (5 HP)2. Clarifiers - Repair Broken valves between the Clarifiers3. Raw and Effluent Monitoring - Replace Meters/Probes4. Blowers - Provide a safe method for blower removal5. Repair and Clear Perimeter Fence

iv. Within six years of Agreement Execution1. Mud Valves (4) - Replace corroded stems 2. RAS Pumps - Replace VFDs on RAS pumps3. Aerobic Digester - Drain, clean, replace diffusers4. Clarifiers - Construct walkway around each5. Clarifiers - Improve skimmer system6. Grit Removal-Enclose exterior to prevent freezing7. WAS piping - Install heat tape and insulation8. Blowers - install VFDs on the blower motors9. Sludge Disposal - Research most economical method10. Sludge Holding Tanks - Repair or Remove if not needed)11. I/I Collection System Repairs

v. Items to Consider during the 10-year life of Agreement1. Lab Building - Enlarge for addition space2. Workshop - Provide a workshop/area

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F. The County will provide services as needed for the Village’s Water and Wastewater Systems:

1. The County and the Village agree that during the term of this Agreement that the County willprovide the Village with any additional services, such as extended emergency response, that theVillage determines it may need to maintain the Village’s plants, distribution and collectionsystems. Extended emergency response is defined as any callout(s) in water in excess of onecallouts per week or as any callout in wastewater in excess of one callouts per week with amaximum time spent for each callout of three (3) man-hours after which the Village agrees topay the County the additional cost.

2. When and where possible the County shall attempt to use the best and least expensive methodto provide the services requested by the Village. The Village and County agree that there is nomeans to determine a future need but agree to work cooperatively towards the best and leastcostly resolution. The Village understands that based on the need the least expensive employeemay not be available. The Village shall pay the County all costs associated with a requestedresponse for additional services or extended emergency response.

3. The Village retains the right to select any and all methods at its disposal to maintain, repair andreplace its Water and Wastewater systems. The County shall report all identified needs to theVillage at which time the County’s obligation as Operator of Record ends and the Villagebecomes responsible to the Ohio EPA as owner of the utilities.

II. Relationship Between the Parties

1. The Parties agree that the relationship created by this Agreement is that of an employer-independent contractor. The Village shall have no control or supervision of the County as tomanner of work; however, all services rendered hereunder shall be performed in accordancewith this Agreement and subject to the Village’s continuing right of inspection and evaluation.

III. Compensation for Operator of Record Services:

1. The Village will be invoiced monthly in advance by the County for services of LicensedOperators, having the minimum requirements of a Class I Drinking Water and a Class IIWastewater Operator certification and skilled mechanics and supervision, on the effective dateof this Agreement the starting rate of Eighteen Thousand Seven Hundred Thirty-Two Dollarsand Seventy-One Cents ($18,732.71) per month including truck and hand tools, lump sum, asmodified by the County from time to time over the life of the Agreement based on increasedlabor costs, or as otherwise allowed hereunder.

2. The Village shall pay the monthly invoice in full to the County in advance on the first (1st) dayof each month. The Village acknowledges the necessity of this provision, for the reason that theCounty may only expend funds collected from its own sewer district(s) for the use and benefitof those district(s), and further acknowledges that a failure to make timely payment will resultin the inability of the County to perform the services under this agreement.

3. Additional Services requested by the Village will be provided at an hourly rate based onAttached Exhibit C and D, as modified by the County from time to time based on increasedlabor and operating costs. In the event that the work effort requires overtime the Village agreesto accept the increased cost. Such events include, but are not limited to, water hydrant flushing

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efforts undertaken by the Village and scheduled at any time other than Monday through Friday8:00 AM to 4:30 PM, water main breaks or power failures shall be cause for the County torequest overtime to cover the water treatment plant staffing.

4. Additional Services requested by the Village requiring specialized equipment shall be billed ata rate agreeable to both the Village and the County.

5. In addition to its rights hereinabove, the County may modify the rate charged upon writtennotice to the Village when any improvement, update, expansion or change of any nature to anyof the facilities or systems identified herein is made, authorized, ratified, or allowed by theVillage, or upon any new or revised requirement of any federal, state or local law or regulation,that results in additional cost to the County to perform the services described in this agreement.

6. In furtherance of the County’s performance of subsections I(A)(3)(d) and I(B)(3)(d) of thisagreement, and for any reimbursement required under subsections I(A)(3)(j) and I(B)(3)(j), andfor the reason that the County may only expend funds collected from its own sewer district(s)for the use and benefit of those district(s), the Village shall provide at all times a retainer in theamount of Five Thousand Dollars ($5,000.00), to be held by the County and used in accordancewith the provisions aforementioned, and to be replenished as consumed upon appropriateaccounting by the County, due upon invoice. What remains of the retainer at the termination ofthe contract shall be returned in full to the Village, or otherwise lawfully released at theVillage’s direction.

IV. Effective Date & Term

1. This Agreement is entered into as of the last date of signature by the part(ies) and shall remain ineffect for ten (10) years therefrom. The Village and the County agree to cooperate in setting thedate for the County to proceed with performance, which date shall not be earlier than a date onwhich the County is able to meet staffing requirements.

V. Terms and Conditions

The County shall be neither responsible nor liable for any delays or failures in performance resultingfrom acts beyond its reasonable control including, without limitation, acts of God, acts of war orterrorism, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computerfacilities, or loss of data due to power failures or mechanical difficulties with information storage orretrieval systems, labor difficulties or civil unrest. Notwithstanding the foregoing, in the event of suchan occurrence, the County agrees to make a good faith effort to perform its obligations hereunder.

The County shall be neither responsible nor liable for any delays or failures in performance resultingfrom action or inaction of the Village, and the same will not be cause for any reduction incompensation due, to be due, or paid hereunder.

The County is designated as an independent contractor for purposes of this Agreement.

All services rendered hereunder by the County shall be performed in full compliance with any and allapplicable laws, regulations, and rules adopted by any governmental agency or regulatory body.

The County shall provide the Village with documentation of current 'Operator of Record' licensure

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certification at all times this Agreement is in effect.

The Village shall maintain general liability insurance, with minimum limits of One Million Dollars($1,000,000.00) to cover any claims arising out of the Village's Operations in Portage County underthis Agreement. The County shall be listed as an additional insured on the Village's general liabilityinsurance. The Village shall provide proof of insurance to the County.

Each Party shall remain responsible for its own acts or omissions and/or those of their agents oremployees related to the execution of the duties under this Agreement.

No failure or failures to insist on the strict performance of the requirements of this agreement, whetherexpress or implied, shall operate or be construed as a waiver of the requirements of this agreement.

VI. Termination of Agreement

This Agreement can be terminated by either the County or the Village upon thirty (30) days advancewritten notice by either party.

If the Village elects to terminate this Agreement prior to the expiration date then the Village shall payas a lump sum the remaining balance calculated by multiplying the current monthly rate times thenumber of months remaining until the expiration of this Agreement. Said payment shall be made tothe County prior to termination of this Agreement.

The Village and County agree if the Village elects to transfer to the County and the County Elects toreceive the Village’s water and wastewater facilities then this agreement shall terminate on the datethat the transfer occurs.

If the Village is otherwise divested of ownership or the authority to operate the Village’s water andwastewater facilities, then the agreement shall terminate as though the Village had elected to terminatethe agreement, unless the County agrees in writing to continue the agreement under the same termswith the subsequent owner or entity with authority to operate.

VII. Assignment

Neither this Agreement nor any rights, duties, or obligations described herein shall be assigned byeither party hereto without the prior express written consent of the other party.

VIII. Modification

The Parties agree that any modification or revision or amendment to this Agreement shall be inwriting and signed by both of the Parties.

IX. Liability Cap

THE AGGREGATE LIABILITY OF THE COUNTY WITH RESPECT TO THIS AGREEMENT ORIN CONNECTION WITH THE PERFORMANCE, DELIVERY OR PROVISION OF ANYSERVICE PROVIDED UNDER THIS AGREEMENT SHALL BE LIMITED TO THE FEESPREVIOUSLY PAID TO IT BY THE VILLAGE HEREUNDER FOR THE THREE (3) MONTHSIMMEDIATELY PRECEDING THE CLAIM; PROVIDED, HOWEVER, THAT THE FOREGOINGLIMITATION OF LIABILITY SHALL NOT APPLY TO A CLAIM ARISING OUT OF GROSS

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NEGLIGENCE OR WILLFUL MISCONDUCT.

X. Governing Law and Severability

This Agreement shall be construed, interpreted, and the rights of the Parties determined, in accordancewith the laws of the State of Ohio, and any action to enforce the terms of this Agreement shall bebrought in Portage County, Ohio.

The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validityof any other provision. If any provision of this Agreement is held to be invalid, the parties agree thatthe remaining provisions shall be deemed to be in full force and effect as if they had been executed byboth parties subsequent to the expungement of the invalid provision.

X I . Dispute Resolution; Performance to Continue During Dispute

Upon written notice of any dispute arising out of or relating to this Agreement, including the allegedbreach, validity, interpretation and performance thereof, the parties shall attempt to resolve it promptlyby entering into good faith negotiations. The parties shall meet to attempt, in good faith, to resolve thedispute by negotiation, directly or through the assistance of such advisors as they may engage. If,within seven (7) days, the parties do not reach agreement on the resolution of the dispute, the partiesmay resort to litigation or any other dispute resolution procedure, including mediation at agreed-uponterms.

While any dispute is ongoing, each party shall continue performing its obligations under thisAgreement that are not the subject of the dispute.

(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK)

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IN WITNESS WHEREOF, the County and Village have caused this Agreement to be executed intheir respective names by their duly authorized officers as of the date herein above written.

VILLAGE OF MANTUA PORTAGE COUNTY COMMISSIONERS

Linda Clark, Mayor Kathleen Clyde

Witness Sabrina Christian-Bennett

PORTAGE COUNTY WATER RESOURCES Vicki A. Kline

Eugene K. Roberts P.E., Director

APPROVED AS TO FORM

Village Solicitor Assistant Prosecuting Attorney

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CERTIFICATE OF FUNDS

It is hereby certified that the amounts required to meet the contract set forth above for 2020 havebeen lawfully appropriated, authorized or directed for such purpose and are in the treasury or inthe process or collection to the credit of the appropriate fund free from any obligation orcertification now outstanding.

___________________________ __________________________Jenny August, Clerk-Treasurer Date

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921.02 (j)(j) The base rate stated herein (0 to 235 CF) shall be charged for each dwelling or commercial unit regardless of the number of units on a single meter.

941.22 MASTER METER. Where one meter serves multiple industrial, commercial or residential units, charges shall be as follows: the monthly minimum charges shall be multiplied by the number of units served by the meter for consumption up to the base rate threshold multiplied by the number of units on the meter, and the tiered rates shall be charged for the tiered rate volumes multiplied by the number of units on the meter. (Ord. 2018-58. Passed 11-20-18.)

133.02 POWERS AND DUTIES.

The Village Administrator shall have the powers, duties and functions as provided by the general laws of the State of Ohio, including, but not limited to, the following:

(a) The Village Administrator appointed under section 735.271 of the Revised Code shall manage, conduct, and control the water and sewer works, or other similar public utilities, furnish supplies of water, collect all water and sewer rents, and related duties as authorized under Mantua Codified Ordinances Part Nine, Title Three. The rates for service and charges for municipally owned utilities shall be determined by the legislative authority of the village.

(b) Is responsible for the efficient and effective operation, coordination and oversight of services provided by the Village such as snow removal and street maintenance; mowing, maintenance of villagegovernmental and public buildings and facilities, park and cemetery; brush and leaf pickup; storm and sanitary sewer systems, water treatment and distribution and waste water treatment, and shall supervisethe improvement and repair of the above.

(c) The Village Administrator may make such bylaws and regulations as he deems necessary for the safe, economical, and efficient management and protection of such works, plants, and public utilities. Such bylaws and regulations, when not inconsistent with village ordinances and resolutions or the constitution of this state, shall have the same validity as ordinances.

(d) The Village Administrator shall have the same powers and perform the same duties as are provided in Sections 743.05 to 743.07, inclusive, 743.10, 743.11, 743.18, and 743.24 of the Revised Code, and shall perform all duties and shall have all powers of boards of public affairs and street commissioners as prescribed by law, except as otherwise provided by Sections 735.271 through 735.273 of the Revised Code.

(e) Has authority to make contracts, purchase supplies and materials and provide labor for any work under his/her supervision involving not more than $50,000, including but not limited to making contracts for the building of machinery, water-works buildings, reservoirs, and the enlargement and repair thereof, the manufacture and laying down of pipe, the furnishing and supplying with connectionsall necessary fire hydrants and keeping same in repair, provided, however, that such contracts do not exceed the sum of three thousand dollars ($3,000). This Council deems any purchases and/or contracts

exceeding $3,000 to be non-routine transactions and are subject to the provisions of subsection (f), herein.

(f) Any purchases exceeding three thousand dollars ($3,000) must first be approved by the Service Committee and then by Council. Exceptions to this policy are as follows:

(1) Utilities as these are by their very nature routine;

(2) Payroll transactions as they are approved in the annual payroll ordinance approving all positions and their pay rates.

(3) Debt Obligations: Council approves all debt obligations and the respective payment schedule including interest.

(4) In the event of an emergency, the Village Administrator may consult with the Mayor and Chairperson of Finance to enter into an agreement with a vendor to eliminate the emergency. However,at the earliest possible time, the Village Administrator must provide Council with the nature of the emergency and all related expenses for retroactive express permission through resolution in conformitywith relevant requirements of the Ohio Revised Code.

(g) Contracts and purchases in excess of $50,000 shall be made in conformance with Ohio Revised Code Sections 735.05 through 735.07 and all other relevant provisions of law.

(h) The Village Administrator shall appoint officers, employees, agents, clerks, and assistants, provided such positions are first authorized by the legislative authority of the village; but such appointments shall be subject to approval by the Mayor. Such appointments and the Mayor's approval thereof shall be in writing, and shall be filed with the Village Clerk.

(i) Directs, supervises and coordinates work activities of all employees under position supervision, anddetermines and assigns work projects as well as work schedules for said employees.

(j) Creates a supportive and responsive work environment for employees, which includes regular staff meetings, employee evaluations and implementation of performance improvement plans as needed.

(k) Is responsible for employee motivation and discipline including coaching, corrective counseling and oral or written reprimands, suspensions or terminations in accordance with established policies. Shall comply with all provisions of the Village of Mantua Employee Handbook and ensure that all employees under his supervision are in compliance with same.