1

RECORD OF PROCEEDINGS

MEETING OF THE LORDSTOWN VILLAGE BOARD OF PUBLIC AFFAIRS

1455 Salt Springs Road, Lordstown, Ohio

February 12, 2013

4:00 p.m. to 5:45 p.m.

IN ATTENDANCE: Mr. Kevin Campbell, President

Mr. Thomas Dieter, Vice-President

Mr. John Gillespie, Board Member

Mr. L. Bruce Platt, Supt. of Utilities

Ms. Cinthia Slusarczyk, Clerk

Mr. Ron Radtka, Utility Committee

Mr. John Mansell, Utility Committee

RECORD OF PROCEEDINGS taken before me, DEBORAH

LAVELLE, RPR, a court reporter and Notary Public within and

for the State of Ohio on this 12th of February, 2013.

MR. CAMPBELL: I will go ahead and call the meeting to order.

Please stand for the Lord's Prayer and the Pledge of

Allegiance.

(The Lord's Prayer and Pledge of Allegiance are recited at this

time.)

ROLL CALL:

MR. CAMPBELL: Cindy, will you do roll call please.

MS. SLUSARCZYK: Kevin Campbell.

MR. CAMPBELL: Here.

MS. SLUSARCZYK: Thomas Dietz.

MR. DIETZ: Here.

MS. SLUSARCZYK: Bruce Platt.

MR. PLATT: Here.

MS. SLUSARCZYK: Cinthia Slusarczyk.

MR. CAMPBELL: I thank you gentlemen again for joining us. We

do appreciate your cooperation and helping us work through a

couple issues.

1. Water Service Agreement

MR. CAMPBELL: The first one on our agenda is the water service

agreement. Did you guys get a copy of either the red lined

or the clean one that Paul put out? There's a red lined one

and then there was a clean one. I don't know which one your

printer -- which one you want to reference.

MR. GILLESPIE: Here's a clean one.

MR. CAMPBELL: I read through it, and I know there was -- I

appreciate the help from -- I know -- I think John and Cindy

worked with trying to get the bond that we wanted in here for

the deposit. Because originally he put $1,000 deposit down,

and I sent him an e-mail before he had a list to work with.

So I figured he read that and put in what he felt was the

appropriate thing to do. So I'm like well, that's pretty

close. And then when Cindy verified they just plugged that

in as a place holder and really didn't, I guess, put some

consideration into what I had sent him, then we started moving

forward with something that I feel is more appropriate. Do

you guys want to go through it like we did originally, or do

you just want to have some points that you marked up.

MR. GILLESPIE: I didn't have any points.

MR. DIETZ: I didn't have any points I marked.

MR. CAMPBELL: Again, one of our biggest things, at least that

was weighing on my shoulders, was what to do with the deposit.

MR. GILLESPIE: We don't have a deposit.

2

MR. CAMPBELL: Well, it's a bond. And it's our feel-good

coverage.

MR. GILLESPIE: Actually it should be easier for them.

MR. CAMPBELL: I don't mean to be ignorant, but how does that

work for them? What do they need to do? They need to go get

an insurance bond.

MR. GILLESPIE: And I think that's a percentage.

MR. CAMPBELL: They pay a percent of the $10,000 to get a bond?

MR. RADTKA: Usually it's 10 percent.

MR. CAMPBELL: And we'd be covered up to $10,000. I like that

much better than just having $1,000 deposit. Is it easy to

exercise?

MR. RADTKA: Yes.

MR. CAMPBELL: I mean, I've never been through -- not from

their side but from our side, if we need it say down the road

a few --

MR. GILLESPIE: The Utility Committee should answer that

because you had one on some of the contractors. I don't know.

I would think it would be easy.

MR. MANSELL: It would be the same thing with the contract,

when the Village had a contract, they had to put up a bond like

that. And the Solicitor will just pursue it if you don't get

what you're -- it's all up to the Solicitor.

MR. DIETZ: Like a bail bondsman too, you put up so much

collateral.

MR. RADTKA: If the Water Board would have to go after them

for the collection, you'd have to hire the Solicitor to go after

them.

MS. SLUSARCZYK: And it wouldn't be instantaneous. We won't

get the money turned around right away.

MR. CAMPBELL: There's always loopholes with us.

MS. SLUSARCZYK: But even a $1,000 deposit, I mean --

MR. CAMPBELL: I wasn't comfortable with $1,000 deposit with

the amounts that we talked about. So any other opinions on

that?

MR. GILLESPIE: What do you think, Bruce?

MR. RADTKA: Just one thing I heard that's neither here nor

there when you guys decide what you want. monetary per gallon

fee -- per thousand gallon fee. But the well they just did

on Blott Road, they worked the agreement out with Youngstown,

they bought it for $6 per one thousand.

MR. CAMPBELL: So they did $6 a thousand?

MR. RADTKA: It was in the paper the other day. Which I

understand we can buy it through Niles.

MR. MANSELL: Didn't you go with that figure though because

it's already on your records outside the Village cost?

MR. CAMPBELL: Right, correct. Yep yep. All right. That

covers 3.2 there. I had marked there was that one paragraph

that we took out, the whole thing and I had like one -- that

one sentence of it. Did it get put back in, or did we just

skip it?

MR. GILLESPIE: Which one?

MR. CAMPBELL: It was like 4 -- yeah, it was 4(d) where it says

the WPE operation shall be in compliance with all applicable

rules, regulations and laws that are local, state or federal.

We scratched that whole (d), and I'm like well, maybe that

sentence -- I don't know if he integrated it someplace else

in this. I thought he did when I read it, it just popped into

my head.

MS. SLUSARCZYK: That is (c).

MR. DIETZ: (d).

MS. SLUSARCZYK: On the new one.

MR. CAMPBELL: It's 4(C). Yeah, yep. Bruce, was your --

3

MR. GILLESPIE: That's probably --

MR. CAMPBELL: -- some of the criteria, if you felt comfortable

with that for implementing this in place?

MR. PLATT: Yeah, I didn't see anything really that --

MR. CAMPBELL: Because one of the concerns that I had, you

know, we're doing some learning on this first one I'm sure;

and I know we're kind of up against the wire to get it moving.

MR. GILLESPIE: That's one thing Youngstown did. (c).

MR. RADTKA: Oh, yeah.

MR. MANSELL: I don't know what guidelines you're following

here with that. Is that gonna come in -- I mean, I don't know

what the environmental responsibility -- that stuff, what

criteria they're putting out there. But some of this material

they're storing has minor contaminations, radiations and

everything in it. Is that gonna come into effect on this?

MS. SLUSARCZYK: It says on Village property, so that wouldn't

--

MR. MANSELL: Not on their leased property.

MS. SLUSARCZYK: This says all activities, as well as

activities on Village property, shall be strictly in

accordance. So yes, we know there's gonna be chemicals back

there. But the road that we own is the right-of-way.

MR. MANSELL: All right. I got what you're saying now.

MR. PLATT: It would be more pertaining if we had a bulk station

that they were coming to and to load up and then maybe transfer,

you know, chemicals into their tanks at our location, you know.

MR. GILLESPIE: They can't do that.

MR. PLATT: Right. Because well A, they're gonna be loading

down at their, you know, location, hopefully, you know.

MR. MANSELL: And hauling it out of the community.

MR. PLATT: Yeah, uh-huh.

MR. MANSELL: I just didn't want to put any jeopardy into

something that's in there to stop them from being able to do

what they're doing.

MR. CAMPBELL: What we briefly discussed, the idea of them

using that like at the Kibbler well, set up that tap system

--

MR. PLATT: Uh-huh.

MR. CAMPBELL: -- to use it to distribute other matter. In

my mind that would be a bulk distribution point if we permitted

something like that. Was I thinking correctly in that?

MR. PLATT: Run that by me again. I'm sorry.

MR. CAMPBELL: At the Kibbler well we get them all set up with

a tap.

MR. PLATT: Yes.

MR. CAMPBELL: It's to supply that well.

MR. PLATT: Correct.

MR. CAMPBELL: Let's say they do another well that's four miles

away or closer or advantageous for them to use water. In that

I don't think we permit them to take water from there and supply

it to another location. To me, like I said, we're falling --

MR. GILLESPIE: Ideally it would be better to have another tap,

right?

MR. PLATT: Well, that would be the ideal thing. But the

biggest thing is we -- they can't -- you know, logistics won't

allow them to have a useable, you know, sustainable tap at each

location because we got a 12 inch line where they're at now.

The next one that they're going to is an 8 inch line. They're

not gonna get it. Now you know yeah, we'd like them to have

a tap at that location and get as much water from there. But

by the same token, it's only about a two mile drive, you know.

What would you rather have them doing; would we rather have

them getting the water from our location there and having a

4

two mile drive on a route that they already set up?

MR. CAMPBELL: I agree, this is --

MR. PLATT: Just throwing things out.

MR. CAMPBELL: The E.P.A. won't be on us because that's not

something that's the Village bulk water, that's theirs.

MR. PLATT: That's theirs. It's kind of like at the Space

Center or Commerce Center.

MR. CAMPBELL: It's theirs, if they use it to distribute. I

agree. It makes sense rather than have them truck 18 miles

through the Village, they have water there. I just want to

make sure we're covered so they don't come by and say --

MR. PLATT: If all points were equal as far as water

availability goes, we'd like them to have a tap at each site;

and I'm sure they'd like to have a tap at each site to not truck

as much as they -- you know, to minimize their trucking, you

know. So as long as it's cost- effective --

MR. CAMPBELL: Do you think we'll get to the point where we

have taps -- are they gonna shut down -- like say the Kibbler

well is all done, and say they want to do another tap two or

three miles away. And we're saying well, you're gonna get the

same amount of water, we prefer you shut down Kibbler's, do

a separate tap here. I mean, things like that, is that the

kind of mindset we're going with, or evaluate as we go?

MR. PLATT: We'll have to evaluate it as we go, because they're

not gonna complete a well from start to --

MR. CAMPBELL: It's not cut and dry.

MR. PLATT: -- absolute completion, you KNOW, and have all the

fracking done and they go okay, we're done here, let's go to

the next one.

MR. GILLESPIE: That's true.

MR. PLATT: They're gonna poke a hole, pole a hole, poke a hole,

and then come back. And whichever one's producing, that's the

one that they're gonna fracture, you know. So I can see them

having maybe three or four active taps. But we might have to

work with them and say hey look, you can't take it from Site

A and Site B at the same time, you're gonna have to do one and

then move to the next one, you know. And you know, we've gotta

have that option.

MR. CAMPBELL: And I hope that we can keep the communications

open that before they just do things like that.

MR. GILLESPIE: He seemed receptive to that, didn't he? It

sounded like it. But they're trying to please us too, so --

MR. DIETZ: Well, like I understand --

MR. PLATT: He'll say anything in meeting. It's out in the

field it means something.

MR. DIETZ: I understood they were gonna drill one well at a

time. And if that well produced good, they were gonna go back

and do the other six off that platform.

MR. RADTKA: They could.

MR. DIETZ: They could.

MR. GILLESPIE: But that's their option.

MR. MANSELL: So they'd probably want to leave the tap there.

MR. DIETZ: In case they come back.

MS. SLUSARCZYK: I was under the understanding that even after

the fracking is done they're still gonna have a need for water

at each site; if it's a 20 year life, that they'll need water.

I mean, did you not understand that?

MR. PLATT: Yeah. You know, they may need it for the life of

the well possibly. But what they can do, you know, is we can

shut the water off like we do for a vacant house, you know,

shut it off at the road, they mothball everything, okay; and

they come back two years later hey, we need our thing fired

back up. Okay, we can turn it on, you know, you get your

5

plumber in here and take care of things.

MR. RADTKA: They'd have to purchase each -- a meter for each

location then?

MR. PLATT: Yes.

MR. RADTKA: It wouldn't be transferring.

MR. CAMPBELL: If the tap stays, we still charge them the $6

-- I mean the $3 a month for the tap that's on the system.

MR. PLATT: I would say, you know, yeah.

MR. CAMPBELL: We should put that down to put that on the

billing.

MS. SLUSARCZYK: I thought we did. That's what I'm looking

for.

MR. PLATT: It should be like a monthly minimum fee, you know,

so that if they go dormant --

MR. CAMPBELL: We have the ability to periodically adjust if

our rates change.

MR. MANSELL: I might be a little bit confused, Bruce. I don't

want to speak out of turn.

MR. CAMPBELL: No, go ahead.

MR. MANSELL: We're not gonna let them -- if -- let's use the

Kibbler well.

MR. PLATT: Uh-huh.

MR. MANSELL: Are you gonna let them or you're not gonna let

them -- if this tap is in and then say they go to the Hall well,

are they gonna build an access, that tap at Kibbler to go to

Hall.

MR. PLATT: I would think it would make sense to allow them

to do that.

MR. MANSELL: Didn't we tell them that that tap -- in the last

meeting when the gentleman was here, wasn't it said that that

tap would be specific for just that well?

MR. PLATT: That was --

MS. SLUSARCZYK: Site specific is built into the --

MR. MANSELL: That's what I thought. So now it's in here

covering that at your discretion or what they'll be able to

possibly --

MR. PLATT: Yeah, I think it's under my discretion.

MR. MANSELL: And I understand where you're coming from with

it, saving highways, saving everything. But I thought we had

addressed it to that gentleman, each was gonna be site specific

in the last meeting. So now we're gonna say --

MR. PLATT: I'll speak with him and, you know, when we sit down

to get this one under way here, you know. There's a lot of

conversation we have, you know, that he gets nuts and bolts

then, you know.

MR. RADTKA: They would have to have some kind of an air gap

between their trucks and their --

MR. MANSELL: How do they do that?

MR. RADTKA: -- supply.

MR. PLATT: A, they're gonna set up a hot box assembly like

what's over at General Motors or at LaFarge, okay. And then

they also -- in their loading station where they're gonna load

trucks, you know, they have to have it or a tank, it can't be

hard connected to that, you know. So it will be a double

protection; they'll have a meter -- hot box with a meter and

a back flow preventer at that point, the RPZ that dumps water,

and then they will also out there in the field they'll have

an air gap also.

MR. GILLESPIE: Cindy, it will be three three.

MR. PLATT: They might have water lines running to a couple

spots. I saw what looked like apartments being hauled in there

last week, you know, like trailers with units on it; and it

said potable water here. So it looked like they were bringing,

6

you know, sleeping quarters there.

MR. CAMPBELL: People that work the rig sleep there and work,

they live there pretty much.

MR. MANSELL: It would have to say for dormant taps minimum

fee established by the BPA as established.

MR. CAMPBELL: Yeah, it's not stated in there.

MR. RADTKA: You have it already in your bylaws about that,

right?

MR. DIETZ: Yeah.

MR. GILLESPIE: Yeah, we have it in our bylaws.

MR. CAMPBELL: True.

MS. SLUSARCZYK: Going back to the site specific, I think 11

says that no, it cannot be -- it is site specific, cannot be

transferred.

MR. MANSELL: So you'd have to alter that.

MR. GILLESPIE: Non-assignment.

MS. SLUSARCZYK: Exhibit A is the lease agreement.

MR. GILLESPIE: Yeah, to the site. That's how we actually

said it though the other day.

MR. CAMPBELL: Does that mean we're locking it down to just

this lease?

MR. PLATT: Yeah, that kind of --

MR. MANSELL: Could you add unless authorized by the BPA and

Utility --

MR. CAMPBELL: That's what we would need.

MR. MANSELL: -- Superintendent.

MR. PLATT: I -- any agreement can probably be amended, you

know.

MS. SLUSARCZYK: But your bond is gonna be site specific for

this contract.

MR. CAMPBELL: That's a good point.

MR. PLATT: Yes.

MS. SLUSARCZYK: I'm not saying you can't. I would talk to

Paul before you think, you know, I don't think that's

permissible. If you're having a bond to secure the water usage

at that site, then he can't be I didn't use it at that site.

MR. CAMPBELL: We're not having one of these for every --

MS. SLUSARCZYK: Yes, you will have one of those for every

site.

MR. CAMPBELL: I thought that was for Halcon to do.

MS. SLUSARCZYK: It's for any water purchasing entity.

MR. CAMPBELL: Correct. I thought we would have this for

Halcon and they would have what they need. I didn't know we

were filling out --

MS. SLUSARCZYK: You very clearly made it site specific.

MR. DIETZ: Unless they would add in there on bond that the

bond -- you will have to have a bond separate for every site.

MR. PLATT: Well, excuse me. I'm interpreting this as this

is the agreement for Kibler's.

MR. CAMPBELL: Okay.

MR. PLATT: Okay. Now if Hall comes up, all right, this

doesn't cover Hall's, okay. If we have -- they can't go hey,

we've got an agreement, you gotta give us water for Hall's,

you know. No, this --

MR. MANSELL: That's the way I was remembering the last

meeting.

MS. SLUSARCZYK: Yes, correct.

MR. PLATT: And --

MR. CAMPBELL: So this locks us into per --

MR. PLATT: I don't think so.

MR. GILLESPIE: See, really number 1 right here locks us into

that specific site. Right here, number 1.

MR. CAMPBELL: That's how I read it. How are you seeing it,

7

Bruce?

MR. PLATT: What's that.

MR. CAMPBELL: When he says within the Village as evidenced

by attached lease agreement, Exhibit A --

MR. GILLESPIE: Right. Then you would list --

MR. CAMPBELL: The bulk water agreement for this list.

MR. GILLESPIE: You would list this specific site though.

MS. SLUSARCZYK: Correct.

MR. PLATT: But by the same token, the water's being taken at

that site, okay. I'm sorry, there isn't anybody in this town

that's gonna stand there and go hey, wait a minute, that water

doesn't -- can't go there, it's gotta go here, you know. As

long as it's drawn from that site, we're selling it at $7.13

per thousand gallons, really what do we care where it goes to?

MR. RADTKA: I may be speaking out of turn here also. But by

doing that, now you're taking the water to another lease,

another address, another location; and you have no bond for

protection for another, you know, $80,000 of water that could

be going out again. That's still gonna fall underneath your

$10,000 bond. If they do two or three wells like that --

MS. SLUSARCZYK: This agreement was designed to be generic for

any and all that come and want to purchase water and then site

specific. So when they come in, we don't come back and have

the same meter for Halcon Hall site, Halcon Behner site; we

just plug in their names and it goes out the same.

MR. DIETZ: And they have to have a bond for --

MR. PLATT: It still gets voted on in my eyes.

MR. GILLESPIE: For each one.

MR. PLATT: But maybe not. I'm not the attorney.

MR. RADTKA: Well I mean, I know you have it specified in there

per lease.

MR. MANSELL: But I can still see merit in what he's saying,

but I can see what Cindy's saying about the legality part of

it. Like when you have Hall just a matter of what, half mile

away and they're RUMA roads, you also would have -- I heard

the Williams well might have been pulled. But if the Williams

well or something goes over there, you're really not that far

away, you could get some major purchase there and still be on

all RUMA roads. I wonder how you would get around it where

you could sell as much as you can, because you did tell that

gentleman this is the only site that can give them that much

water.

MR. PLATT: Right.

MR. MANSELL: We don't have anywhere else in Lordstown that

can do that.

MR. PLATT: On those three or four spots over there, yeah. I

would think.

MR. MANSELL: So they're gonna be trucking it from somebody

else or somewhere else.

MR. PLATT: Right, and going on different roads altogether.

MR. MANSELL: And it could be coming into our accounts if we

could get this, whether it could be legally done.

MR. PLATT: They might just go up the road to the Warren Water

Pollution Control and --

MR. MANSELL: He said they was gonna be up to the treatment

plant. I don't know if it could legally be --

MR. CAMPBELL: I guess that's a question for Paul. I mean,

what boundaries does this cover, is it -- I'll just have to

ask him legally what -- here's an example, would we site this

for Kibler --

MS. SLUSARCZYK: Do you want to try him? I believe he's still

in.

MR. CAMPBELL: What's his number?

8

(A discussion is had off the record.)

MR. CAMPBELL: We should go back on here.

MS. SLUSARCZYK: The term of this agreement for two years.

MR. CAMPBELL: But it's set to automatically renew unless,

what's it say, two years effective as the first date of the

agreement, shall therefore automatically renew on an annual

basis unless either party terminates the agreement. MR.

DIETZ: So that means they would have to -- at the end of two

years they would either have to say yes we want it and put a

new bond on it or whatever.

MS. SLUSARCZYK: Continue the bond.

MR. CAMPBELL: Continue the bond.

MR. PLATT: The other thing -- I don't have the copy everybody

else does -- but the rates, while this is in effect are the

rates adjustable?

MR. GILLESPIE: Yes, yes.

MR. CAMPBELL: We covered -- that is in here.

MR. DIETZ: Otherwise, we just need some determination or

written whatever you want to call it in here that they would

be able to truck water from the Kibbler well to the Hall well

because they're gonna be on the same -- if I understood you,

John, they're gonna be on the same roads.

MR. MANSELL: They're both RUMA agreement roads.

MR. DIETZ: Okay. So I can't see no reason we can't put it

in there.

MR. GILLESPIE: You could put it under number 11.

MR. DIETZ: That they would have the right, if they wanted to,

to truck the water from the Kibbler well to the Hall well.

MS. SLUSARCZYK: Would that make us responsible for the method

of them putting it into their truck and getting it out of our

system and into their truck safely?

MR. CAMPBELL: We already have --

MR. DIETZ: We already have it in there.

MR. CAMPBELL: They have to do that for on the site as it is.

MR. PLATT: Yeah.

MR. CAMPBELL: I really don't see a problem with what we

described, with what this covers. I mean, this is for the tap

at that location. The water comes out, we're covered with our

bond, the water comes out of that tap, goes to that well or

goes down the street, we're covered with where the water came

out of.

MR. MANSELL: Giving him and you discretion as to where it can

go.

MR. CAMPBELL: Yes.

MR. PLATT: Yeah.

MR. GILLESPIE: Well, that needs to be in here because number

11 spells that out, site specific, non- assignment.

MR. MANSELL: That's what I thought it did from the last

meeting.

MR. CAMPBELL: Well I read that as you're not able to take that

and move it to the Hall's and -- what I understood, you couldn't

take that tap and move that to the Hall's location and set up

the same thing, you need a new agreement to do that. That's

how I read that.

MR. RADTKA: Or they can't assign this agreement --

MR. CAMPBELL: To another location.

MR. RADTKA: -- to another company like *BP.

MR. CAMPBELL: Or, correct, to another company. That's the

way I understood that.

MR. PLATT: Uh-huh.

MR. RADTKA: That's how I took it.

MR. PLATT: I think originally we intended for this agreement

to be for that well and that water only for that well, that

9

was the original idea. But you know, after discussions with

them and things why I think, you know, we've got an agreement

that's for that site, for that tap, that allows them the

flexibility, if they need water at another location, they have

an access point already established. And as long as their --

you know, their trucks are running on the RUMA agreement roads

and that, you know, I think, you know, we're interpreting this

as like this is for that site but that water can then go --

you know, be trucked around anywhere, you know.

MR. GILLESPIE: We can actually amend this too.

MR. CAMPBELL: Well it says this agreement -- but meaning that

-- may not be assigned to a specific --

MR. GILLESPIE: No. But if you look at 14, Amendments, no

changes will be made to this agreement without the express

written consent. So we could put a change in the next

agreement saying they could use that tap, water from that site.

MR. DIETZ: Yep.

MR. CAMPBELL: I don't think there needs to be any -- I mean,

if we run into any -- if Paul says well, this agreement doesn't

cover that. I think we're okay with how it's stated, I do.

MR. GILLESPIE: Just go with it and tell them they can use the

water for the other.

MR. DIETZ: We still got the bond for this one.

MR. CAMPBELL: We still got the bond for this tap the water's

coming out of. The only thing that is not in there is our $3

monthly maintenance fee. And do we refer to their stuff

applies to our bylaws in this agreement?

MR. GILLESPIE: Probably should put the minimum fee in there

because that could change over years. So if I would just say

--

MR. CAMPBELL: Well, right now it doesn't say if --

MR. RADTKA: There's any maintenance fees.

MR. CAMPBELL: Say they want to leave the tap there and they're

not gonna use it for six months, a year, and we're gonna send

them a bill for a couple bucks; why are you charging us for

that. It's really peanuts for the money they're spending for

it. Does it make it more difficult from our billing side

because the whole system is set up that way? Do you understand

what I'm saying? I know Cindy does. Special situations make

it difficult to maintain.

MR. PLATT: The way we operate a bulk purchaser, a gentleman

who fills swimming pools, is that, you know, we go up and we

reread that meter and hand-read it; and then I give the reading

to Cindy. We used to send handwritten bills to them. I don't

think that's our intention here. I think, you know, we want

this to be, you know, part of the system, part of -- you know.

MR. CAMPBELL: It's a tap, it's part of the system.

MR. PLATT: If they get a minimum monthly bill and it goes on

for two years, the Board may, you know, have an option to waive

that. I don't know.

MS. SLUSARCZYK: I put in there for Paul to include waiver of

tap; to end this agreement and end the bill they would have

to sign a waiver of tap, which is what everybody else does.

MR. CAMPBELL: Pull the tap.

MS. SLUSARCZYK: Well it's dead, you know. whether the tap

stays or not, if anyone -- if they want to come back in two

years and say I want to use it again, you're gonna pay the new

current tap rate to touch your tap. That is ours, our system.

But I know we discussed the waiver of tap, and I don't --

MR. CAMPBELL: It's not in here.

MR. PLATT: Is waiver of tap in our bylaws?

MS. SLUSARCZYK: Yes. So we could maybe just include this as

part of Exhibit B with the water rates, because the water rates

10

we actually attached to the back of the bylaws.

MR. GILLESPIE: Yeah, okay.

MR. MANSELL: If we keep a maintenance fee when you're talking

about your waiver of tap, if they keep that maintenance fee,

they can come back in 15 years and use it.

MS. SLUSARCZYK: It's theirs to use.

MR. MANSELL: Until we say we're done with that tap.

MS. SLUSARCZYK: Until they sign off on it, yes.

MR. GILLESPIE: Just put Exhibit B for the bylaws is what

you're saying?

MS. SLUSARCZYK: Well it has Exhibit B there, it says schedule

of water rates. I think we just might want to put bylaws and

schedule of water rates.

MR. CAMPBELL: That's a good way to put it, John.

MR. MANSELL: Is this agreement going to Halcon? Is this

agreement right here drawn up for them to have in their hands?

MR. DIETZ: Yes.

MR. MANSELL: We should have something in there, I think,

talking about tap maintenance fee so that they would know that

they have to pay it.

MR. GILLESPIE: It would be in the bylaws since we would have

to attach that to it.

MR. CAMPBELL: And attach it to it. Well, we would be able

to pass this tonight with that change and sign off on it; is

that correct?

MS. SLUSARCZYK: If you gave me something verbatim for Paul.

But if you're not giving me something verbatim for him to craft,

I would not pass it without an original cop in front of you.

MR. CAMPBELL: I think it's a proper place to put it because

we're referring to just schedule of water rates, Exhibit B.

MR. GILLESPIE: Water rates and bylaws, Exhibit B.

MR. CAMPBELL: That's what I was just looking to slip in, add

the bylaws with it.

MR. GILLESPIE: We'll just add that, and then we can pass on

it tonight.

MR. CAMPBELL: It would be very easy to put in there. Does

that seem all right to you gentleman.

MR. DIETZ: Yeah, put it in about they have to go to --

MR. CAMPBELL: I know we really need it too. And if that's

the only thing that's holding us up, I would hate to make a

whole other week --

MR. MANSELL: But how big are your bylaws? Are they thick?

MR. GILLESPIE: No, no, they're about --

MR. MANSELL: Is it gonna be something that Halcon's people

are gonna see to maintain this maintenance fee so that they

don't come back in five years and say we don't see that.

MR. GILLESPIE: Ours aren't like the sewer that has 500 pages.

It only a one page --

MS. SLUSARCZYK: Our bylaws are about 15 pages.

MR. GILLESPIE: For the water.

MR. CAMPBELL: Just say I want to point this out to you so

you're aware of it.

MR. PLATT: I can mention it to them.

MS. SLUSARCZYK: Well, we're gonna send the agreement off with

a cover letter. So it can be pointed out or --

MR. MANSELL: That would be good.

MR. CAMPBELL: That's true. I just want to make sure we can

legally tie it to the agreement we're signing.

MR. MANSELL: If you leave that well and intend to come back,

there is a tap maintenance fee.

MS. SLUSARCZYK: Honestly, I think the four inch tap it's not

$3, it's $10 month.

MR. CAMPBELL: We don't want to put a figure in.

11

MS. SLUSARCZYK: I don't want to put a figure; but again, we

reserve the right if the water rate is increased upon us if

those rates were to be amended.

MR. GILLESPIE: Cindy, your water fee rate slip that you're

gonna give them, that has that tap fee on -- that maintenance

fee on there.

MS. SLUSARCZYK: It does. Not even going to the bylaws.

MR. GILLESPIE: Right, it does.

MS. SLUSARCZYK: Monthly minimum tap fee is on the rate sheet.

MR. DIETZ: So that should cover it.

MR. GILLESPIE: That should cover it.

MR. CAMPBELL: That's a valid point. All right. Then it's

right on the sheet, it's referred to there, I don't think we

need to add the bylaws. We'll include the bylaws with our

stuff to send to them.

MS. SLUSARCZYK: Certainly.

MR. CAMPBELL: All right. I guess we worked through that.

MR. GILLESPIE: I make a motion that we accept this agreement.

MR. DIETZ: I'll second it.

MR. CAMPBELL: All in favor?

(All answer aye.)

MR. CAMPBELL: Do you have a clean copy we can scribble on?

MS. SLUSARCZYK: You would sign it after they sign it.

MR. CAMPBELL: All right, good. Done. This was a little

longer than I expected, but such is life. We're moving on to,

just like last time, our east side sewer connection with

Imperial.

MR. GILLESPIE: Before we get to that, how about -- what's that

-- check the policies there.

MS. SLUSARCZYK: It's not on the agenda.

MR. GILLESPIE: I could ask to put it --

MS. SLUSARCZYK: It's not important tonight. That could be

part of our regular meeting next week. I just wanted you to

review it prior to next week's meeting.

(A discussion is had off the record.)

2. East side Sewer Connections.

MR. CAMPBELL: All right. Well, before we dig into it, I want

to make sure we're protected, or at least understood where our

limitations were with John's involvement and Ron's involvement

in this. I asked Paul, because I told him we already had a

joint work session and what the limitations were for their

involvement. He says yes, they can participate in work

sessions. After the public improvements are complete, which

I believe he's talking about getting it actually working, there

are no limitations on their involvement, provided that they

don't participate in any decision which might directly benefit

them or a member of their immediate family. So you're allowed

to participate, discuss; but when it comes to making the vote,

you know, like --

MR. RADTKA: Taken out.

MR. CAMPBELL: You can't do it. So at that point, it would

be up to Tom and I.

MR. DIETZ: Or does that include me too because I have a

relation --

MS. SLUSARCZYK: We would all be exempt because you have

relations --

MR. CAMPBELL: It says immediate family. Is there immediate

family living there?

MR. DIETZ: It's my nieces and nephews.

MR. GILLESPIE: Before we get into that, I was gonna ask Bruce

-- there was a lot of activity there yesterday. What happened?

MR. PLATT: Not much.

12

MR. GILLESPIE: Hell of a lot of cars and people.

MR. CAMPBELL: That's a shame.

MR. GILLESPIE: That's too bad.

MR. CAMPBELL: So where are we with it?

MR. PLATT: They're still evaluating things.

MR. CAMPBELL: To me that's not a good sign.

MR. GILLESPIE: What kind of pressure did they get this time?

MR. PLATT: Well, the pressure was considerably higher since

we had new gauges put on it and they're reading proper.

MR. DIETZ: The -- was the pressure gauge that was in the

building there --

MR. PLATT: No.

MR. DIETZ: That was gallons per minute?

MR. PLATT: Flow rate.

MR. DIETZ: It was as high as 200 at one time.

MR. PLATT: First try. They couldn't get it to come back up.

MR. CAMPBELL: There's usually physical aspects to work

through.

MR. PLATT: There's issues.

MR. CAMPBELL: John, you put together something here.

MR. GILLESPIE: I just wanted to make sure I had a disclaimer

that I am a resident of Imperial. But what I tried to do is

not to single out Imperial, but actually try to come up with

some guidelines possibly for condos, manufactured home

communities, as well as retirement communities because they

kind of all three fit. In other words, they don't own the land;

but they own something on it and they pay a lease fee. So

that's kind of what I did here is try to have a thought put

around that so we couldn't just single out Imperial, we could

cover our bases for the future is what it boils down to. Just

food for thought. I don't know. Ron's probably already

shivering over there, but --

MR. DIETZ: Are you gonna throw him out tonight?

MR. GILLESPIE: I don't know if you want to read them off for

the record, or should we -- or no, we don't need to.

MR. CAMPBELL: We can. I may even --

MR. GILLESPIE: It's up to you.

MR. CAMPBELL: They are your suggestions. I'm just reading

them now because --

MR. GILLESPIE: I mean that, or we can -- I'm just throwing

out suggestions, everybody else should do the same thing. And

then we'll just mull them over and see what we can do to come

up with a best presentation to have Paul draw up something like

a bylaws for us or communities -- communities within the

Village.

MS. SLUSARCZYK: Number 4, all new hookups must be approved

by the BPA. Bruce has to approve all new installations as it's

there.

MR. GILLESPIE: Does he over there too?

MS. SLUSARCZYK: Huh-uh.

MR. MANSELL: He would have to --

MS. SLUSARCZYK: But it's in our bylaws already.

MR. GILLESPIE: Okay.

MR. RADTKA: So you want to strike 4 is what you're saying,

meaning you already have that language in your bylaws?

MS. SLUSARCZYK: Uh-huh.

MR. CAMPBELL: You drafted this up as something that could be

applied throughout the Village. That's what your intent was.

MR. GILLESPIE: That's what I tried to do because really that's

what we need to look at. We really don't have any guidelines.

Like drilling the wells, we didn't have any guidelines. It's

similar here. We had a contract, but do we need a contract?

I don't think we do.

13

MR. MANSELL: This is gonna have to -- if you're drawing this

up for communities -- if I am -- if I may speak.

MR. CAMPBELL: Sure.

MR. MANSELL: If you're drawing this up for communities within

the Village, you have to separate anything that's gonna be on

the county's sewer and stuff like that off of what we've got

on the east side sewer. You're gonna have communities that

crop up that you don't have any of that control.

MR. GILLESPIE: Uh-huh, yeah. That's why you see I put

specific here down at the bottom. But you're right, unless

we get control over the west side sewer --

MR. MANSELL: That isn't gonna be in the near future.

MR. RADTKA: Or sewer owned by the Village.

MR. CAMPBELL: Yeah, sewers owned by the Village is the best

way to put it.

MR. GILLESPIE: I said owned by the Village, utilities

controlled by the Village. I have that in there. I didn't

list out water and sewer because we could end up with other

things like cable or anything else.

MS. SLUSARCZYK: When you say that, just from me working, we

control the utilities on the lines that we own. The difference

is we don't own the lines within the park, so we don't control

that. So it wouldn't -- it doesn't apply, even what you wrote.

MR. GILLESPIE: Yeah. But you really don't control the sewer

utility on the west side. You don't control his sewer, that

portion of that utility.

MR. DIETZ: Our control starts at the pump house.

MS. SLUSARCZYK: We control the east side sewer.

MR. GILLESPIE: That's right. Well, that's what I mean. You

have controlled utilities, and the west side sewer isn't one

of them. You gave it away.

MR. PLATT: Yeah, right.

MS. SLUSARCZYK: Right.

MR. GILLESPIE: So that's control, because it was hard to

specify unless you specify each one individually all the time.

MS. SLUSARCZYK: But even within the park, the lines within

the park or the utility within the park we can't -- we don't

control is what I'm trying to say.

MR. GILLESPIE: That's why I say I got controlled here,

utilities controlled by the Village.

MS. SLUSARCZYK: So how is that going to help us inside

Imperial then because we don't control that? Am I making sense

or --

MR. DIETZ: Yeah.

MR. GILLESPIE: Well, you control it once they hook up to it.

MS. SLUSARCZYK: No, we control from our pump station forward.

MR. GILLESPIE: That's specified here, though that's kind of

-- that's the issue that the Village has, and it's in here.

I've put it in here, about where they're not responsible --

you're responsible -- you're not held responsible for any

problems from utilities within their facilities.

MR. RADTKA: Right. But that would be nothing more than just

a lateral tying onto a sanitary sewer anywhere, correct?

MR. CAMPBELL: Yeah, that's correct.

MR. PLATT: Uh-huh.

MR. CAMPBELL: Well, this -- I'm having a hard time getting

my mind around reading and understanding where you're going

with some of these points. It's gonna take me some time. I

apologize for that. I understand where you're going with it,

I wanted to make it clear I understood what your intent was.

I did send Paul along the lines of what we discussed last time

to kind of see how he was feeling about it. I'll read what

I sent to him. Because I didn't explain the first time, he

14

sent me back a question; and I was like no, that's not it. I

said our current thought is to bill each tenant off of their

water reading for the sewer, then subtract all the tenant usage

off the sewer meter and bill Imperial for that difference. So

basically I said that Imperial would be paying for any I&I

that's in their system. From our calculations, setting up the

billing this way would generate more revenue for the Village

by billing the tenants individually versus just off the bulk

meter. We're investigating the deposit issue, and I said we

discussed doing $100 deposit and breaking that payment up into

four each quarter, have $25 each quarter, so it would basically

be a year stretched out for the deposit. And I said, you know,

that's where our last mindset was with it. He answered back.

He says yes, that billing procedure could be implemented by

the BPA for Imperial customers. And that's all he put. So

now I don't know if that means we need an agreement to do that

or if that falls within you just do it. That was my question

I sent back to him, and I haven't got a response at this point.

MR. GILLESPIE: I know he's hung up on agreements.

MR. CAMPBELL: At this point he understands where our mindset

was when we were last discussing. From his side I need to

understand yes, he does see that we can do that; what would

it take to implement this.

MR. GILLESPIE: So that's why I was trying to come up with

something where we would have something to work with on an

agreement.

MR. CAMPBELL: Well, it may be this situation may be structured

to the point that we -- the way -- because of the water

agreement, that we need to have an agreement in place to come

--

MR. GILLESPIE: But do you need --

MR. CAMPBELL: I don't know. That's Paul's decision to say.

MR. GILLESPIE: See, the water agreement was when you first

hooked up with them; and why do they need one in and out.

MS. SLUSARCZYK: No, the water -- Ron can answer that. The

water agreement they feel is still in effect.

MR. GILLESPIE: I understand that. But why do you need it?

MS. SLUSARCZYK: Because it's private property and you cannot

-- we cannot govern utilities on a private property. We can

not improve a private property by --

MR. GILLESPIE: No, that's up to them to improve that.

MR. RADTKA: The original agreement was made for the sale of

and the connection of the water from the Village to Imperial.

It didn't cover other things that progressed over the past 30

years.

MR. GILLESPIE: Right.

MR. RADTKA: But it was initially in place just for the

connection of the Village's water lines to Imperial for the

sale of water, because at the beginning the Village approached

the park to become a customer because they needed more volume

of water that would be used in the park for them to get a better

rate from the City of Niles to safe the Village money and make

it more profitable.

MR. GILLESPIE: So Kevin, that's where I was really coming back

to. Let's say somebody decides to have a retirement village

here and they own the property. They have retirement village

where you live in a fixed home or a facility or you have your

own home. I know some people that own their retirement home,

but they don't own the land that it's on. So where are we at

with that?

MS. SLUSARCZYK: To create a development like Ridgeway, the

developer would have to come in and get approval from the Board

before he could put a water line in. And if he got the

15

approval, those lines would be turned over to the Board of

Public Affairs after they were installed and then approved.

MR. MANSELL: She's right. John, some of these things I'm

reading in here are confusing me completely because, okay, you

talk about a retirement community Cindy's right, the

contractor's gonna have to put a road to the Village's

specifications. The sewer and everything and stuff's gonna

be put in there. The sewer and everything, if it's on the east

side that's gonna become the Village's. His will never become

the Village's. His can't become the Village's, his is private

property. And like a lot of these --

MS. SLUSARCZYK: That's why the agreement's there.

MR. GILLESPIE: That's why I was asking when you develop a

retirement community, the entire area -- it's just like the

Kibbler farm, he can develop a community on there.

MR. MANSELL: If he develops a community on the Kibbler farm.

If he wanted to do another trailer park or something, if that

was allowed and it stays private property, it would fall under

the same guidelines. Most places if they put roads in, the

developer has to put the roads, anything, sidewalks, the

sewers, everything has to be -- and then the Village, if they're

put into our specifications would take that over.

MR. GILLESPIE: But so, a lot of them they don't take it over.

MR. DIETZ: That's like a condo development, okay. You buy

the condo, but you don't own the property.

MR. GILLESPIE: Right, right.

MR. DIETZ: And you pay --

MR. RADTKA: A maintenance fee.

MR. GILLESPIE: So they didn't turn any of that over. Most

places maintain it themselves.

MR. RADTKA: Some places. Some places do.

MS. SLUSARCZYK: Some places may. But personally, I mean, my

brother's developed many things out in Cortland; and the

utilities, the road, the water are most definitely turned over

to the municipality. You design to their specification.

MR. MANSELL: The condos, you take care of the water, pond,

whatever it is.

MR. PLATT: Right.

MR. MANSELL: The county's got the sewer. It has nothing to

do with the property owner. That's what I'm talking about.

Ronnie's -- Imperial's situation is different. You know, I'm

just trying to get this, you know -- any communities coming

in I don't think is gonna have any of the situation he's got.

MR. GILLESPIE: Why not?

MR. PLATT: If I --

MS. SLUSARCZYK: It's private property.

MR. CAMPBELL: Let Bruce speak. He's tried a couple times.

MR. PLATT: There's a retirement community in Newton Falls at

the corner of Palmyra, something like that. That's not done

to, you know, like Newton Falls specifications where Newton

Falls takes it over. All right. There's a meter pit, okay.

They don't chase each one of those homeowners for any of that

money or revenue. You know, there's a meter pit; and somebody

higher up, be it the condo association or whatever, pays that

bill. And I would encourage that until the day I die. I am

so tired of crawling underneath trailers, you know, for frozen

meters and meter readings and things like that for the only

trailer park in Ohio that has meters underneath the trailers.

So --

MR. CAMPBELL: I view it, as I said, probably gonna end up being

a special agreement to do what we want to do because of the

situation. And that was my question back to Paul, so he's been

very helpful with that in responding back to things I've been

16

sending him. I went with the last thing we discussed. And

this was the last idea, it seemed like we were gaining momentum

with it. We can work it, it's beneficial to the Village. I

think the biggest thing we were stuck on was the deposit. It

doesn't seem like it's a problem with breaking it up. If we

want to go with the deposit --

MS. SLUSARCZYK: The clerk, Bill, said no. Bill will not

entertain taking intermittent deposits. And I don't know

exactly if it was his words or somebody else was that if they

want intermittent deposit and/or couldn't do that, perhaps

Imperial could front the money and they make those payments

to Imperial. But I did approach Bill after the last meeting

and asked him, and he said no.

MR. DIETZ: Go ahead, finish up --

MS. SLUSARCZYK: That --

MR. DIETZ: Because he brought it up at the last meeting. I

had asked Ronnie, I think he'll verify, if Imperial could front

-- well, you got what, 300 units.

MR. GILLESPIE: Not that many I don't think.

MR. RADTKA: About 280.

MR. DIETZ: About 280. Front $280 or $300, and then the people

could pay it back to them just on their rent, with the rent.

MR. RADTKA: Not knowing if we could even do that.

MR. GILLESPIE: They don't know if they could do that.

MR. RADTKA: I don't know if you can charge because now you're

-- I mean, it's something that would have to be looked into,

can you charge a deposit for another entity.

MS. SLUSARCZYK: I don't think you could as much as you would

pay the deposit for the rent and then them, in essence, repay

the park, not necessarily pay for them.

MR. GILLESPIE: The only thing that I --

MR. CAMPBELL: Let's back up one step. I mean, take the

deposit out of the situation.

(A discussion is had off the record.)

(Atty. Paul Dutton has called on the phone and will be part

of the discussion at this point.)

MR. CAMPBELL: Paul thanks for giving us a call back. This

is Kevin. We were going over the bulk water agreement, and

we wanted to make sure we fully understood the structure of

that agreement. Our question is just, for example -- it's the

best way to understand this is by an example. We have the well

site at Kibler's right now going in. So they would come in,

fill this agreement out for the Kibbler well site and --

ATTY. DUTTON: They would give you a parcel number.

MR. CAMPBELL: They would give us a parcel number, the lease

stuff, everything we needed for our agreement. Our question

is, let's say that two miles down the road they start another

well. Can they take water at that Kibbler well site and supply

water to another well using this agreement?

ATTY. DUTTON: If it's within the same parcel, yes. If it's

a different parcel no, because it says that the agreement is

site specific.

MR. CAMPBELL: Okay. That was our question, was there --

ATTY. DUTTON: If you wanted to waive that, you can. But you

want or Cindy indicated you wanted a template agreement that

would apply to all situations, so you can negotiate individual

situations. And one reason might be with the bond. In other

words, if you have say BP, they might want to procure one

$20,000 bond for all of their sites rather than individual

bonds, you could do that. So --

MR. CAMPBELL: Okay. I understand where you're coming from

with that.

ATTY. DUTTON: Now as a practical matter, using your example,

17

is there access to the water one or two miles down the road

as you suggested?

MR. CAMPBELL: We're talking about at the Kibbler well site.

They would fill up a truck and truck it two miles down the road

to another well site to use at that well site.

ATTY. DUTTON: Okay. And my question is, let's assume down

the road there's a well site. Do they have access to the water,

to water down the road?

MR. PLATT: Have access, but not adequate amount.

MR. CAMPBELL: They would have access to it but may not have

the same capability through the system. But it's at a

different point in our water system. They may not get the same

flow rate, may not get the same amount of water. Same volume

of water.

ATTY. DUTTON: In other words, you want to encourage people

to purchase water, right?

MR. CAMPBELL: Correct.

ATTY. DUTTON: But you don't want to be strung out and deplete

pressure at one location to satisfy multiple wells.

MR. GILLESPIE: Right.

MR. PLATT: True.

ATTY. DUTTON: Okay. So if someone has to use some judgment

here and maybe structure the agreement to satisfy problems,

and not so much the problems of complaining drillers but

problems that the Village might encounter -- in other words,

if Bruce determines that it would be more expeditious and less

stressful on the system to draw water from one site for say

two wells rather than drawing from a second location where you

might aggravate the pressure or not be able to draw water, then

Bruce should suggest that we modify an agreement in that

instance. I mean, we're only gonna have five or six of these

agreements probably, you're not gonna have 50 of them, so --

MR. CAMPBELL: At least to start. Yeah, we'll see how the

drilling goes, I guess.

MR. GILLESPIE: So Paul, we can modify each -- an element like

section 11, for instance, site specific; we could modify that

if we wanted to for the next agreement?

ATTY. DUTTON: Right. But as a template, you want to go into

it saying that. And what you don't want to do is allow them

to resell the water.

MR. GILLESPIE: Yeah, rights.

ATTY. DUTTON: In other words, if they draw water and then go

down the road and sell it to someone else with an override,

you don't want that to happen.

MR. CAMPBELL: No.

MR. GILLESPIE: No. Okay. I think we're all set.

ATTY. DUTTON: All right.

MR. CAMPBELL: Any questions? Okay. Thanks Paul, we

appreciate it.

ATTY. DUTTON: Have a good one.

MR. CAMPBELL: You too.

(The phone conversation with Atty. Paul Dutton

ends at this time.)

MR. GILLESPIE: So we still are all right. The next well we

just alter the agreement a little bit.

MR. DIETZ: Ain't that what we decided basically?

MR. PLATT: Yeah, pretty much.

MR. CAMPBELL: All right. Well, that -- but as it's worded

and as its stated right now they could not, it's tied to that

piece?

MR. RADTKA: Specific lease.

MR. CAMPBELL: If it's water that's taken within the parcel

that's on the agreement, it's completely okay. We would have

18

to change it for the agreement that we would sign with --

MR. GILLESPIE: For the next well.

MR. PLATT: Yeah, that's what I was gonna say. maybe the next

agreement, the one for the Hall property, we can say on there

you'll get a 3 inch tap plus you can get water from --

MR. CAMPBELL: Correct.

MR. PLATT: -- this parcel, you know, and truck it in if you

choose to do that.

MR. MANSELL: Find out from Paul what you need to do in there

before the Hall one gets going because get this one out there

to Halcon so they can start on the one on Kibbler, and then

find out what you need to do to amend this to get them get from

that one for Hall.

MR. PLATT: Yep.

MR. CAMPBELL: I think we're good.

MR. DIETZ: So then we can actually sign this now?

MR. CAMPBELL: No, it's -- Halcon still has to sign it first.

MS. SLUSARCZYK: Yeah, Halcon's first.

MR. CAMPBELL: All right.

MR. GILLESPIE: Getting back to this, why don't we just digest

this or you guys go over it and pick it apart and --

MR. CAMPBELL: Yeah.

MR. DIETZ: Well, I can see what he's saying. We basically

-- I don't think we want to take over --

MR. GILLESPIE: No.

MR. DIETZ: -- the repairing and maintenance of the lines in

the trailer park.

MR. CAMPBELL: We can't, it's private property.

MR. DIETZ: Right, it's private property. So we're right back

to the same thing with water. We read the meters and we charge

the people accordingly to their sewage. But we gotta figure

out -- I lost it.

MR. CAMPBELL: The deposit.

MR. DIETZ: The deposit.

MR. CAMPBELL: I think the only sticking point is the deposit.

That's where we were stuck last time.

MR. RADTKA: Besides Bill saying -- did he give you a reason

why the people can't break that down into installments, I mean,

besides just --

MS. SLUSARCZYK: No.

MR. RADTKA: No. I mean, he just don't want the extra

accounting, or is it --

MS. SLUSARCZYK: The tracking. How would you maintain that

you paid 20 and you paid 40 and you paid 60 and you owe me 40

and you owe me 60 and --

MR. CAMPBELL: My suggestion was, if it's possible --

MS. SLUSARCZYK: It's a whole other record keeping.

MR. CAMPBELL: My suggestion was that was out of the equation,

it's not a variable; everybody got an extra 25 bucks added to

their bill for a year.

MR. RADTKA: Every quarter.

MR. CAMPBELL: After one year the deposit is covered for

everybody, you move on with that. That's what I was thinking.

It's not a maintenance issue of you pay 10, you pay 40.

MS. SLUSARCZYK: But your bill is calculated for shut-off; and

you can't penalize for the deposit, it would be part of the

bill. I don't know that you could bill the deposit.

MR. PLATT: You've got a lot of ins and outs too, you know,

people going in, people going out.

MR. GILLESPIE: Being as a resident, why are you hung up on

a deposit? You didn't ask a deposit from any rent. Now I

understand you say there's a lot of people that are delinquent

there, but that's also a big population centralized in one

19

area. So I don't know what the hang-up is because if we had

all the new people put a deposit in like anybody else would

do where they would be an issue. Why are they getting

penalized compared to nobody else?

MS. SLUSARCZYK: They, okay, are not being penalized. They

would be paying a deposit to secure payment, because in the

case or the situation of non-payment I cannot assess their

taxes to collect that due. On a homeowner outside the park,

you don't pay, I assess your taxes, I get paid, end of the

subject.

MR. GILLESPIE: Maybe.

MS. SLUSARCZYK: No, no, I get paid. I assess the taxes,

whether it goes to sheriff's sale, bankruptcy, I get paid. You

file your assessment, it's the first thing that the sheriff's

sales pay is --

MR. GILLESPIE: Well, all right. Let me ask you this. We pay

taxes --

MS. SLUSARCZYK: You do not pay property real estate taxes.

MR. GILLESPIE: Yes, we --

MS. SLUSARCZYK: Then again --

MR. GILLESPIE: So I don't know because part of it goes to the

school and everything, so really we're paying a form of a real

estate tax.

MS. SLUSARCZYK: It's not something that we can assess.

MR. CAMPBELL: It's not something the Village can assess is

the problem.

MS. SLUSARCZYK: If we could, we would be doing it because we

have people, a few, just a few over there, that owe us several

hundred dollars; and we gotta take them to small claims court.

MR. GILLESPIE: And that was gonna be my next question. Why

is it dragged out? Why aren't we taking them to small claims

court after 60 days or 90 because didn't -- 90 days is usually

when the bill is considered null and void. So why aren't we

taking them to court after 90 days, why is it one or two years?

MS. SLUSARCZYK: Right now because all the bills that are out

there that are that old are BC, Before Cindy.

MR. GILLESPIE: What about current?

MS. SLUSARCZYK: Current delinquency in the park? Minimal,

if any.

MR. GILLESPIE: So this is all delinquent stuff for somebody

that's flat on their kiester.

MS. SLUSARCZYK: Their deposit -- because we bill -- bill's

due on the 4th day of March. At the end of March, if they do

not pay before the last day of the month their water will be

shut off. Some people get it turned right back on, some people

don't, okay. If that bill goes and comes around the next time

and it is not paid, and the trailer's empty or whatever the

situation, I apply the deposit, pay the bill. The park will

say bill me or they're come back or it's tied up in Probate,

there's been communications on the new accounts. I can't fix

what was in the past. So our bill for water consumption is

paid. If we charge that minimum fee because the pad is in

limbo, because it's not really the park's and the customer

still owns the trailer, we're not losing any water rent on it.

We might be losing a $3 monthly minimum fee, but we didn't pay

for any water or any water loss. A fee, compared to actually

if we're paying Niles for that water and we're not collecting

it, we're losing twice, okay.

MR. GILLESPIE: Right.

MS. SLUSARCZYK: In those situations there's old, old accounts

on there where, like I call it, BC.

MR. GILLESPIE: So actually right now on the current

conditions everything is up-to-date and everything is kosher?

20

MS. SLUSARCZYK: Yes.

MR. GILLESPIE: So then why are we wanting to penalize -- why

is everybody hung up that somebody might not pay their sewer?

MS. SLUSARCZYK: Because $100 covers a water bill for three

months -- or actually five at the point of shut-off. It will

not cover water and sewer combined. You're going from an

example of if someone used 10 thousand gallons, their bill was

$47.50, okay. Five months down the road it's 60 bucks. On

sewer it's not gonna be $47.50, it's gonna be $97.50 at today's

rate.

MR. GILLESPIE: So why wait?

MS. SLUSARCZYK: The process taking that long. They use it

for three months, we read it, we bill it, the bill is due; and

then it goes for shut-off. If you want me to cram that any

closer together, everybody in the Village would be getting shut

off the day after the due date otherwise. I think it's tight

to begin with. If your bill's due on the 4th of March, you're

shut off at the end of March. Do you want it closer than that?

Well I mean, we can't --

MR. PLATT: About the only other way you could minimize the

Village's exposure is to go to monthly bills. But then you

increase --

MR. GILLESPIE: Like everybody else does.

MR. CAMPBELL: -- the workload.

MR. PLATT: -- our costs by four times.

MS. SLUSARCZYK: And you would have to have more staff to do

that.

MR. GILLESPIE: Yeah, I know. I don't know, it's a sticky

thing.

MR. CAMPBELL: I know. That's the only place we seam to be

stuck on is the deposit.

MR. GILLESPIE: Ron hasn't made a comment. what if the park

put up a security bond for that or had it in their bylaws that

they can't sell the property. In other words, they can't

dispose of the property without all their bills being

up-to-date.

MS. SLUSARCZYK: It doesn't stop the person that walks out on

the park either because it does happen.

MR. PLATT: Right.

MS. SLUSARCZYK: People just leave in the middle of the night

and they are gone. They get burned just as we do.

MR. GILLESPIE: You probably don't have property owners doing

that. Mostly renters.

MS. SLUSARCZYK: More than they would like.

MR. PLATT: Like the one that tore their trailer down and took

it out in the middle of the night.

MR. RADTKA: You just can't do that, that's impossible.

MR. PLATT: That one outfit did, that was about two years ago.

I forget whose name it was, but -- they tore the trailer down.

MR. GILLESPIE: A lot of people will be very, very --

MR. RADTKA: Still, it wasn't like they skipped out on their

--

MR. PLATT: It looked that way.

MR. GILLESPIE: A lot of people are gonna be very, very unhappy

over the fact that they're singled out and there's no nickel

in it for the Village. The Village has not a single dime in

there except that stupid ass lift station.

MR. RADTKA: See, today I had a gentleman --

MR. GILLESPIE: They're really upset.

MR. RADTKA: He was upset today because he came over here and

spoke to you, Cindy, and then came back. And I guess he was

questioning of how possibly we might be being billed and what

for the sewer when it gets hooked up and whatnot. And he was

21

told that Imperial was gonna be doing the billing, that they

were gonna be bulk metered; and he was very upset. Well I told

him I'd, you know, express his concerns today at the meeting

and that we were in negotiations and talks about working

something out. So if just as a fair -- if someone does come

in, let's just say we're in talks, negotiation; let's not tell

them any more than what we need to.

MS. SLUSARCZYK: And that's what he asked, how am I going to

be billed. I said at this time we need an agreement to bill

each customer at the park. He wasn't -- and if I may say, he

says we have a big-name lawyer on hand, and we've got all 420

residents in the park to agree that Tom and Ron are not set

up to bill and they'll pass it on to the residents and they're

not gonna have that. So he --

MR. RADTKA: Well, the only thing to defend what he's saying

there is -- well about the lawyer end of it and the people,

that's nonsense talk. But we cannot influence, not being a

utility, you know, do the meter reading and do that because

we're not a public utility. We'd have to be a licensed utility

to do that. So that's where a cost would be incurred to hire

because there is outside firms that come in and do that. Well

you know, years ago when we talked about this, three or four

years ago, you know, it was 6 to 8 dollars a month, you know,

fees for meter reading and billing and collecting, which is

all part of that. So yeah, that cost would have to be passed

along. But you know, hopefully we could get past that if we

could work through this and get some kind of deposit structure

figured out here. I don't think that we need to go down that

avenue.

MR. CAMPBELL: Again, and I expressed this to Paul when I sent

the e-mail, I said the BPA is not looking to recreate the water

agreement or, you know, we just said that's in existence, we're

not heading down that road. I think it's a rat hole, spending

a lot of people's money on attorneys. If we're living with

the headaches and the additional costs and things that go with

it and the additional revenue, if we're having with that, to

me it only makes sense what we already read; you're gonna bill

off the meter. A difference is the only thing we keep getting

stuck on is the deposit. I don't see a lot of problems with

it now as things are implemented, you know. It's gonna be

onesie, twosie things where it's gonna hit. That deposit

great, we had it. The majority of the time we don't need it.

That's how the deposit structure works. Unfortunately as it

is, we have to take the money and it just sits there. It's

not the perfect system, but it does work when it's needed.

MR. RADTKA: Here's just a thought. Because you're gonna have

that argument with people when they come over, you're gonna

get phone calls and they might be at meetings and, you know,

whatever. Just something to think of here. What if we

implemented -- or the BPA implemented a deposit across the

Village just like you do for the water customers.

MS. SLUSARCZYK: There is a sewer deposit, $100.

MR. GILLESPIE: Yes, this is --

MS. SLUSARCZYK: We have it in place now because we have a house

that does not have Lordstown water but that is in the Village

of Lordstown. They did connect to the east side sewer, and

they did pay a deposit.

MR. RADTKA: So that argument is off the table.

MS. SLUSARCZYK: It's there.

MR. RADTKA: That takes the argument away. Now is that for

everybody?

MR. GILLESPIE: No.

MS. SLUSARCZYK: East side sewer.

22

MR. RADTKA: For everybody or someone that doesn't have --

MS. SLUSARCZYK: Sewer deposit for east side sewer.

MR. GILLESPIE: It's for new ones. It's not for everybody

that just got hooked up. You didn't pay a deposit.

MR. MANSELL: Wait a minute. I'll switch you a $100 deposit

that you're bickering about for what it cost me to tie in to

that sewer. You're not paying a tap-in fee. You're not

paying squat over there. I don't understand the $100 deposit

grumble.

MS. SLUSARCZYK: I paid $2,500 for my lateral.

MR. MANSELL: My $2,000 compared to $100 for me to tie into

a sewer.

MR. GILLESPIE: That's what people are hung up on.

MR. MANSELL: I understand there's people over there that

might not be able to afford right up front to pay that deposit,

but I understand the Village having to have something to go

back on.

MR. DIETZ: Like John just stated, it costs you so much to tie

in to that sewer. If you build a new house on an empty lot,

you're gonna have to pay tap-in fee.

MS. SLUSARCZYK: $1,000.

MR. DIETZ: $1,000. You're gonna have to pay.

MR. CAMPBELL: You gotta pay to put it in.

MR. DIETZ: Pay to put it in, all right. Now the engineered

homes, is that the right --

MR. GILLESPIE: Manufactured homes.

MR. DIETZ: Manufactured homes. When they put a new one on

the pad, Ronnie does all the work. He does the connection,

he does the water connection. Don't you do the water

connection?

MR. GILLESPIE: That's part of the fee though.

MS. SLUSARCZYK: So access to your utilities is PART of your

rent.

MR. GILLESPIE: No, it's part of the cost originally of the

new home. That's all figured in.

MR. RADTKA: Yeah.

MR. GILLESPIE: There's X-number of dollars for the home and

X-number of dollars to set it up.

MR. RADTKA: Yeah, for -- yeah.

MR. GILLESPIE: So yes, we paid also.

MR. RADTKA: I don't think.

MR. MANSELL: I'm not saying you don't pay fees. I'm saying

it's a lot cheaper to be paying that little deposit than for

somebody over on a land --

MR. DIETZ: New house.

MR. MANSELL: -- that owns land to tie into the sewer. I mean,

I don't even understand these people getting upset for getting

charged a deposit.

MR. GILLESPIE: You understand, when you put a new house on

there you pay a fee for them to set it up. You're paying for

--

MR. CAMPBELL: Rightfully so.

MR. GILLESPIE: For everything.

MR. PLATT: And I don't think that now this is about protecting

the Village's exposure.

MR. CAMPBELL: That's what the Solicitor keeps going back to.

MR. PLATT: And that's what -- you're a Board member, and

that's what you're to look after to do.

MR. GILLESPIE: I'm trying to do that. That's why I was

wondering if they --

MR. PLATT: You want everything. You --

MR. GILLESPIE: No.

MR. PLATT: The Village -- a person goes out and spends

23

$200,000 and acquires property and builds a home. And the

Village, you know -- yeah, they get sewer on the east side,

but the Village can sit there and go I can put that bill up

against that property and get paid for it. They can't do that

with your type of home. You're choosing to live there, okay.

So you should be like choosing pay the $100, you know, because

you don't have any --

MR. GILLESPIE: I don't have a problem. The other people do.

MR. PLATT: The other people do. But that's what the Village

has to protect.

MR. CAMPBELL: That's where Bruce is going. Unfortunately as

a Board, that's our responsibility to set this in place; and

they're gonna have to live with what we set in place. We all

know we're not gonna make everybody happy and we're not -- it's

just how this situation is. But we have to keep focus, it's

a system we can support with what we have in place and we have

things covered.

MR. GILLESPIE: Do you think the Solicitor -- or shall we just

say to the Solicitor this is what we're gonna do as far as the

agreement? You know he's not happy with the water agreement.

MR. CAMPBELL: He said yes, that billing procedure could be

implemented by the BPA for Imperial customers. Pursuing that,

what would we need to put something like that in place. And

I'm sure I'll get a response.

MR. DIETZ: I think we just need to settle on the $100, and

that's it.

MR. RADTKA: And how we could -- if there is a way --

MR. DIETZ: That we can collect it.

MR. CAMPBELL: Well, the way -- the standard way is you pay

your $100 deposit and you're done. I do see the complications

of -- I see the ease of it from the tenants' side of breaking

it up. But the complicated part is now it's part of our bill

as a deposit. If they're late, which we'll have some that are

late and not paying the bill, you're assessing penalties to

a deposit that it's not the bill. They're two separate

entities. It complicates things.

MS. SLUSARCZYK: The minute they come in, it's upon

application.

MR. CAMPBELL: Part of the application is filling out --

MR. GILLESPIE: If -- what if the guy doesn't pay the deposit,

are you gonna shut him off?

MS. SLUSARCZYK: Let's step out of the deposit scenario. Each

meter will apply for a permit, period, per our bylaws. So it's

not $100, by my understanding it's going to be $190. Now am

I gonna tack on -- because we did not allow that for any of

the residents in the Village, they paid the $90 or their

contractor paid the $90; and then I worked on the permit for

them to be able to connect. Are we gonna require that all 280

or whatever X-number accounts --

MR. CAMPBELL: That would be something that we would have to

put in this agreement that is either waivered or structured

because of the Imperial situation.

MR. RADTKA: There -- because you're only having the one tap,

you're not having 280.

MR. CAMPBELL: But as they pointed out, our bylaws --

MS. SLUSARCZYK: They would all have to be paid before we would

turn on or allow access to --

MR. RADTKA: You know, in that case the tap would be Imperial's

obligation.

MR. DIETZ: Right.

MR. RADTKA: The $90 permit fee or the $90, you know --

MR. PLATT: Right, to tie your lateral to our manhole or

however it goes.

24

MR. RADTKA: The permit fee or that wouldn't be per resident

or per home because they're not -- first, they don't have 280,

300 taps you're setting.

MS. SLUSARCZYK: Well, the permit wasn't to make the tap. You

were there when we developed the fee, and it was based on per

meter.

MR. CAMPBELL: It's based on per meter as it reads now.

MR. DIETZ: So you're only gonna have one meter, right.

MR. CAMPBELL: There's one meter at this point.

MR. DIETZ: At this point, at the pump station.

MR. CAMPBELL: I think we structure how we feel is appropriate,

Paul puts the verbiage to it. If there's complicated things

in there, we say that's not how we think it applies with our

agreement with Imperial.

MR. RADTKA: I think the thing we need to see if there's any

way -- probably the majority of the people could come in and

pay the $100 deposit no problem. But there's gonna be --

MR. CAMPBELL: There's gonna be some that can't make it.

MR. RADTKA: There are some that just don't have the $100 to

do it to where if it could be broke down under some certain

circumstances --

MR. MANSELL: What do you do -- John asked the question and

y'uns got off on something else. What do you do if somebody

doesn't pay the deposit, what's the procedure?

MS. SLUSARCZYK: They don't get service. We don't even take

their application.

MR. CAMPBELL: That's what complicates it. That's exactly

the point.

MR. MANSELL: Where I was gonna go with that, if you're going

to change something in your bylaws for this specific situation

--

MR. CAMPBELL: I wouldn't look to change the bylaws. The

agreement would structure --

MR. MANSELL: But there's gonna be some tweaks to --

MR. CAMPBELL: The agreement structure.

MR. MANSELL: Why wouldn't Bill be receptive or would you be

receptive of giving people the year to pay it in four payments?

MS. SLUSARCZYK: How would you track that?

MR. MANSELL: Not on the bill.

MS. SLUSARCZYK: You still have to keep track of A, B and C

paid X, Y and Z.

MR. MANSELL: If you say $25 dollars a quarter.

MS. SLUSARCZYK: Think outside the box. You're collecting my

payment. I'm to pay you before the end of March my first $25

payment. I don't. What are you gonna do?

MR. MANSELL: I'm asking. I don't know.

MS. SLUSARCZYK: Well, I don't either. That's why I'm saying

those are things that I have to --

MR. RADTKA: That would be part of the agreement. It would

be just like if you --

MR. CAMPBELL: Shut of their water. That's the only thing

you've got control over.

MS. SLUSARCZYK: For what reason?

MR. RADTKA: For not paying the deposit.

MS. SLUSARCZYK: Deposit on water. We haven't acknowledged

them as a sewer customer yet because they can't be a sewer

customer until they've made their deposit. And if they

haven't made it --

MR. RADTKA: They will still sign a permit, and they would just

sign a promissory agreement that they're gonna make

installments on that.

MR. MANSELL: If you gave them the option of make the $100,

or if they couldn't afford the $100 if we set something up to

25

pay it in four quarters, why couldn't you --if most of the

people come in and pay the $100, you're good to go. The ones

that wouldn't want to come in, say you have 70 of the 300 over

there that say I can't afford $100 up front, I would like to

have the four quarterly payments, that you -- those people,

you got 70 of them. If you were to track it and they didn't

pay their $25, turn their water off, they would want to know

why their water was turned off.

MS. SLUSARCZYK: Can you turn of their water for not paying

their sewer?

MR. CAMPBELL: That would be Paul's decision if we could

legally do it.

MR. MANSELL: If I don't pay a sewer bill, what do you do to

me? Do you turn your water off?

MS. SLUSARCZYK: Your bill is not separate.

MR. MANSELL: But we're billing these people off of water.

That's the only way we regulate what each person is gonna get

a bill for is off their water. They're making up for the I&I

in their system and stuff. That's the meter in there. Better

we're billing each resident off their water meter. I don't

understand if you go over there -- if they don't pay their

sewer or their fee, you go over and shut off their water and

they're gonna come and find out why.

MS. SLUSARCZYK: Because you haven't established them as a

sewer customer yet.

MR. MANSELL: But if they sign up and everything --

MR. GILLESPIE: With a promissory note.

MR. MANSELL: They come in and say I can't afford $100. The

ones that come in and pay the $100 are signed up, right? These

people say I can't afford the $100, but I could afford $25 a

quarter.

MR. GILLESPIE: They sign a promissory note, and they're

signed up.

MR. MANSELL: What can we do to get them signed up by going

that route? By signing a promissory note, I think.

MR. CAMPBELL: I can ask Paul.

MR. GILLESPIE: He said we could do it.

MR. MANSELL: Well, if that deposit's the only thing stopping

it, how many meetings are you gonna have on a deposit? You

either say $100 or figure something out.

MR. CAMPBELL: That's where we're at.

MS. SLUSARCZYK: That's where we've been. Going back to 2009

it wasn't us that stuck with $100. Imperial came back and said

they wanted to pay $3,000 into an account.

MR. RADTKA: The Board reject that and said they don't want

that.

MS. SLUSARCZYK: We're not connecting now, we might as well

wait.

MR. RADTKA: They didn't say they're not connecting now. The

reason they said is we don't need a deposit because we're gonna

treat them like every other home in Lordstown.

MR. MANSELL: John, here we go.

MR. RADTKA: And if they don't pay their bill, the service will

be terminated until the bill is made zero balance. Regardless

if it goes back to the banks, the realtor pays for it, the

homeowner, a new homeowner pays for it, a bank pays for it;

until that's made current the service is disconnected. They

don't even -- the Board told us we didn't care who paid for

it. It would be reinstated when we have it at a zero balance.

That's why that was pulled off the table.

MR. CAMPBELL: I just feel as a Board now that's a difficult

thing to implement. I really do. The person walks out the

door, leaves a $300, $400 bill. Someone -- it sits there until

26

someone else wants that pad. A person that doesn't even set

foot on the thing, you say you owe us $300, $400 because the

other person didn't pay. that's a very difficult thing to

implement.

MR. GILLESPIE: They have a house that they own.

MS. SLUSARCZYK: We service the address.

MR. CAMPBELL: But if someone else comes in, it's gonna be the

new person.

MR. GILLESPIE: Where you're coming from it's not an empty pad,

it's a house. If somebody abandons that house, it's just like

you abandon your house. If you leave your house and didn't

pay the water bill, who's gonna pay it. You don't care how

it's done.

MR. CAMPBELL: You just walk away from it. But we were saying

at this point that we're gonna say all right, this is just gonna

sit there until someone wants service on that property. We

don't care who pays that, but someone --

MR. GILLESPIE: It could be spelled out, that's exactly right.

So you would be the same thing as a regular homeowner.

MR. CAMPBELL: This is a different --

MR. GILLESPIE: I know.

MR. CAMPBELL: As a Board now I'm not comfortable with

implementing something like that. I don't feel that's the

right way to progress with it. With the good and bad with the

deposit, I still think it's the way we need to move with it,

implementing the details. We're spinning our wheels again.

I can't see beating a dead horse.

MR. RADTKA: I just think we need to find a way to -- if like

John said here, if there is a way we have X- amount of people

that come up that are in hardship case that can't afford it,

what can we do to help that, you know, number of people out

until they meet their requirements of the deposit.

MR. CAMPBELL: The complicated part of this is we need to work

with the Clerk's office because that's where the nitty gritty

hits the road on handling it.

MR. RADTKA: I think that's the whole stumbling block.

MR. CAMPBELL: If that means we sit down with Bill for a

meeting, say here's what we want to do. Paul says that there's

legally our boundaries.

MR. GILLESPIE: Maybe that's it.

MR. MANSELL: And I'm just asking questions, I'm not saying

--

MS. SLUSARCZYK: I don't care whatever we do, I just have to

practice it.

MR. MANSELL: Don't you have things in your records there, or

however you want to term it, where you give people a chance

to pay partial payments on water and stuff too if they can't

--

MS. SLUSARCZYK: On the bill on water rent. Not at the front.

MR. MANSELL: Well, is there anything that can be worked out

on there?

MS. SLUSARCZYK: A deposit is held in trust, and we can't touch

that money. So when somebody goes to leave, okay, and I look

at the record and I see oh, a $25 deposit for sewer, if I don't

know or forget, Jane Doe down the road in 10 years goes well,

here's your $25 deposit back. When if, in essence, they make

$25, $25, $25 and $25, it's a trust. We can't touch that money

unless they're in default. Like I said, I told Bill, I said

Bill; no, no, we're not doing that. Everything we state says

-- when you want service and you call the phone company, do

you get a phone before you put a deposit down on your phone?

No. When you have the deposit, come talk to me.

MR. MANSELL: Then put the $100 on and move forward.

27

MR. CAMPBELL: Well, the complicated part is we can shut of

their water until we get a deposit. But how fair is that to

a resident? Do you think that's a fair way to implement to

the park? You've been a pretty good water deposit; but you

can't make your sewer deposit, so we'll shut of your water.

MS. SLUSARCZYK: When we legally don't have a line going to

their address saying your sewer is getting shut off.

MR. CAMPBELL: Let me back up and go with that.

MR. PLATT: What could the park do?

MR. GILLESPIE: Well, I put that in there. If you put a

securities bond in --

MR. PLATT: What could the park do to like give the Village

that security?

MR. CAMPBELL: The comfort feeling.

MR. PLATT: For those, you know -- so that nobody would have

to pay a deposit.

MR. RADTKA: I don't know.

MR. GILLESPIE: He'll have to find out.

MR. CAMPBELL: That's something to investigate from your side.

MR. RADTKA: I'm not gonna answer you right now, Bruce. I

mean, I'm not trying to --

MR. PLATT: Yeah, but I'm just making everybody think in the

room.

MR. CAMPBELL: The good part of that, just thinking out loud,

is it makes us very clean to transition over, we don't have

to worry about getting 280 deposits from everybody. The facts

are true like we discussed, it's not something that happens

all the time. But that's partly because we have things in

place that they're responsible for. If a tenant felt like hey,

Imperial's gonna eat this 1 in the end and I'm just gonna walk

away from it, then they're left on the hook on their side.

MR. RADTKA: Here's where I'm talking out the other side of

my mouth is having a deposit that gives a person responsibility

to the person; hey, I gotta pay my bill.

MR. CAMPBELL: I'm on the hook for it.

MR. RADTKA: Yeah, they're on the hook for it.

MR. CAMPBELL: It's not an easy subject. But it's something

for you guys to investigate, I appreciate that.

MR. PLATT: Like you did originally off, you know. I don't

know why it was not agreed to, you know.

MR. GILLESPIE: The deposit originally.

MR. PLATT: To put some type of deposit.

MR. CAMPBELL: It's worth investigating.

MR. PLATT: Probably the biggest reason was the pump station

isn't working, so why worry about it now.

MR. CAMPBELL: Well, we still kind of have this situation,

let's hope we can move faster than that. All right.

MR. RADTKA: Just last thing. If you guys could, you know,

look into if there's anything you can do on deposit-wise, we'll

look the other way.

MR. CAMPBELL: You look your side, we'll continue down the

other path and say maybe that's the way to go.

MR. RADTKA: It's not gonna be a majority number.

MR. CAMPBELL: The ones that are not able to make the deposit

are the ones that are gonna need the deposit. The ones that

you probably need to have a deposit for are the ones that are

needing the deposit --

MR. PLATT: Maybe anybody new moving in needs the deposit.

MR. GILLESPIE: Yeah, I said that. We should have that in our

bylaws or the agreement.

MR. RADTKA: Yeah, that's just like an application for your

water, that's automatic.

MR. DIETZ: You guys will have that in your bylaws or stuff?

28

MR. RADTKA: But when they come over to sign up for utilities

for the water, that's just --

MS. SLUSARCZYK: Thinking out loud, they're saying that right

now. Tomorrow somebody comes in and signs up for water at 32

Dove Drive. I say well, one day we're gonna service you with

sewer, I want $200 for your deposit.

MR. RADTKA: They would be implemented for what happens like

everybody else, when it's ready to go.

MS. SLUSARCZYK: Not until it's ready to go.

MR. CAMPBELL: Those are ideas. That's what a meeting's for.

MS. SLUSARCZYK: It sounds simple. But when you actually go

to walk the walk, I can take a deposit if we are setting it

in an envelope. We're not allowed to hold checks, there are

so many things we're bound by. In addition, you have high

turnover -- or you have turnover, you know. There could be

a rental house that in one year could have two or three

different rentals or renters into it.

MR. RADTKA: In the renters, we'll do the same agreement on

that as we do the water.

MS. SLUSARCZYK: We don't have anything with you with water.

MR. RADTKA: Yeah, you do.

MS. SLUSARCZYK: They do not pay Imperial. One time we have

them set up one thing until it was clarified when the homes

go back to Imperial. They do not.

MR. RADTKA: The renters come in and sign up for water and pay

the deposit. So they'll be treated the same way, they'll pay

the sewer deposit. And then if they did leave and the deposit

does not cover the sewer bill, then we would pick up the balance

on the renters, not the --

MS. SLUSARCZYK: On the renters?

R. RADTKA: Right.

MR. CAMPBELL: All right.

MR. RADTKA: That would be the same. But one thing to look

into was the City of Austintown, no different. I mean, to get

utilities there they charge a deposit; and they did add that

on to the utilities. Because my nephew just moved in there.

So I don't know if they could answer any questions of how they

possibly structure it.

MR. DIETZ: The township?

MR. RADTKA: Well, it's Austintown -- oh, yeah.

MR. DIETZ: It is a township.

MR. CAMPBELL: So on his bill is a broken-up deposit.

MR. RADTKA: Yeah, he pays so much per month.

MS. SLUSARCZYK: In Austintown.

MR. RADTKA: I'll find out more tomorrow. I'll give him a

call. He might have something in a copy of their bylaws or

something that might state it or --

MR. CAMPBELL: Yeah. More questions for Paul too.

MR. RADTKA: He just moved to Austintown. He actually moved

in Sunday.

MR. CAMPBELL: Well, this was longer than I expected; but I

do appreciate and I think we covered some ground tonight.

MR. GILLESPIE: Motion to adjourn.

MR. CAMPBELL: I'll second. All in favor?

(All answer aye.)

C E R T I F I C A T E

STATE OF OHIO )

TRUMBULL COUNTY ) SS.

I, Deborah I. Lavelle, a Notary Public in and for

the State of Ohio, duly commissioned and qualified, do hereby

certify that the foregoing meeting before the Board of Public

29

Affairs was written by me in the presence of the Members and

transcribed by me using computer-aided transcription

according to the stenotype notes taken at the time the said

meeting took place.

I do further certify that I am not a relative,

counsel or attorney of any Member, or otherwise interested in

the event of this action.

IN WITNESS WHEREOF, I have hereunto set my hand and

affixed my seal of office at Niles, Ohio on this 16th day of

February, 2013.

_________________________________

DEBORAH I. LAVELLE, Notary Public

My Commission expires April 9, 2017.