November 25th,  2008 MEETING


The Defiance Township Trustees met in regular session at the Defiance County Commissioners building – 2nd Floor conference room,  500 Court Street,  in Defiance Township, Defiance,  Ohio,  on November 25th,  2008 at 7:30 p.m.  Following the Pledge of Allegiance the Chair instructed the clerk to call the roll, answering as present were: Daniel Peck, Charles A. Bakle Jr. and Richard Ankney;  also present was Tim Houck, Township Fiscal Officer-Clerk.  All three (3) members of the BOARD OF TRUSTEES having answered the roll, a quorum was present.


Township employees present:   Joe Kolb 16492 Cullen Rd,  and James Schlegel (equipment operator and zoning inspector) – 220 Pinewood.


Other(s) present were:  Ruth Ann Schofield 15968 Campbell Rd,  Penny Bakle 1204 Washington Ave,  Carl & Augusta Wagner 24815 Watson Rd, &  JoEllen Houck of 8 Deville Drive, Defiance, Ohio. 



Review and approval of minutes of the previous session.

a)    Chairman Ankney requested a motion for the approval of minutes from the October 28th,  regular session as amended. (see strike through in the Oct minutes). 


MOTION:  Charles Bakle

            SECOND:  Dan Peck                                                                                                          

YEA(s) 3         NAY(s) 0                      Passed              X                    Failed

The MINUTE’S for the October 28th,  session was approved as amended.


ORDER OF BUSINESS NO. 2 -  Review and approval of minutes of the November 18th “special personnel” session.

a)     Mr.  Ankney requested a motion for the approval of minutes from the November 18th,  special personnel session. 

MOTION:  Charles Bakle

            SECOND:  Dan Peck                                                                                                          

YEA(s) 3         NAY(s) 0                      Passed              X                    Failed

The MINUTE’S for the November 18th,  special personnel session was approved.

ORDER OF BUSINESS NO. 3 - citizens concerns

a)     The chair asked for citizen concerns from the floor.

i)       Carl Wagner 24815 Watson Rd asked if the Trustees remained opposed to the Ayersville Water & Sewer Board’s (AWSD) effort to mandate residents of Defiance Twp into the Ayersville Water & Sewer District’s territory of service.

(1)   NOTE:  in previous sessions this year the Def Twp Trustees have stated, for the record, the Board’s opposition to the AWSD’s ongoing expansion by declaring residents in it’s district even before water lines have been expanded to that resident’s property.  It was discovered in one of these past sessions that a court ruling has defined the AWSD’s territory which includes areas where water lines have not yet been constructed.

(2)   The Board again reaffirmed its opposition to the inclusion by fiat of Twp residents into the AWSD service area, but noted it has been told by its attorney (County Prosecuting Attorney represents the Twp) that the Trustees of Defiance Twp have no authority in this issue.

(3)   Trustees Bakle and Peck both lamented the situation and noted that there are two openings on the AWSD Board that will be filled in the spring of 2009.  AWDS representatives have in the past informed the Def Twp Trustees that if they have someone interested in running to represent that territory of the AWSD that is in Def Twp they should ask the Highland Twp Trustees to nominate that person.  Mr.  Peck said he would again contact AWSD to follow up on this.  Trustees asked Mr. Wagner if he had an interest in running for a AWSD Bd position – Wagner said he did.

(4)   The discussion concluded.

ii)      Again, the Chair asked if there were any other citizen concerns.

(1)   There were none.



The following financial reports provided to the Board were reviewed.

a)     The October monthly Reconciliation – noted a primary checking reconciliation balance of $178,071.54 as of October 31st,  2008….. balance is minus the outstanding checks and Township investment funds. 

b)     Receipt & Payment reports

i)       Receipts for November 2008 were $19,192.31.  Payments for November (bills & payroll) totaled $12,695.11.   

c)     The Cash fund summary through November 30th,  2008,  showed an “ending cash balance” of  $904,855.85. 

d)     The unencumbered cash balance “cash available” was $711.889.29 which is the balance after encumbrances are subtracted from the cash balance. 

e)     Appropriation Status showed that through November 30th,  2008,  17% of the years’ appropriations had been expended. The budget is in line with the goals set by the Trustees to put aside a cash reserve to be applied to the 2nd half of the Kiser Road re-build project which is scheduled for the 2009 construction season.  All reports will be on file in the Fiscal Officer’s office.

f)      The fund status report showed:

i)       The money market investment fund balance as of 11-31-08 was $720,287.11.

g)     The Trustees reviewed and signed the bills for the month.

h)     payroll for November was then reviewed and checks signed by the Trustees.

i)       Trustees then reviewed notice from the County Treasurer provided as exhibit 4-g which stated that the Township would receive .4% of an estate which is being probated.  The Treasurer estimates that the Twp will receive approximately $23.64..

j)       The fiscal officer informed the Trustees and the twp staff that the Twp accounts for 2008 will be closed out the last week of Dec and that any purchases (billing info) needs to be immediately provided to the fiscal officer and that no purchases should be made after Dec 20th until the Trustees approve the new 2009 budget during the re-organizational meeting January 13th. 

i)       All acknowledged their understanding of this normal year end procedure.


Mr.  Ankney requested a motion to accept the November financial reports.   

MOTION by:   Charles Bakle                                                        

            SECOND by:   Dan Peck                                                    

YEA(s) 3         NAY(s)   0        Passed               X       Failed

The November financial reports were approved.


ORDER OF BUSINESS NO. 5 – Zoning - Status update on the following zoning Issues as of this session:


a)     The Chair asked for the Monthly Zoning report  - Inspector’s Report -  Mr.  Jim Schlegel

i)       November 2008

(1)   Home Addition Power Dam rd Froelich Permit Issued

(2)   Site Review Bowman Rd New Home

(3)   Site Review Krouse Rd Fence No permit required

(4)   Ref pending problem @ 931 Indian Bridge Ln after more numerous calls to Beneficial Finance I recently learned that Beneficial Finance has given up on this property and are taking a loss. The property has reverted back to previous owners whom has filed bankruptcy. The only avenue I feel I can take at this time is watch for Sheriff’s sale and contact new owner.

(a)   NOTE:  Trustees concurred.  The weed problem will be addressed when the property is sold at Sheriff’s auction.  As this is winter time no action to mow the weeds, by the Twp, at this time will be taken.


b)     Chairman Ankney asked if there is any other zoning issues to come before the Board.

i)       There were none.


ORDER OF BUSINESS NO. 6 --  Equipment;  

a)     The Chair asked if there were any comments or concerns from Twp employees on current or proposed new eq.

i)       Mr.  Schlegel asked to have his name added to the list of Twp personnel allowed to charge items at the TSC store. 

(1)   The fiscal officer will add Mr. Schlegel to the list.

ii)      The Chair noted a need to purchase:

(1)   Windshield washer fluid, towels, and antifreeze for twp rd equipment.

(2)   Twp rd crew will take care of this purchase.

b)     There was no further equipment discussion.


ORDER OF BUSINESS NO. 7 -  Trustee Report – Monthly Twp Rd inspection


a)     The Trustee Monthly Twp Rd inspection report, exhibit 6-a as completed by Trustee Bakle was reviewed.

i)       Mr. Bakle advised:

(1)   There should be more berm stone added to corner of Watson and Wilhelm – he reports a 2” fall at present.

(2)   Crews should berm and repair pot holes weather permitting as noted on the report.

(a)   The Twp crew was provided a copy and instructed to complete the work as noted.

ii)      The December - Rd review will be by Trustee Peck

iii)     Mr. Schlegel asked for an explanation of the procedure for when he is to go and salt and plow the Twp Roads.

(1)   Trustees advised:

(a)   Mr.  Ankney will do the call out.    


b)     Project(s) review: –

i)        Up-date on existing road projects – there is presently one major planned project for 09:

(1)   Kiser Rd project (1 full mile from Keller to Canal) – to be done in 2009.

(a)   See minutes forward from the Jan 07 session for project details.

(b)   As of 11-25-31:

(i)     the engineer’s cost estimate remains $270,000 to $350,00 including engineer’s office project expense for engineering and project management.

(ii)    the Engineer is coordinating some of the drainage work which is to take place this fall and cost is limited to $24,000.

(iii)   The Trustees voted in the July session to re-bid the project in Jan – Feb 09.

(c)    This item will remain on the agenda until completed

(d)   There was no further discussion on this project.


(2)    Sponseller Rd drainage project -  drainage will be to Bee-Tree ditch.  This item has been on Twp agenda’s from March 07.  see agendas from March 07 to Oct 08 for details.  The Trustees instructed that this project be removed from the agenda until work takes place – possibly if needed in the spring of 09.


(3)   Maintenance issues with Krouse Road (no estimated cost)

(a)   The twp is building the base for future long term repair.

(b)   The Trustees instructed that this project be removed from the agenda until work takes place – possibly in the spring of 09.


(4)   Lakeview Drive – replacement of catch basins on lakeview– approved by Trustees in Feb session) (no estimated cost) 2 of 3 had been replaced as of the June meeting..

(a)   Mr.  Ankney noted that this project was completed Nov 4th.


(5)   Twp cemeteries

(a)   Trustees directed the fiscal officer to inform the City Funeral Homes that a fee of $275 will be charged for the excavation and internment of graves in the Twp cemeteries.

(b)   RuthAnn Schofield 15968 Campbell Rd was recognized.  She asked if the Trustees need a list of those buried in Tuttle cemetery. 

(i)     Trustees did not request this list.


c)     The Chair asked if there were other possible road projects or comments.

i)       It was noted that a cross over needs to be replaced on Hammersmith near 20272.  This will be a spring 09 project.

ii)      There was no other project discussion. 

ORDER OF BUSINESS NO. 8 – Handouts were distributed as noted below:

a)     The Monthly (November 08) GrassRoots clippings was presented as exhibit 8-a

ORDER OF BUSINESS NO. 9 - Old Business

a)     Trustees discussed the hiring of a part time Twp operator to fill the “3rd back up “ position recently opened with the promotion of Mr. Schlegel from back up to primary.

i)       Trustees conducted interviews during the November 18th special session. 


ii)      Chairman Ankney asked for a motion to go into executive session for the purpose of hiring personnel including the setting of an hourly wage.   

MOTION by:     Mr  Bakle                                                   

            SECOND by:   Mr.  Peck                                                    

YEA(s) 3         NAY(s) 0          Passed            x         Failed

The Trustees moved into executive session for “personnel – hiring & wage determination”.

            The Trustees returned from the executive session chambers


Chairman Ankney asked for a motion to return to the regular meeting having made no decisions in executive session. 

MOTION:   Bakle                                                    

            SECOND:  Peck                                                     

YEA(s) 3         NAY(s) 0                     Passed              x                    Failed

The Trustees moved back into regular session..


Mr.  Bakle moved to offer the position (3rd back up) with no benefits and no commitment of hours to Michael Daniels - 21876 State Rte 637-- with a starting pay rate of $11.60 per hour.


Second by Mr. Peck

YEA(s) 3         NAY(s)   0        Passed               X       Failed

The motion passed. 


The fiscal officer is to provide Daniels with Twp employment documents and submit to OPERS.


b)     The Chair asked if there was any old business.

i)       There was none.


ORDER OF BUSINESS NO. 10 - New Business

a)     The Chair asks if there is any new business to come before the board?

i)       Mr. Peck asked if anyone has recently checked on the Twp records in the rented storage space at B & B Store & Lock.

(1)   The fiscal officer stated that no one has requested record information since the early spring.  The fiscal officer noted that at that time the records were in good condition.

(2)   Trustees directed the fiscal officer to check the current condition of the records and report back at the December meeting.


b)     The Chair again asked if there was any new business to come before the Board?

i)       There was none.




Date:                Tuesday  December 30th,  2009.

            Time:                7:30 p.m.

Place:              2nd floor of the Defiance County Commissioners building – conf room EMOC

                        500 Court Street - Defiance,  Ohio


Mr.  Ankney then requested a motion to adjourn the meeting of November 25th,  2008.   

It was moved by:  Mr. Bakle  

                        SECOND by:    Mr. Peck 

The roll was called and the vote was:                                                                                                    

YEA(s) 3         NAY(s) 0          The motion:      Passed              X                    Failed


Respectfully Submitted

Timothy J. Houck,  Fiscal Officer-Clerk