Minutes

DEFIANCE TOWNSHIP TRUSTEES

December 30^th, 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 December 30^th, 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: John Diemer – 23361 Defiance-Paulding Co Line 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 Wagner 24815 Watson Rd, Patty Diemer 23361 Defiance-Paulding Co Line Rd, & JoEllen Houck of 8 Deville Drive, Defiance, Ohio.

ORDER OF BUSINESS NO. 1

Review and approval of minutes of the previous session.

a) Chairman Ankney requested a motion for the approval of minutes from the November 25^th, regular session.

MOTION: Charles Bakle

SECOND: Dan Peck

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

The MINUTE’S for the November 25^th, session were approved.

ORDER OF BUSINESS NO. 2 - citizens concerns

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

i) There was none.

ORDER OF BUSINESS NO. 3 - FINANCES –

The following financial reports provided to the Board were reviewed.

a) The November monthly Reconciliation – noted a primary checking reconciliation balance of $184,627.94 as of November 30^th, 2008….. balance is minus the outstanding checks and Township investment funds.

b) Receipt & Payment reports

i) Receipts for December 2008 were $14,605.97. Payments for December (bills & payroll) totaled $35,294.91.

c) The Cash fund summary through December 31^st, 2008, showed an “ending cash balance” of $885,054.93.

d) The unencumbered cash balance “cash available” was $720,028.59 which is the balance after encumbrances are subtracted from the cash balance.

e) Appropriation Status showed that through December 31^st, 2008, 21% 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 2^nd 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 12-31-08 was $721,115.93.

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

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

i) The fiscal officer informed the Trustees and the twp staff that the Twp accounts for 2008 are closed and nothing can be spent until Trustees meet at the organizational session on Jan 13^th and adopt the 2009 appropriations.

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

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

MOTION by: Charles Bakle

SECOND by: Dan Peck

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

The December financial reports were approved.

ORDER OF BUSINESS NO. 4 – 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) December 2008

(1) Recieved a complaint from Norm Solly 20096 Powers Rd. He advises a recently dug pond behind his home at 13113 Krouse Rd is causing surface water to drain onto his property. I contacted Def Co Soil & Water, Chad responded and did a site review taking pictures. Chad advised me he did not see a problem. I also did a site review and all water had drained off as well. I feel the proper action to take at this time is a wait & see approach. The next heavy rain in this area I will do another site review.

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

i) There were none.

ORDER OF BUSINESS NO. 5 -- Equipment;

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

i) Mr. Schlegel stated that the transmission on the international dump truck seems to be sticking. Mr. diemer said this is normal for this unit. The unit operates ok only that there is a slight delay in shifting into gear from the point of moving the shift from one gear to another.

ii) There were no other issues noted.

ORDER OF BUSINESS NO. 6 - Trustee Report – Monthly Twp Rd inspection

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

i) Mr. Peck advised:

(1) That the roads were snow and ice covered.

(a) Sponseller has a wash out west side just north of the county line.

ii) Mr. Bakle stated the sheriff’s office called him during the recent ice storm and asked to have twp trucks salt.

(1) Trustees noted that it is twp policy to salt only the intersections – same policy as the Co Engineer’s office.

(a) Trustees confirmed this policy but retain the right to instruct crew to salt roads as the situation may dictate after consultation with Trustees.

iii) Mr. Diemer then noted that the Co line road has several sever ice covered spots. This road goes from clear to ice and is somewhat hazardous in his opinion.

(1) Trustees instructed crew to salt the ice patches.

(2) Schlegel asked for clarification as to when he is to go out on the roads.

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 12-30:

(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 was approved to coordinate some of the drainage work which is to take place in fall 08 and cost is limited to $24,000.

1. this has not taken place as of this session.

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

(iv) The fiscal officer reported that the engineer contacted him in Dec. to have him present to the Trustees the following:

1. If the engineer’s office re-bids the project in jan-feb 09 then the above noted drainage work would be included in that bid spec.

2. If the Trustees wish to have the eng coordinate the drainage work then the road const proj bid would be set back until March or April so that a “start” date specific could be identified in the bid specifications.

3. Trustees must make a decision soon which method they desire.

4. The engineer thought that the best prices might be achieved with the drainage work included as construction companies are looking for work now.

(c) The chair asked for discussion.

(i) Trustees agreed that it would be best for the Twp to bid the project as a whole including the drainage work which was previously to be separated out; so that the project could reach a conclusion.

Mr. Ankney requested a motion to accept the Engineer’s recommendation to bid the project in Jan. the project will included the drainage work.

MOTION by: Dan Peck

SECOND by: Charles Bakle

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

The 2^nd half Kiser road project – including drainage work – was approved for public bidding. Mr. Ankney will inform the County Engineer to proceed with the public bid process.

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

ii) Twp cemeteries –

(a) The Chair asked if there was any discussion on Twp cemeteries?

(i) It was noted that limbs had been removed from ice damaged trees along St Rte 111 from the recent ice storm. There limbs were stacked up near the entrance to Cromley cemetery. Trustees believe the local electric company servicing that area must have done this maintenance work. Trustees instructed the Twp crew to wait a week or so to see if the electric company would pick these limbs up. If not the Twp crew would pick these up and dispose of them.

iii) Trustees then reviewed Exhibit 6-c – iii. This is the annual County Engineer’s office 2009 “participation form. Trustees must review and sign. Trustees determined that the Kiser road rebuild project is probably all that could be done this year relative to the Township budget. The form was filled out to indicate that Kiser Rd rebuild would be the Twp project for 2009. All Trustees signed the form and instructed the clerk to return it to the Co Engineer.

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

i) There was no other project discussion.

ORDER OF BUSINESS NO. 7 – Handouts were distributed as noted below:

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

ORDER OF BUSINESS NO. 8 - Old Business

a) Def Twp Trustees discussed the process of their position to have Def Twp represented on the Ayersville Water & Sewer Bd. This position was taken at the Nov 08 session.

i) Mr. Peck said he was in email communication with AWSB attorney Kim Baker. A copy of the email is in the clerk’s files. The Highland Twp Trustees appoint to this Board. She is working with Mr. Peck to determine if a Def Twp Trustee recommendation would receive an appointment.

ii) Def Twp Trustees have recommended Mr. Carl Wagner 24815 Watson Rd. Mr. Wagner was recognized and stated he had been in contact with the AWSB but was told they would let him know by Dec31st and he has not heard anything.

iii) Mr. Peck said he would re-contact Ms. Baker.

b) The chair asked if there was any other old business? There was none.

ORDER OF BUSINESS NO. 9 - New Business

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

b) Exhibit 9-a is an email from the solid waste district coordinator’s office asking for the Twp to approve a resolution of support of the recently re-written Solid Waste District waste management plan. It notes that the Plan is essentially a duplicate of the current plan. The rewrite is a requirement by state law and is done every five years. A copy of the plan is available for review on the web at http://www.defiance-county.com/esl/DFPW-2008.pdf

i) The rewritten plan has passed a 30 day public notice period and public hearing without comment.

ii) The Chair asked if there were any questions. There were none.

iii) The Chair asked for a motion to approve the proposed resolution #11-2008 of support for the swd Plan.

MOTION by: Charles Bakle

SECOND by: Dan Peck

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

The resolution of support – exhibit 9-a resolution #11-2008 was approved.

c) Trustees then reviewed Exhibit 9-b, a notice from the County Engineer of the annual “Def Co Trustees and Elected Officials” meeting hosted by the County Engineer. This session will be at the Co EMA building in Brunersburg on Jan 15^th @ 6p.m. cost is $8 per person.

i) The clerk will phone in the RSVP’s

ii) All Trustees & the fiscal officer will attend.

d) The Defiance county soil and water provided Trustees exhibit 9-c – a packet of information on the proposed investigation of a need to clean the Colwell ditch. There were be a public hearing on Jan 6^th, @ 7p.m. at the soil and water office at the County’s Evergreen Lane office complex on Evansport road.

i) Trustees will be represented at the meeting.

e) Trustees were then informed that the annual State Twp Winter conf is Feb 4, 5 & 6, 2009.

i) The fiscal officer will make attendance arrangements for those Trustees who wish to attend.

(1) Mr. Ankney and the fiscal officer will be attending.

f) The Chair asked if there is any other new business to come before the board?

i) Mr. Peck stated he believed that that the issue of the grindings from ODOT which were received by the Twp during the late summer of 08 should be more clearly defined in the mins. Some of the grindings were placed by ODOT directly on the Twp work site - Krouse rd. The placement of the grindings on Krouse road was at the direction of Mr. Bakle while he served in his capacity as a supervisor for ODOT. This caused the State ODOT to investigate a possible ODOT work rule violation.

(1) This issue developed in the early spring when Trustees discussed the possibility of getting grindings from ODOT const projects and using these grindings on Twp roads. (see Oct, Sept, and April 08 mins – which refer to the Krouse rd proj). The April mins noted that the Twp requested grindings from ODOT to be placed on Krouse rd during the 08 construction season. This comment was the interpretation of the clerk-fiscal officer.

(2) Mr. Peck and Mr. Ankney noted they had been contacted by ODOT’s investigator (John Shore) earlier this year and questioned about the process in which the Twp worked with ODOT officials to acquire the grindings. ODOT only takes this type of material to central storage areas. ODOT employees are not allowed to work on non-state projects.

(3) The fiscal office had also been contacted by Mr. Shore.

(4) Mr. Peck wants a summary of the issue in the minutes:

(a) Def Twp requested grindings from ODOT; both Mr. Ankney and Mr. Bakle made this request.

(b) The mins of April’s session noted that the Twp requested the grinds be placed on Krouse rd – those mins were the interpretation of the discussion during the April session by the clerk-fiscal officer.

(i) That interpretation has no impact on ODOT rules. (the clerk made this same statement to ODOT’s investigator.)

(c) Mr. Bakle ordered the grindings (as an ODOT supervisor) to be placed on Krouse rd.

(i) ODOT’s position is that the grindings should only have been taken to a Twp storage area(the Twp maintenance building). So placing some of the grindings on Krouse rd was an apparent violation of ODOT rules.

ii) Both Mr. Ankney and Mr. Peck were told that any future issues involving ODOT and the Twp should have Mr. Bakle abstaining from discussion and from voting on those issues.

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

i) There was none.

ORDER OF BUSINESS NO. 10 - NEXT MEETING:

Date: Tuesday January 13^th, 2009 – The Township’s Annual re-organizational meeting.

Time: 7:30 p.m.

Place: 2^nd 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 December 30^th, 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

MEETING ADJOURNED

Respectfully Submitted

Timothy J. Houck, Fiscal Officer-Clerk