Minutes

DEFIANCE TOWNSHIP TRUSTEES

April 24th,  2007 MEETING

The Defiance Township Trustees met in regular session at VFW Post 3360 in Defiance Township, Defiance,  Ohio,  on Tuesday April 24th,  2007 at 7:30 p.m.  Following the Pledge of Allegiance the Chair then called for the roll, answering as present were:  Robert Layne, Daniel Peck and Richard Ankney;  also present was Tim Houck, Township Clerk.  All three (3) members of the BOARD OF TRUSTEES having answered the roll, a quorum was present.

 

Visitors present:   John Diemer – 23361 Defiance-Paulding Co Line Rd, Joe Kolb 16492 Cullen rd,  – Township employees,  James Schlegel (zoning inspector) – 220 Pinewood Ave & Zoning Board of Appeals member - Ruth Ann Schofield -15968 Campbell rd.

 

Other(s) present were:  Charles Bakle 1204 Wayne Street, & JoEllen Houck of 8 Deville Drive,  Defiance,  Ohio. 

 

ORDER OF BUSINESS NO. 1

Review and approval of minutes of the previous session.

Chairman Layne requested a motion for the approval of minutes from the March 27th,  2007 session. 

MOTION:  Richard Ankney

             SECOND:    Dan Peck                                                                                                      

 

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

The MINUTES were approved for the March 27th,  2007 meeting.

ORDER OF BUSINESS NO. 2 -  citizens concerns

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

a)   None were offered.

 

ORDER OF BUSINESS NO. 3  -  FINANCES – 

The following financial reports provided to the Board were reviewed.

a)   The March monthly Reconciliation – noted a primary checking reconciliation balance of $89,325.81 as of March 31st,  2007….. balance is minus the outstanding checks. 

b)   Receipt & Payment reports

i)      Receipts for April were $15,390.10.  Payments for April (bills & payroll) totaled $9,109.85. 

c)   The Cash fund summary through April 30th,  2007,  showed an “ending cash balance” of $551,585.03. 

d)   The unencumbered cash balance “cash available” was $409,065.97 which is the balance after encumbrances are subtracted from the cash balance. 

e)            Appropriation Status showed that through April 30th,  8.7% 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 2008 construction season & to have one year’s payment available for the Twp fire contract with the city of Defiance.  All reports will be on file in the Clerks office.

f)    The fund status report showed:

ii)      The money market balance was $451,155.96.

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

h)   Payroll for April was then reviewed and checks signed by the Trustees.

 

Chairman Layne asked for a motion to accept the financial reports.

MOTION:  Richard Ankney 

             SECOND:     Dan Peck                                                                                                    

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

The motion passed.

ORDER OF BUSINESS NO. 4 Township Zoning 

 

a)   The clerk provided the Trustees with minutes of the 3-27-07 Zoning Board of Appeals Bd session distributed as exhibit 4-a

 

b)   The minutes of the 3-27-07 Zoning Commission session was also distributed as exhibit 4-b

 

c)            Trustees then reviewed Exhibit 4-c a letter from the County Commissioners notifying Def, Richland, Noble & Tiffin Twp of the County’s resolution establishing  a District building department.  The resolution requested certification via a resolution by the Trustees to allow the County’s newly established building department to enforce the codes in Defiance Twp by county personnel.

i)      The Chair asked for a motion to adopt resolution 2007-09 – authorizing the County to enforce building codes in Def Twp.

It was moved by:  Mr. Ankney

             SECOND by:    Mr. Peck  

The roll was called and the vote was:                                                                                                    

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

 

d)            Trustees then discussed the proposed appointment of a Twp Zoning Bd of Appeals alternate.

i)      This position became open when Mr. Scott (an alternate) was elevated to the regular Board filling the spot previously held by Mr. Neal Detter.  Detter had verbally resigned earlier this year.

ii)      Exhibit 4-d is was distributed which was an e mail from the Zoning Inspector submitting Tim Gray of 400 Osceola St for consideration.

(1) Trustees determined that Mr. Gray was ineligible as the ORC requires that members of a Township zoning board of appeals or Board of Commission must live in the rural area of the Township (that area of the township not part of another political subdivision.)  Mr.  Gray’s residents’ is within the Defiance city limits.

iii)   Mr.  Layne then stated that he had contacted a Mr. Robert Williamson of 14877 St rt 111 – Defiance,  Ohio.

(1) Mr.  Williamson is a Twp resident and has agreed to serve as a Zoning Board of Appeals “alternate”.

(2) Mr.  Layne asked if there was any objection or discussion.

(a) There was none.

iv)  Mr.  Layne then asked for a motion to appoint Mr.  Williamson to the alternate position on the Township Appeals Board.

It was moved by:  Mr. Ankney

             SECOND by:    Mr. Peck  

The roll was called and the vote was:                                                                                                    

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

 

e)            Trustees then read a resignation letter from Mr.  George Decker.  Decker currently serves as an alternate on the Twp Zoning Commission.  The Trustees noted their thanks to Mr.  Decker for his past service and accepted the resignation.  The letter will be on file with the monthly meeting minutes.  Trustees will begin to seek a replacement for this position.

 

f)            Monthly report  - Inspector’s Report -  Mr.  Jim Schlegel - Defiance Township Zoning Report  April 2007

 

i)      Junk & Vehicle complaint on Co Line Rd has been resolved.

ii)   2nd complaint on Co Line Rd is progressing but not complete as yet.

iii)   Site review for Pond John Engel ST RT 66 Permit Issued

iv)  Site review Jimmy Price Out Building Cromley Rd Permit Issued

v)   Site Review New Home Krouse Rd George Schroeder Permit Issued

vi)  Site Review Ref 3 Citizens Complaints Kiser Rd - Concrete & Asphalt dumping. Rodent & wild animal infestation, Drainage Blockage. I am working with S&W and issued a Zoning Violation Notice. Owner is very cooperative so far. 30 day notice given.

vii)      Twp Zoning Permits Pending Out Building on Krouse Rd

viii) Also an outbuilding addition on ST RT 66.

End report

ORDER OF BUSINESS NO. 5 --  Equipment;  

 

a)   the chair solicited comments or concerns from Twp employees on current or proposed new eq.

i)      Diemer noted that he is getting the equip washed. 

ii)      Trustees approved hiring a company which uses a pressure washer that they bring on site.  Company name not known but is used by Keller Trucking.

iii)      Cost is thought to be $25 for small trucks & $30 for other units

(1) Mr. Peck is to get the contact information to Diemer.

 

b)            Trustees then discussed the proposed disposal of the Twp 1969 Galon 503 grader

i)      The Clerk had written a draft public notice (sale of eq) distributed as  (exhibit 4-b) of the sale of this item

ii)      The prosecutor was contacted and verbally informed the clerk to amend the draft to include a known reserve.

iii)      Trustees decided to authorize Mr.  Ankney to contact Frey Eq of Archbold to acquire a reserve (minimum amount accept in a written bid to buy) and get this information to the clerk so that the public sales notice could be published.

(1)            Mr.  layne then asked for a motion to approve Mr. Ankney to acquire the reserve and provide to the clerk and then to proceed with the advertisement of the sale of the equipment. 

It was moved by:  Mr. Peck  

             SECOND by:    Mr. Ankney

The roll was called and the vote was:                                                                                                    

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

 

c)   The chair asked if there were any other equipment issues to be discussed.  There were none.

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

 

a)   The  monthly road report was distributed as (exhibit 6-a) – the monthly Twp Rd inspection was completed by Trustees Layne & Ankney.  A copy was provided to Twp staff.  Work noted was berming, catch basin clean out and patching.

i)      May - Rd review by Board.

(1)            The clerk provided a new inspection form to the Board.   

b)            Chairman Layne then reviewed the status of the existing road projects

 

i)      Kiser Rd project (1 full mile from Keller to Canal) – to be done in 2008.

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

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

(3)            There was no additional discussion.

 

ii)      The 06 Indian Bridge Lane project (06 const of storm sewer and re-grade to address standing water)

(1)            Trustees were to see agendas of April 06 through Sept 06 for project details

(2)            As of this session the project work is complete except for seeding by Muntz landscaping of Holgate, Ohio, the bid amount was $1870. 

(a)      Seeding is scheduled for the spring of 07 when grd conditions permit.

(b)      The clerk is to contact Muntz landscaping to obtain a date of service.

 

iii)  In the Jan 07 session the Trustees noted that they have instructed the County Engineer to coordinate two road projects in 2007 –  see mins of that session for details.

(1)            Project 1 is - Indian bridge lane chipseal - $4,224.86 previously estimated at $3,240.42; and

(2)            Project 2 is - Hammersmith rd patches - $15,003.06  previously estimated at $10,242.51

(3)            Total project cost for road surface repairs = $19,227.92

(4)            Exhibit 6-c was distributed to the Trustees.  This item was the county engineer’s packet along with a Twp purchase order encumbering the funds for the work.  The co eng information noted that the Twp will receive a grant (either issue 2 or L-tip) in the amount of $16,067.00.  the remainder will be paid from Twp road funds. 

(a)      Trustees signed the purchase order – the project will proceed.

 

iv)      Trustees then reviewed their decision made in the Feb session to have the Defiance Co Engineer place 40” drain tile under Bowman rd & the Paulding Co Line road in 2007.

(1)            Trustees reported that they learned that only the Bowman project will take place in 07.  This project was nearly complete and Trustees anticipate the bill from the County Engineer’s soon.

(2)            Trustees are working to determine who has responsibility for this project – Def Twp or the Paulding Co Township. 

 

c)   The clerk reported on the order of Hwy signs

i)    All hwy signs have been delivered to the clerk.

ii)   in Feb - 4- “no through truck” and 10 “yellow blank marker” signs from Sa-So signs.

iii)   In March the  second sign order was placed

(1)            3 high water signs; and

(2)            3 stop ahead signs

(3)            size is 3’ x 3’

iv)  all signs were given to the Twp crew.

 

d)   Exhibit 6-e was a notice from the Co Engineer’s office of a drive way permit issued to Danielle Smith of 20419 Hammersmith rd. – there was no discussion.

e)   The chair asked if there were other possible road projects?

(1) None were offered at this time.

ORDER OF BUSINESS NO. 7  - Personnel    

a)   The Downes Hurst &  Fischel law firm of Columbus, Ohio, continue to work on personnel matters regarding the possible overpayment by the Twp to OPERS for benefits for Twp employee Mary Ankney.

i)      There was no discussion on this issue by the Trustees

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

a)            Monthly (April  07) GrassRoots clippings was provided as exhibit 8-a

ORDER OF BUSINESS NO. 9 - Old Business 

 

a)            Renewal of Twp fire levy.

i)      The agenda noted that in Nov 06 Trustees moved to place a “replacement levy” on the Nov 07 ballot.

ii)   Mr.  Peck is collecting data to negotiate with the City of Defiance on a possible contract renewal or to recommend to the Trustees an alternative service provider.

(1)            Mr.  Peck provided exhibit 9-a a packet of e mail communications between he and the city of Defiance and other municipalities relative to the cost of this service.

(2)            The chair asked Mr. Peck if he any further information.

(a)      Peck stated that:

(i)            He is under the impression that the City of Def has spoken with Highland Twp and he was informed by Highland Twp that they are withdrawing the letter of interest in providing Def Twp with a contracted service agreement; and

(ii)            Peck stated that he is beginning to reach a new position in that the Twp agreement with the City is not to bad economically speaking; and

(iii)            Peck has spoken with Def Fire Chief Mark Marentette & found a copy of the City – Twp agreement but no price is noted in that agreement.  The agreement is dated 1996 and a copy is now with the Twp records in the clerk’s office.

(3)            The chair asked if there were any questions for Mr. Peck – there were none.

 

iii)      The Clerk was recognized and explained that Exhibit 9-b was a packet of resolutions prepared by the county prosecutor’s office.  These must be adopted by the Trustees in order to place the levy on the November 07 ballot.

(1)            Procedures per the prosecutor’s office:

(a)      Adopt “resolution declaring it necessary to levy a replacement 2.0 mil tax levy and requesting the county auditor to certify the total current tax valuation & the dollar amount of revenue that would be generated.

(b)      After the Twp receives the auditor’s certification then resolution 2 must be adopted.  This resolution submits the levy to the electors of Defiance Twp. 

(2)            The prosecutor also provided draft ballot language for the Trustees and the county board of elections & a public notice & an acknowledgement letter from the Bd of elections to be signed by bd employees when delivered to their office.

iv)      The Chair asked for discussion.  There was none. 

v)      The chair then asked for a motion to adopt resolution 2007-10 – declaring it necessary to levy a replacement 2.0 mil tax levy and requesting the county auditor to certify the total current tax valuation & the dollar amount of revenue that would be generated.

It was moved by:  Mr. Ankney 

             SECOND by:    Mr. Peck  

The roll was called and the vote was:                                                                                                    

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

 

b)            Trustees then reviewed the status of the Sponseller Rd flooding – BeeTree ditch clean out-rebuild

i)    It was noted that the Clerk reported on this project in the March session.  Soil & Water to update Trustees later this year (May or June) item will remain on agenda until completed.

ii)   soil and water plans on doing  the upper end of the ditch in 2007.

iii)      Lower portion under a grant for work in 2008.

(1)            The chair asked for further discussion…..there was none.

c)   Twp records – storage/security

i)      Issue noted in the re-organization session – see re-org mins for details

(1)            Twp records are under lock & key at B & B Store & Lock @ 1535 Ottawa Ave – Def for $35 per month

(a)      Twp crew is working on the construction of a secured room at the twp maintenance building on Hammersmith rd – when complete the records will be moved to this location.

ii)      Discussion??

d)   Twp records – storage/security was reviewed.

i)      This issue was noted in the Jan 07 re-organization session – Trustees were reminded to check their re-org mins for details

(1) The clerk reported that the Twp records remain under lock & key at B & B Store & Lock @ 1535 Ottawa Ave – Def for $35 per month

(a) Twp crew is working on the construction of a secured room at the twp maintenance building on Hammersmith rd – when complete the records will be moved to this location.  Trustees in March 07 had asked the crew to solicit bids to add a room onto the Twp building instead of creating a room inside the existing structure. 

(i) It was noted that cost estimates must include all elements of construction

(ii) Mr.  Deimer was recognized by the chair:

1. He reported that to construct a room onto the building by extending the building’s south side: 

a. The shell and foundation of a 24 x 32 room could be constructed by Twp personnel for approximately $10,000. 

i. This includes labor & materials (walls, roof, windows, door & electric heat)

(b) Trustees took the information under advisement.

e)   The chair asked if there was any other old business.. none was brought forth.

 

ORDER OF BUSINESS NO. 11 - New Business 

 

a)   Exhibit 10-a was reviewed.  This was a letter from Signature Associates notifying the Twp that the 33 acre track at 13263 Harding rd is being proposed for development.  Trustees are to contact the company if they have questions or objections.

i)      The chair asked for comments and there were none.

 

b)   The chair asked if there was any new business to come before the Trustees.

i)      None was presented.

 

12)       NEXT MEETING: 

Date:               Tuesday May 29th,  2007 

            Time:               7:30 p.m.

Place:              VFW Post 3360 – 221 Clinton Street - Defiance,  Ohio

Mr.  Layne requested a motion to adjourn this meeting of April 24th,  2007 

It was moved by:  Mr. Ankney 

                        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,  Clerk