April 25th,  2006 MEETING


The Defiance Township Trustees met in regular session at VFW Post 3360 in Defiance Township, Defiance,  Ohio,  on Tuesday April 25th,  2006 at 7:30 p.m.  Following the Pledge of Allegiance the Chair instructed the clerk to called the roll.  Answering as present were Daniel Peck and Richard Ankney;  Robert Layne was excused.  Also present was Tim Houck, Township Clerk.  Two of three (3) members of the BOARD OF TRUSTEES having answered the roll, a quorum was present.


Visitors present:   Mary Ankney - 19133 Hammersmith,  John Diemer – 23361 Defiance-Paulding Co Line Rd, Joe Kolb 16492 Cullen Rd,  James Schlegel (zoning inspector) – 220 Pinewood Ave.  Other(s) present were:  Ruth Ann Schofield – 15968 Campbell Rd,  Charles Bakle Jr. – 1204 Wayne St. & JoEllen Houck of 8 Deville Drive,  Defiance,  Ohio.   




Review and approval of minutes of the previous session.


The Vice – Chairman, Mr.  Ankney, noted that the March minutes had an incorrect block number relative to work to be done on Hammersmith Smith as noted in Item 6-vi.  The correct block number is 21000 not the 23000.  The correction noted, Mr. Ankney requested a motion for the approval of minutes from the March 28th, 2006 session. 


MOTION:  Dan Peck


SECOND: Richard Ankney                                                                                                        


YEA(s)         2       NAY(s)         0                 Passed           X               Failed


The MINUTES were approved as corrected for the March 28th,  2006 meeting.


ORDER OF BUSINESS NO. 2 -  citizens concerns


a)  There were no issues raised under this section.




The following financial reports provided to the Board were reviewed.

b)  The March monthly Reconciliation – noted a reconciliation balance of $404,901.13 as of March 31st,  2006….. balance is minus the outstanding checks. 

i)   The balance was $87,094.93 more than the previous month’s balance.

ii)   This is the first month in the last four that a gain was posted.  

c)  Receipt & Payment reports

i)   Receipts for April were $49,573.30.  Bills for April totaled $7,403.72. 

d)  The Cash fund summary through April 30th,  2006,  showed an “ending cash balance” of $447,070.71. 

e)  The unencumbered cash balance “cash available” was $298,805.02 which is the balance after encumbrances are subtracted from the cash balance. 

f)   Appropriation Status showed that through April  30th,  11.7% of the years’ appropriations had been expended. All reports will be on file in the Clerks office.


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


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


Mr. Ankeny asked for a motion to accept the financial reports.


MOTION:  Dan Peck


SECOND:  Richard Ankney                                                                                                        


YEA(s)         2       NAY(s)         0                 Passed           X               Failed


The motion passed.


ORDER OF BUSINESS NO. 4 Township Zoning 


a)  Status update on the following zoning Issues as of this session: 


i)   Reprinting of Twp Zoning Rules – (Blue Zoning book)  - amended and adopted Oct 05 – the clerk reports:

(1) Trustees approved printing at Kinkos in Feb session at an increase in bid to approximately $1,100

(a) Clerk reports that the project is complete ….

(b) Books to be distributed @ or before the May session and an electronic copy will be posted on the Twp web site.


b)  A zoning Bd of Appeals session on 4-4-06 – was reviewed.  

i)   Trustees were provided  exhibit 4-b minutes of session

ii)   The 4-4 session was a continuation of the 3-28-06 session on the Baden request.  A copy of the 3-28-06 session’s minutes was also provided to the Trustees with the agenda as exhibit 4-b-ii.

iii) The clerk summarized the session:

(1) Baden requested to acquire approval to have one drive serve his - to be split parcel.

(2) Zoning rules require a minimum of 150’ road frontage per parcel

(3) The Property has 157’ so only one house can be built on the 13+ acre parcel

(4) Baden proposed to split the parcel into roughly two equal parcels and requested a variance to allow one drive to be shared for the two proposed parcels

(a) Neighbors present had objected for various reasons:

(i)  Alleged negative impact on their property values

(ii) Health issues raised from possible dust from the stone drive impacting a neighbors pond used for drinking water

(iii)         Aesthetics

(iv)         Historical – possible Indian burial grounds

(v) Natural habitat – “Indiana Bat” & a nesting Bald eagle (on St rte 111 – across the river)

(vi)         zoning rules prohibit this scenario (due to required road frontage) and such rules should be followed

(5) After due deliberation the zoning bd of Appeals by a 4 to 1 vote – denied the request.

(6) Trustees should refer to previous mins (zoning appeals sessions of Jan -06,  Mar 06 & Apr 06) of Twp Zoning Bd of Appeals for recent history of this issue.


c)  Trustees then reviewed a letter from the County Prosecutor’s Office - presented as exhibit 4-c.  The letter is concerned with the Twp’s Zoning authority over a proposed construction of a “Telephone Radio tower” on Agriculturally Zoned land.

i)   The issue was raised via a request of James Phillips of Defiance to build a tower on a parcel in Def Twp

(1) The Prosecutor’s letter -dated 3-28-06- confirms that the Twp cannot impede the effort.  A copy of the ruling and the ORC as provided by the prosecutor’s office will be on file with this meetings  agenda and mins.


d)  Trustees reviewed a request  from “Sprint telephone company” - presented as exhibit 4-d.  The company via letter requested permission to cut or bore through or under Kiser Rd east of Krouse rd for the purpose of providing, via buried cable, service to a property 20472 Kiser Rd. 

i)   This issue was placed on the agenda at the request of the Zoning Inspector who received the request.

(1) Trustees reviewed the letter and determined that they could only support the project if the company bored under the road.  This section of Kiser road had recently been re-constructed and the Trustees did not want the road cut.

ii)  Mr.  Peck moved to support the request of Sprint with the condition that only boring would be acceptable.  The clerk is to write a letter noting the restriction to the support.


Mr.  Ankney Seconded

A roll call vote was held:


Dan Peck              yea


Richard Ankney      yea                                                                                                       


YEA(s)         2       NAY(s)         0                 Passed           X               Failed


The motion passed.


e)  Monthly report – April 2006 - Inspector’s Report -  Mr.  Jim Schlegel

i)   Scotties SR 111Addition Permit issued

ii)   Manson Power Dam Rd New Home Permit Issued

iii)  Miles Kiser Rd Addition Permit issued

iv)  Hunt Power Dam Rd Pond Permit issued

v)  Philips Bowman Rd Cell Tower Permit Issued

vi)  Heller Bowman Rd New Home Permit issued

vii) Dockery Rd Pond Permit Issued

viii) Wallace McCollester Rd site review out building

ix)  Parkview Dr Site Review Trash Complaint

x)  Bussing Parkview Dr Home Addition Permit issued

xi)  McKibben SR 66 Outbuilding Addition Permit Issued

xii) Site Review Sudholtz Subdivision

xiii) Currently working with Hunt, Sisco & Baden on Rezoning.

xiv)     Kiser Rd Sprint access request.


ORDER OF BUSINESS NO. 5 --  Equipment;   


a)  Trustees asked for comments or concerns from Twp employees on current or proposed new eq.

i)   It was noted that the 2004 International 7400 dump truck had a hydraulic leak.  This to be fixed by Kalida Truck.


b)  The clerk continues to work towards the purchase of a new copier – Trustees approved the fiscal officer to acquire bids for a new copier during the Jan 31st session. 


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

a)  April - Rd review by Trustee Layne…

i)   Mr.  Layne was excused & unable to provide the monthly report. 

ii)   Next month’s report will be provided by Mr.  Ankney.    


b)  Up-date on existing road projects by Twp staff

i)   Kiser Rd project in 2007 was reviewed

(1) Trustees determined project timeframe in the jan 06 session based on acquiring funds for the project

(a) Const if funds are available to be in 2007

(b) est cost from Co Engineer  provided at the Jan 06 session was $304,000

(2) the fiscal officer has noted that this timeframe may not be fiscally possible

(a) as of this session there is approximately $120,000 available

(3) Trustees had instructed the fiscal officer to submit a CDBG program

(a) The Grant application would be for the easterly half mile as CDBG funds must benefit low income areas

(b) The Fiscal officer submitted the grant – april 18th

(c) Copies of the grant are provided to each trustee for their records and a copy is on file in the Twp project file.

(d) The clerk reported that the Twp learned verbally just prior to the meeting that the grant application had been rejected as the low income requirements could not be met.  An email noting the rejection is being sent from the Defiance Planning Commission for purposes of documentation and will be filed with the grant application

(e) Funding for this project must now come from Twp tax sources which provides approximately $70,000 to $100,000 per year for road work – depending on the growth of the local economy.

(f)  regular updates will be provided by the fiscal officer

(4) Mr.  Charles Bakle, 1204 Wayne St – Defiance, Ohio,  stated that his father (Judge Bakle) had years ago said that there was language in the deed for the property on which Anthony Wayne Elementary school is located that  states;  “the property would revert to the Twp if the land was not used for a school”.  Bakle noted that the school system in Defiance recently passed a levy for the construction of a new elementary school which will house all grades currently housed in the various school buildings around town.  Bakle said if and when the Anthony Wayne school is no longer used as a school that property which was donated by the Twp to the school district would revert back to the Twp.

(5) Trustee Peck said if this is true we could consider selling the property and using the proceeds to fund the Kiser rd project.

(a) The Trustees instructed the clerk to acquire a copy of the deed and research the issue.


ii)   Bowman and Schroeder rd projects for 2006

(1) Trustees approved the Co Eng to repair Bowman road during the 1-31-06 session. 

(2) exhibit 6-b-ii - a fiscal report on Twp road projects for 06 from the County Engineer – dated 4-4-06 was distributed.

(a) The Bowman project is estimated to cost $34,500

(i)  Some patching work has already been completed

(ii)  Re-surfacing remains to be done

(b) The Schroeder Rd 06 project – approved by Trustees 1-31-06 session – is estimated to cost  $13,500 to pave 1155’

(3) Total cost for the projects minus $529 of 05 Issue II grant carryover funds will be

(a) $47,940.63

(4) Trustees noted that the Schroeder rd project is already complete as of 4-25-06.

(a) The Schroeder rd project will be removed from future agenda’s.


iii)  Indian Bridge Lane

(1) Per Trustees directions in the Mar 06 session

(a) Trees will be removed from the Boulevard

(b) The boulevard will be graded and seeded

(c) Mr.  Ankney distributed an aerial photo provided by Defiance Co Soil and Water of the project area.  The photo is on file in the meeting & project files.

(d) Trustees agreed to hire Bendele Excavating and Trucking to re-grade the Boulevard. 

(e) Twp crews will first remove the trees which are causing damage to the Boulevard.  This damage then causes flooding conditions during heavy rains.

(f)  Before work can begin Mr.  Ankney must notify the Ohio Underground Utilities Service (OUUP’s)


iv)  Berming on the Co Line Rd near the Bill Webb residence –

(1) Project reported completed by John Diemer

(2) This item will be removed from future agenda’s


v)  Hammersmith use berm reclaimer in the 23000 block –

(1) Trustee Ankney noted that this is the 21000 block and the work has been completed.

(2) This item will be removed from future agenda’s


vi)  Sponseller Rd near the Hahn residence.  Road is covered with storm water after a heavy rain

(1) Twp has determined after meetings with the County commissioners and County ditch maintenance program under Defiance Co Soil and Water that the Link ditch is the cause of this problem and needs cleaned out.

(a) Twp submitted written request to Soil & Water in mar to have this ditch cleaned out soon

(b) The Twp awaits a response from Soil & Water

(c) Soil and Water will determine when the ditch is to be cleared at its meeting later this month. 


ORDER OF BUSINESS NO. 7  - Handouts  


a)  The monthly (April  06) GrassRoots clippings was distributed as  – exhibit 7-a


b)  A notice of an Ohio Attorney General’s opinion – exhibit 7-b – then reviewed.  The AG opinion noted:


i)   No Trustee may serve as a member of a Twp’s Zoning Commission or Appeals Bd for the Twp he or she serves as a Trustee.


c)  A newsletter from the Twp’s Insurers at the “Ohio Plan” – exhibit 7-c was distributed.


ORDER OF BUSINESS NO. 8 –  Old Business 


a)  Mr.  Ankney asked for discussion of any old business – there was none


ORDER OF BUSINESS NO. 11 –  New Business:


a)  The clerk noted the receipt of a recent invitation for the Trustees to attend the ground breaking ceremonies for the US 24 widening project.  The ceremony is to be held at the State Hwy Garage on Baltimore Road in Defiance.  Gov Taft is the speaker. 

i)   All Trustees will attend.


b)  Mr.  Peck asked for approval to move the May meeting from it regular scheduled date of 5-30-06 to 5-23-06.  this request was made as Mr. Peck will be on vacation.


i)   Mr.  Peck – moved to reschedule the session to 5-23-06

ii)  Mr.  Ankney – seconded


A roll call vote was held:


Dan Peck              yea


Richard Ankney      yea                                                                                                       


YEA(s)         2       NAY(s)         0                 Passed           X               Failed


The motion passed.





Date:           Tuesday May 23rd,  2006 

         Time:            7:30 p.m.

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


Vice - Chairman Ankney requested a motion to adjourn this meeting of April 25th,  2006 


MOTION:       Mr.  Peck


SECOND:   Mr.  Ankney                                                                                                     


YEA(s)         2       NAY(s)         0                Passed           x               Failed


Respectfully Submitted


Timothy J. Houck,  Fiscal Officer/Clerk