Minutes

DEFIANCE TOWNSHIP TRUSTEES

August 28th,  2007 MEETING

The Defiance Township Trustees met in regular session at VFW Post 3360 in Defiance Township, Defiance,  Ohio,  on Tuesday,  August 28th,  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,  and James Schlegel (zoning inspector) – 220 Pinewood.

 

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

 

ORDER OF BUSINESS NO. 1

Review and approval of minutes of the previous session.

a)            Chairman Layne requested a motion for the approval of minutes from the July 31st,  2007 session. 

 

MOTION:  Richard Ankney

             SECOND:    Dan Peck                                                                                                      

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

The MINUTES for the July 31st session were approved.   

ORDER OF BUSINESS NO. 2 -  citizens concerns

a)   The chair asked for citizen concerns from the floor.  There were none.

 

ORDER OF BUSINESS NO. 3  -  FINANCES – 

The following financial reports provided to the Board were reviewed.

a)   The July monthly Reconciliation – noted a primary checking reconciliation balance of $33,625.80 as of July 31st,  2007….. balance is minus the outstanding checks and Township investment funds. 

b)   Receipt & Payment reports

i)      Receipts for August were $77,309.43.  Payments for August (bills & payroll) totaled $7,229.56. 

c)   The Cash fund summary through August 31st,  2007,  showed an “ending cash balance” of  $634,068.41. 

d)   The unencumbered cash balance “cash available” was $487,624.16 which is the balance after encumbrances are subtracted from the cash balance. 

e)            Appropriation Status showed that through August 31st,  16% 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 investment fund balance as of 8-31-07 was $525,443.32.

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

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

i)            Trustees then reviewed, from the Defiance Co Auditor’s office, the 2008 anticipated “apportionment of Local Gov’t funds” as approved by the County Budget Commission. The Twp can expect to receive $42,332.57 in 2008.  The 2007 apportionment was $38,596.18.  The Auditor’s letter was presented as exhibit 3-i and notes that the local gov’t revenue assistance fund program has been consolidated with the Local Government Fund monies. 

Mr.  Layne requested adoption of the auditor’s office provided motion presented as exhibit 3-j – 1; said motion accepts the amounts as determined by the Co Budget committee and noted in a letter from the Auditor’s office letter dated 8-10-07.

 MOTION:  Richard Ankney

             SECOND:    Dan Peck                                                                                                      

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

The motion to accept the Auditor’s anticipated apportionment of Local Government funds was approved. 

 

j)            Trustees then reviewed from the Def Co Auditor’s office the 2008 anticipated General Property Tax receipts for 2008.  These amounts are to fund the Twp’s Gen fund & Road and Bridge Fund.  The Twp can expect to receive a total of $159,000 in 2008.  The Twp received $160, 500 in 2007 from this funding source. 

Mr.  Layne requested a motion to adopt resolution 2007-11 accepting the amounts and rates as determined by the Co Budget committee and authorizing the necessary tax levies and certifying them to the County auditor.   

 

MOTION:  Richard Ankney

             SECOND:    Dan Peck                                                                                                      

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

The motion to adopt resolution 2007-11 accepting the amounts and rates as determined by the Co Budget committee for the anticipated apportionment of Local Government funds was approved. 

 

k)            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)           Trustees reviewed the status of an issue from the July 07 session – A Notice from Defiance Co Health District – noting new regulations for the placement/construction of “Manufactured Homes”

i)         The Ohio Manufactured Homes Commission regulations require inspections

ii)         The Zoning Inspector was instructed by the Trustees to coordinate his involvement with the Health Dept

 

b)   The Trustees then reviewed the Twp Zoning Map issue raised in the July 07 session.

i)         It was noted that the current zoning map shows several parcels of land in the City of Defiance and said land is believed to be in the Twp accourding to the Zoning Inspector.

ii)         The clerk informed the Trustees that he is working with Soil and Water to have the correction made.

iii)         The property is located between the CSX railroad to the south and US Route 24 to the north from the former Carter lumber company to Krouse road.

iv)         The Township Zoning map will be edited if the property is not correctly identified as either Twp or City.  If the property is Twp then the edit will indicate the property to be in the Twp and zoned “commercial”.  If the property is in the city then the map will indicate same. 

v)         The clerk will report to the Trustees in the Sept meeting.

 

c)           Monthly report  - Inspector’s Report -  Mr.  Jim Schlegel

i)      Working on Complaint of collapsing Barn Williams Rd – lange property.

ii)   Site Review Out Building Bill Voirol Harding Rd permit Issued

iii)      Junk Vehicle Complaint Campbell Rd resolved

iv)  Site Review Out Building Carl Wagner Watson Rd Permit Issued

v)      Contacted Russ Herman Ref Collapsing Barn on Williams Rd – lange property issue

(1)            His response was Twp Zoning 1008 or Trustees can abate it through ORC 505.87 or Law Enforcement ORC 3767.13 or Co Health Dept ORC 3707.01

(2) Discussion - Trustees advised contact Def. Co. Health Dept. ref Lange barn complaint.

vi)      Trustee peck advised that henceforth any realtors requesting zoning info refer them to Twp web site Zoning Map.  John Q Public ok to give out map info.

vii)      End report.

 

ORDER OF BUSINESS NO. 5 --  Equipment;  

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

i)      John Diemer was recognized and stated that the water pump is out on the grader and also the 7400 International dump truck (2004) is rusted out around the oil filter and is leaking oil.  Both units need fixed.  Trustees approved to have both units repaired.

 

b)   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 Trustee Monthly Twp Rd inspection report, exhibit 6-a as completed by Trustees Layne & Ankney was reviewed.

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

ii)      The September - Rd review will be made by the Board.    

 

b)   Up-date on 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 further discussion.

 

c)            Trustees then discussed the damage to the 2nd mile of kiser rd – damaged by heavy trucks.  This was noted in the July meeting.

i)      The clerk provided a packet of information which denotes efforts to acquire payment for the repairs.

ii)      Twp officials had contracted with Yenser Paving to fix the damage (pot holes) to Kiser rd

(1)            The bill is $1,200 & the repair work is completed

(2)            As of this session

(a)      The bill has been faxed to E.S. Wagner const at their request.

(b)      They are the contractors who had contracted trucking which had improperly used Kiser rd to haul to the US 24 const project.

(c)      E.S. Wagner has told tjh and Trustee Peck that they will ensure the bill is paid.

(d)      The fiscal officer has no such documentation at this time..

(e)      Mr.  Layne said that if Yenser isn’t paid by the Sept Twp meeting then the Twp should pay the bill and work to get reimbursed.

(f)      Mr.  Peck said he would re-contact E. S. Wagner.

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

(1)            Trustees noted that there is no road name sign on Pro-Com drive.  They are to contact the County Engineer and have a sign erected.

(2)            Next Trustees noted that there is a need to replace a “cross over” tile and patch McCallister Rd. as needed. 

(a)      Mr.  Layne provided the Board with two informally acquired bids.

(b)      The County Engineer bid $2,261.25 and Yenser Paving bid $1,375 to do this work.

 

Chairman Layne asked for a motion to accept the Yenser bid and award the work project..

 

      MOTION:  Dan Peck 

     

      SECOND: Richard Ankney                                                                                                    

 

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

      The motion passed.

 

(3)            There was no further discussion.

ORDER OF BUSINESS NO. 7  - Personnel    

a)   The Chair asked if there were any issues to be discussed?

(1)            There was no further discussion.

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

a)   The Monthly (August 07) GrassRoots clippings was distributed as exhibit 8-a

b)   The Annual “Ohio Plan” news letter was distributed to the Trustees as exhibit 8-b.  This is the company that insures the Twp property.

ORDER OF BUSINESS NO. 9 - Old Business 

 

a)            Renewal of Twp fire levy.

i)      The clerk reported on the status of this issue;

(1)            The issue will be on the Nov 07 ballot.  See meeting minutes from Nov 06 to present for details.

ii)      The chair asked if there was any new discussion?

(1)            It was agreed that the Twp’s four elected officials will donate $100 each towards the renewal campaign.

(2)            The campaign will be:

(a)      25 yard signs

(b)      a post card sent to all twp residents eligible to vote on the issue

(c)      and a letter to the Crescent news – “letter to the editor” column

(d)      also ads will be placed in the Crescent news as money allows.

(i)            Mr.  Peck volunteered to write the letter to the editor.  From this letter the ad will be developed.

(ii)            Mr. Ankney and Layne will order the signs and post cards.

(iii)            Mr.  Ankney will up front the campaign costs and will be Treasurer of the committee to pass the Twp fire levy renewal.

 

b)            Sponseller Rd flooding – BeeTree ditch clean out-rebuild

i)      The Trustees were informed to check the minutes of past meetings from March 07 to present for details.

ii)      Upper section to be addressed by Def. Co. Soil & Water in the fall of 07.

iii)      The lower section to be addressed with a grant applied for by Soil & Water and anticipated in 08.

(1)            There was no further discussion.

 

c)   The Fiscal officer noted he is still working to acquire the proper signage noting that Smoking is prohibited in Twp buildings.  This is a result of a notice from the Ohio Department of Health which was reviewed and discussed in the July 07 Twp meeting.

 

d)   The Chair asked if there was any other old business to be reviewed.

i)      none was brought forth.

 

ORDER OF BUSINESS NO. 10 - New Business 

 

a)   The clerk noted that there is a need to change the meeting date for December 07.

i)      The last Tuesday of December is Christmas day.

ii)      Alternate date proposed by the clerk is Tuesday 12-18-07. 

(1)            Trustees concurred and the clerk will be required to run a public notice.

 

Chairman Layne asked for a motion to move the December 07 meeting date from 12-25-07 to 12-18-07 the time will remain at 7:30 p.m. and the location will remain at the VFW.

 

      MOTION:  Dan Peck 

     

      SECOND: Richard Ankney                                                                                                    

 

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

      The motion passed.

 

b)   The chair asked if there was any other business to come before the Board.   

i)    Mr.  Peck noted that he had been contacted by Mrs.  Herb Rippee of 20839 Ball road,  Mrs. Rippee was concerned that there are two homes which are at the corner of Ball and Canal.  These homes have been demolished but the debris has not been cleaned up.

(1)            TJH noted that the Def Co Landfill owns these two properties and is responsible for addressing this concern. 

(2)            The landfill has acquired defiance county soil and water to clean up the demolished structures.  However, this work is scheduled to be done when weather prohibits soil and water from doing their normal ditch and farm work.  Tjh anticipated that this problem will be dealt with over the next two months. 

(3)            Mr.  Peck will inform Mrs.  Rippee of the plan.

ii)   Mr.  Layne noted that there are tree branches hanging over Canal road at the intersection of Canal and Ball and that the property owner is responsible for addressing this problem.

(1)            Again tjh noted that the def county landfill is the property owner and the landfill manager (TJH) will check into the problem.

iii)   Mr.  Layne then asked if there were any other items to come before the Board.

(1)            There was none.

12)               NEXT MEETING:

Date:         Tuesday September 25th,   2007 

Time:                     7:30 p.m.

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

 

Mr.  Layne requested a motion to adjourn the meeting of August 28th,  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