Minutes

DEFIANCE TOWNSHIP TRUSTEES

August 29th,  2006 MEETING

 

The Defiance Township Trustees met in regular session at VFW Post 3360 in Defiance Township, Defiance,  Ohio,  on Tuesday August 29th,  2006 at 7:30 p.m.  Following the Pledge of Allegiance the Chair instructed the clerk to called 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.

 

Township employees present were: John & Dalla Diemer – 23361 Defiance-Paulding Co Line Rd,  James Schlegel (zoning inspector) – 220 Pinewood Ave., Mary Ankney 19133 Hammersmith rd,  & Mr.  Russell Herman, ESQ.  of the County Prosecutor’s Office. 

 

Visitors present:   Jerry Baden 21234 Powers Rd, James Fisher – 21513 Parkview Dr., Holly Snyder – 855 Washington Ave., Mary Wiseman – 1016 Grove St,  Mr. Charles Bakle Jr. – 1204 Wayne St.,  Connie Humphys & W. Tom Wiseman 108 Riverside,  Denise Lange – 1600 S. Clinton St,  Marc Warncke, ESQ.  – 513 Holgate Ave.,  James Ehlinger – 14074 Power Dam Rd,  Mike Simon 20408 Kiser Rd Harding rd & JoEllen Houck of 8 Deville Drive,  Defiance,  Ohio.        

 

ORDER OF BUSINESS NO. 1

 

1)   Review and approval of minutes of the previous session.

 

Chairman Layne requested a motion for the approval of minutes from the July 25th,  2006 session. 

 

MOTION:    Richard Ankney                                                                                                      

           

SECOND:  Dan Peck 

 

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

 

The MINUTES were approved for the July 25th,  2006 meeting.

 

ORDER OF BUSINESS NO. 2 -  citizens concerns

 

a)   Mr. Layne asked if there were any concerns or issues not on the agenda to be brought before the Board by citizens in attendance. 

i)    Mike Simons of 20408 Kiser Rd Power Dam Road was recognized. 

(1)  Simons comments were relative to a recent newspaper article about an ongoing investigation by the Sheriff’s department of Twp employee Mary Ankney.  Simon was concerned and stated that the Trustees appeared to be “practicing politics of the worst kind”.  He noted that anyone who was ill might expect relatives to assist them.  Further, he noted that he had called the Ankney home on Twp business and Mrs. Ankney answered the phone.  It was his general opinion that the Trustees should allow Mrs. Ankney her retirement.  Simon then said that if the Trustees wanted to investigate something they should look into the purchase of the Twp Dump truck made in 2003-04.  He sited the following:

(a)  A single Trustee ordered the Truck

(b)  A check had been written for payment of the truck and had been torn up

(c)  That the State Attorney General’s Office had been notified of these issues.

(2)  Mr. Layne noted that the Sheriff’s Department and the County Prosecutor’s office was conducting the investigation and the Bd could not discuss the issue at this time.

 

ii)   Mr.  James Fisher 21513 Parkview Dr asked for the floor:

(1)  Mr. Fisher said he was concerned with the way the Zoning Inspector – Mr. Schlegel was aggressively enforcing the junk vehicle section of the Twp Zoning rules.  Fisher said he has cars parked on his property and has had for many years.  Why are you now going around and ordering people to move these cars.  This has never been done before.

(2)  Fisher further stated that he has complained of sewage being drained into a creek on Power Dam and also of high weeds.  Yet, these issues are not addressed.

(3)  Mrs.  Schofield – a member of the Twp Zoning Bd of Appeals was recognized.  She stated that sewage issues are the responsibility of the County Health Department. 

(4)  Mr.  Schlegel – Twp zoning inspector was then given the floor:

(a)  He said that the County Sheriff’s Office had called a recent meeting of all Twp Zoning Inspectors and Trustees and asked these local gov’t officials to enforce the “junk car” statues of the Zoning codes of the Townships.  It is – according to Schlegel – an effort by the Sheriff to clean up the junk car debris in the County.

(5)  Chairman Layne told Mr. Fisher that the Township is simply enforcing the zoning rules.  However, it was his (Layne’s) opinion that the Twp Trustees had an unwritten procedure to address “junk cars” – “high weeds” and other “nuisance issues”  only when complaints were filed by citizens and not to aggressively search out issues for citation.

(6)  Trustee Peck was recognized:

(a)  He concurred that the Zoning rules relative to “junk vehicles” should be enforced aggressively as the Sheriff has requested.

(7)  Again, Mr. Layne said there is a Twp complaint form and it should be filled out by a complainant before our Zoning Inspector takes action.  Mr.  Schlegel should not go looking for junk vehicles.

 

Chairman Layne requested a motion requiring a “citizen complaint” form be filed with the Zoning Inspector by a concerned citizen before the Zoning inspector takes any further action in this area.

 

MOTION:   Robert Layne                                                                                                      

           

SECOND:  Richard Ankney 

 

YEA(s) 2         NAY(s) 1                      Passed              X                    Failed

 

The motion passed… the Zoning Inspector is not to cite for “junk vehicles” until a complaint is filed by a concerned citizen.

 

ORDER OF BUSINESS NO. 3 -  FINANCES – 

 

The following financial reports provided to the Board were reviewed.

a)   The July monthly Reconciliation – noted a reconciliation balance of $429,005.25  as of July 31st, 2006….. balance is minus the outstanding checks. 

i)    The balance was $870.85 more than the previous month’s balance.

b)   Receipt & Payment reports

i)    Receipts for August were $24,302.59.  Bills for August totaled $6,814.90. 

c)   The Cash fund summary through August 31st,  2006,  showed an “ending cash balance” of $446,492.94. 

d)   The unencumbered cash balance “cash available” was $315,503.80 which is the balance after encumbrances are subtracted from the cash balance. 

e)   Appropriation Status showed that through August 31st,   22.6% of the years’ appropriations had been expended. All reports will be on file in the Clerks office.

 

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

 

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

 

Mr.  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.

 

h)   Trustees then reviewed from the Def Co Auditor’s office the 2007 anticipated and approved amount the Twp is to receive from the County’s General Property tax receipts.  These amounts are to fund the Twp’s Gen fund, Road and Bridge Fund and the Fire fund.  The Twp can expect to receive a total of $160, 500 in 2007 from this funding source.  exhibit 3-h, resolution 2006-9 – was voted on.

 

Mr.  Layne requested a motion to adopt resolution 2006-9 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 resolution was adopted. 

 

i)    The Trustees then reviewed from the Defiance Co Auditor’s office the 2007 anticipated “apportionment of Local Gov’t and Local gov’t assist funds as approved by the County Budget Commission. The Twp can expect to receive $38,596.18 in local gov’t funds and $7,226.54 in local gov’t assistance funds in 2007.  Review of exhibit 3-i, resolution 2006-10.

 

Mr.  Layne requested a motion to adopt resolution 2006-10 accepting the amounts as determined by the Co Budget committee and noted in a letter from the Auditor’s office dated 8-14-06 attached to the resolution.   

 

MOTION:  Richard Ankney

             

SECOND:  Dan Peck                                                                                                        

 

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

 

The resolution was adopted. 

 

Resolutions and exhibits are on file in the clerk’s office. 

 

ORDER OF BUSINESS NO. 4 Township Zoning 

 

a)    The chair asked for a report on the zoning Commission – hearing of August 29th. 

i)    The clerk noted that the Twp Zoning Commission met earlier this evening to vote to recommend or reject the following requests

(1)  to rezone from agricultural to residential - thirteen (13) acres more or less located at 13868 Harding Rd owned by jerry baden.  Said parcel of land being in the Southwest quarter of Section 3 – parcel ID B11003001603 in Defiance Township, Defiance County, Ohio.

(a)  Trustees were provided Exhibit 4-a- 1 a packet detailing property and application request

(b)  The clerk noted that the Zoning commission voted to recommend the re-zoning request.

 

Mr.  Layne the requested a motion to affirm or deny the zoning commission’s recommendation.   

 

MOTION:   Mr.  Dan Peck  moved to affirm the Zoning Commission’s recommendation                                             

            SECOND:     Mr.  Richard Ankney                                                  

 

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

 

The motion to affirm passed.  The clerk is to inform the Defiance county Soil and Water agency to so change the Zoning Map.

 

(2)  To rezone from residential to agricultural - seven (7) acres more or less owned by Denise Lange which is located on the west side of Williams Road in the southeast quarter of  Section 10 in Defiance Township.  Said parcel of land being in parcel ID B110010001502 in Defiance Township, Defiance County, Ohio.

(a)  Trustees were provided with Exhibit 4-a- 2 a packet detailing the property and the application request

(b)  The clerk reported that the Zoning Commission voted to recommend the requested rezoning.

 

Mr.  Layne requested a motion to affirm or deny the zoning commission’s recommendation.   

 

MOTION:   Mr.  Dan Peck  moved to affirm the Zoning Commission’s recommendation                                             

            SECOND:     Mr.  Richard Ankney                                                   

 

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

 

The motion to affirm passed.  The clerk is to inform the Defiance county Soil and Water agency to so change the Zoning Map.

 

b) The clerk also reported on the Zoning Bd of Appeals session also held earlier on August 29th,  2006.

(1)  The appeals bd heard a request from Mrs. Denise Lange to acquire an exemption to the 150’ property frontage to road requirement in order to build an access drive to a house. 

(a)  This request was denied.

(2)  The second Lange request was for a conditional use permit to build a house on this property located on the west side of Williams Road in the southeast quarter of  Section 10 in Defiance Township.  Said parcel of land being in parcel ID B110010001502 in Defiance Township, Defiance County, Ohio.

(a)  This request was granted with the stipulation that Mrs. Lange acquire the 150’ property road frontage.  Mrs. Lange is co-owner of the adjacent property.  She was advised by Twp Counsel Mr. Russell Herman, of the Prosecutor’s Office to seek counsel to meet this caveat.  Lange is also required to notify the Township Clerk when the property deed has been amended.  She can not build on this property until the road frontage stipulation as defined by the Zoning code is met.

 

c)   Zoning Board & Commission – training

i)        As noted in the minutes of the July Trustees meeting;  Mrs. Schofield had contacted Maumee Valley Planning’s Lisa Karcher in June 06 and suggested a training session be held for Def Twp Zoning Bd of Commission, Appeals, Zoning Inspector & Trustees.

ii)       Trustees instructed the clerk to schedule this session.

iii)      The clerk (Tjh) reported he is working with Mrs. Karcher, the prosecutor’s Office & the Engineer on scheduling. 

 

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

i)    August 2006

(1)  Site Review First Church of God Carter Rd Sign Permit Issued

 

(2)  Rick Sanford Power Dam Rd Minor split for driveway access sent to MVP Site Review

 

(3)  Rick Sanford 48X48 New Barn  Permit Issued. Junk Vehicle removed.

 

(4)  Letter to Russ Herman ref Barns AG vs R1

 

(5)  Site Review Denise Lange Williams Rd Change R1 back to AG w/ a conditional use for R1 also
variance for 150' frontage for new home currently has 50'.

 

(6)  Aug 3rd met with Def. Co Sheriff & Def Co Twp Zoning Inspectors.  Sheriff Westrick Assigned a Deputy to each Township and requested that all Twp Zoning Inspectors start enforcing Junk Vehicle removal in the respective townships. Dave lands of Municipal Court & Russ Herman of the Def Co prosecutors office were on hand to give legal opinions and offer their support.   I have made 15 plus contacts referencing 18 plus vehicles. 10 day notice was given. This will take some time but hopefully Sheriff Westrick will get his request.

(i)   Numerous follow ups and I sent out 5 Certified Letters for noncompliance.  All except 1 have complied 7 day extension was given to this individual.

 

(b)  Chairman Layne again stated as noted under these minutes in “citizens concerns”  that an aggressive enforcement of this nuisance code is not in compliance with the Township’s non-written policy of responding to nuisance issues only when there is a citizen complaint.

  

(i)   “It has been the Township’s position that a nuisance is not a nuisance unless someone is complaining about it.  Recently the Twp adopted a citizen complaint form which should be used;”  according to Mr. Layne.

 

(7)  Site Review for Bryan Municipal Utilities to put up a Communication Tower at The Power Dam Permit Issued

 

(8)  Site Review Elmer Garn Parkview Dr two home additions permits issued

 

(9)  Site Review Mike Hill Williams Rd 40 X 40 Pole Barn Permit Issued

 

(10)            Site review John Bok Ashwood Rd New Home sent to MVP as bank requested a split under 5 acres Permit Issued.

 

(11)            Site Review George Schroeder Krouse Rd New Home & Pond sent to S&W

 

(12)            Request trustees approval to proceed with prosecution referral for junk vehicles as needed

 

(13)            I have not received trustees input ref Merrimans home addition on Bowman Rd as they did not apply for a permit, this originated in March 06. Trustees were advised at June Meeting I need direction weather to prosecute or not as per Russ Herman.

 

(a)  Trustees concurred  that the Zoning Inspector should proceed and prosecute.  Schelege is to confer with the Prosecutor’s Office to resolve this case.

 

Mr.  Layne requested a motion to direct Schlegel to work with the Prosecutor’s Office to enfore the zoning issue relative to Merriman’s.  (construction without a permit).   

 

MOTION:   Mr.  Richard Ankney

                                             

            SECOND:     Mr.  Dan Peck                                                    

 

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

 

End report.

 

ORDER OF BUSINESS NO. 5  - Equipment

 

(a)        Comments or concerns from Twp employees on current or proposed new eq were requested.

(i)   Mr.  Layne presented quotes he got for a trailer to be purchased by the Township.  This trailer will be used primarily for moving the Twp tractor-mower to the various Twp mowing sites.

(ii)  Quotes were from – Tractor Supply of Defiance - $648.68 and Mennards of Defiance - $658.00

 

Mr.  Ankney moved to purchase the trailer from TSC of Defiance for $648.68.

 

MOTION:   Mr.  Richard Ankney

                                             

            SECOND:     Mr.  Dan Peck                                                    

 

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

 

The motion to purchase the trailer was approved.

 

b)       The clerk then reported that the Twp completed purchase of a box scraper as approved by the trustees in the July 06 session.  Purchase was from Frey – Yoders’ of Archbold.  Purchase price was $490.

 

c)        The clerk also reported on the status of the purchase of a new copier – Trustees approved the fiscal officer to acquire bids for a new copier during the Jan 31st session.  TJH continues to work on this project.

 

d)       Twp employee John Diemer noted that a tire needed replaced on the grader international tractor.

 

(1)  Trustees instructed Diemer to replace with one of the used tires at the Twp maintenance building.

 

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

 

a)   August - Rd review by Trustee Ankney…was discussed.

i)    Mr.  Ankney noted that in addition to his written report the crew should replace a culvert catch basin on Schroeder Rd near the Fisher property and there is a need to re-berm the County Line Rd from State Rte 66 east for approximately one mile.  

 

b)   Up-date on existing road projects

i)    The fiscal officer reported on the funding issues for the Kiser Rd project in 2007

(1)  Timeframe  as determined by Trustees at the jan 06 session is to do 2nd half (1 mile from Keller to Canal) in 2007

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

(3)  fiscal officer continues to note that even this timeframe may not be fiscally possible

(a)  as of this session there is approximately $125,000 available (increased by $5,000 based on receipts vs anticipated expenses for remainder of 06)

(b)  regular updates will be provided

 

ii)   the Indian Bridge Lane project was discussed.

(1)  Per Trustees directions in the April 06 session

(a)  Issue is flooding caused by lack of drainage

(b) Twp hired Bendele for tree stump removal and re-grading

(c)  Mr.  Peck was concerned with project progress at the June meeting..

(i)   Status of work as of this session:

1.   wrk is complete except for seeding. 

2.   Mr.  Layne acquired two bids for seeding.

a.   Ewing Landscaping and Design of Hicksville, Ohio  $3,123.21

b.   Muntz Landscaping of Holgate,  Ohio,  $1,870

 

Mr.  Layne requested a motion to select a bidder.

Mr. Ankney moved to accept the bid from Muntz landscaping of Holgate,  Ohio for $1,870.

 

MOTION:   Mr.  Richard Ankney

                                             

            SECOND:     Mr.  Dan Peck                                                    

 

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

 

The motion to award the seeding project to Muntz was approved.

 

c)   The Chair asked if there were any other new road projects to be discussed?

i)    There were none.

 

ORDER OF BUSINESS NO. 7  -  Personnel

 

a)   The clerk reported that the Twp is in receipt of a contact from the Downes Hurst &  Fischel law firm of Columbus Ohio.  This firm continues to work on personnel matters regarding the possible overpayment by the Twp to OPERS for benefits for a Twp employee.

i)    Trustees were provided with exhibit 7-b from Downes and Hurst.

ii)   This letter is a copy of the letter prepared by Downes and Hurst and sent to Mary Ankney the Twp cemetery sextant.  The Letter requests reimbursement from Mrs.  Ankney of the stipends paid to the Twp’s cemetery sextant in 2006 as per the work agreement under which the stipends was paid.

iii)      Discussion…

(1)  There was none.

 

ORDER OF BUSINESS NO. 8 –  Hand outs

 

a)   The Monthly (August 06) GrassRoots clippings – exhibit 8-a was provided to the Trustees.

 

b)   Trustees then reviewed a  notice from the Ohio Dept of Transportation…provided as exhibit 8-b

 

i)    This letter gave notice of a meeting on Ohio’s statewide transportation improvement program plan.  This plan is to be submitted to the federal gov’t.  A comments session is to be held 9-13-06 @ the Putnam Co Courthouse from 10 to 2 p.m.  ODOT request the Trustees input.

(1)  Trustees will determine at a later date whether or not they wish to attend.

 

ORDER OF BUSINESS NO. 9 –  Old Business

 

a)   The chair asked if there was any old business to come before the Board?

i)    There was none.

 

ORDER OF BUSINESS NO. 10 –  New Business.

 

a)   Sprint – EMBARQ –requested Trustee permission to bore under Kiser Rd to provide service to a  resident located at 20472 to provide service.  This request letter was presented as exhibit 10-a.  there were two copies of the agreement - one for the Twp records and one to return to EMBARQ.   

 

Mr.  Layne requested a motion to approve the request with the stipulation that the company must “bore” under the road. There can be no cutting of the road. 

 

MOTION:   Mr.  Dan Peck  to approve with the Twp stipulation noted.                                             

            SECOND:     Mr.  Richard Ankney                                                  

 

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

 

The motion passed.  The clerk with submit the letter to embarq and retain a copy for the Twp records.

 

 

ORDER OF BUSINESS NO. 11 –  NEXT MEETING:

Date:                Tuesday September 26th,  2006 

            Time:               7:30 p.m.

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

MEETING ADJOURNED

Mr.  Layne requests a motion to adjourn this meeting of August 29th,  2006 

                        MOTION:   Mr.  Dan Peck                                             

                        SECOND:  Mr.  Richard Ankney                                                  

 

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

 

MEETING ADJOURNED

Respectfully Submitted

 

Timothy J. Houck,  Fiscal Officer/Clerk