December 18th,  2007 MEETING

The Defiance Township Trustees met in regular session at VFW Post 3360 in Defiance Township, Defiance,  Ohio,  on Tuesday,  December 18th,  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, – Township employee,  Joe Kolb 16492 Cullen rd,  Ruth Ann Schofield 15968 Campbell road (twp zoning appeals board member) and James Schlegel (zoning inspector) – 220 Pinewood.


Other(s) present were:  Charles Bakle 1204 Wayne Street, Donna Schlegel 220 Pinewood and JoEllen Houck of 8 Deville Drive, Defiance,  Ohio. 



Review and approval of minutes of the previous session.

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


MOTION:  Richard Ankney

             SECOND:    Dan Peck                                                                                                        

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

The MINUTES for the November 27th,  session were approved.   

ORDER OF BUSINESS NO. 2 -  citizens concerns

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

i)      There were none.



The following financial reports provided to the Board were reviewed.

a)   The November monthly Reconciliation – noted a primary checking reconciliation balance of $190,620.14 as of November 27th,  2007….. balance is minus the outstanding checks and Township investment funds. 

b)   Receipt & Payment reports

i)      Receipts for December were $8,790.43.  Payments for December (bills & payroll) totaled $22,019.91.   

c)   The Cash fund summary through December 17th,  2007,  showed an “ending cash balance” of  $711,580.80. 

d)   The unencumbered cash balance “cash available” was $622,022.51 which is the balance after encumbrances are subtracted from the cash balance. 

e)            Appropriation Status showed that through December 17th,  28% 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.  All reports will be on file in the Clerk’s office.

f)    The fund status report showed:

i)      The money market investment fund balance as of 12-17-07 was $534,190.14.

g)   The fiscal officer was recognized and reported that the Township’s books are now closed and will remain so until the 2008 Re-organizational meeting at which time Trustees will vote to approve the 2008 budget.

i)    No funds may be expended until that time.


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


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


j)    The Township’s Bank Depository for township funds agreement was reviewed.  This document was provided by the current Township fiscal institution the State Bank and Trust.  The agreement is up for renewal.  It was  listed as exhibit 3-j in the meeting.

i)      The Fiscal Officer requested the Board of Trustees to renew the agreement or provide direction to secure another institution.

ii)      Chairman Layne calls for discussion. 

(1)            The fiscal officer noted that he had contacted other institutions and found that the interest rate the Township would get on its money market was very similar, less then 1 basis point difference.  The fiscal officer recommended that the Township keep its accounts with the State Bank and Trust.

iii)   Mr.  Layne requested a motion to approve the renewal with the State Bank and Trust.   


MOTION:  Richard Ankney

             SECOND:    Daniel Peck                                                                                                        

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

The motion to renew was approved and all Trustees signed the agreement.  A copy will be retained by the Township and a copy will be provided to the State Bank.  The agreement notes the Township’s funds are fully covered through the assets of the Bank.

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


MOTION:  Richard Ankney

            SECOND:    Daniel 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)            Monthly report  - Inspector’s Report -  Mr.  Jim Schlegel

i)    Site Review Brown for Out Building Kiser RD

ii)    Site Review Retcher SR 66 question Zoned Conditional Use does he need Cottage Use permit to raise rabbits?

(1)            The Board believes that if the land is zoned ag he does not need a cottage business permit.

iii)      Township Zoning Map Shows Kellermyer SR 66 S as City –  Auditor shows Twp if so Should map show Commercial?

(1)            The zoning inspector was instructed to meet with the fiscal officer to review the map .. if the auditor has the property in the Twp then the map will be adjusted to reflect the commercial use.

iv)      Township Map Shows TimCor SR 66 as AG.  Auditor Shows Twp AG (for tax use)  Should Map show Commercial?

(1)            Since both the auditor designation and the Twp zoning map confirm an ag designation the property would need to be rezoned to Commercial by the Zoning Commission, however, the designation is probably under a “conditional use” issued by a previous Zoning Commission.  The Zoning Inspector will need to research if such a designation is permissible.

v)   Site Review Krouse & Kiser Potential buyer wants to build a motorcycle shop. They will live in rear of shop till a home can be built. Will this have to be zoned Commercial or Cottage Business? Currently zoned AG. Twp Map shows 13 acres Auditor shows 5 acres.

(1)            The fiscal officer was recognized and stated that at the request of the zoning inspector the fiscal officer contacted the Prosecutor’s Office on this concern.  The Prosecutor’s Assistant stated that:

(a)      The land owner may request 2 conditional use permits (1 for a home and 1 for a cottage business) or;

(b)      May request to have the land rezoned residential then have a hearing for a conditional use permit for the cottage business.

b)           Chairman Layne asked if there is any other zoning issues to come before the Board?  There were none.


ORDER OF BUSINESS NO. 5 --  Equipment;  

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

i)      Trustees noted that Twp resident Lester Sander’s of May road had requested that the Twp crew not use the international dump truck on May road to remove snow as the unit is to large to turn around at the dead end and tears up his property. 

(1)            Trustees ordered the crew to use the 1 ton F350 on this road.

(2)            John Diemer (Twp crew member) suggested that the Twp remove the belly plow.  He noted that the plow is not designed for roads with lane widths under 10’.  The Truck has been hung up two times in the last two snow events.  Cost to have the truck towed on to the road is just over $600.  the unit must move right when there is oncoming traffic and when it does the wheels sink into the berm or ditch and the belly plow hangs up the truck which then requires a tow truck to get back onto the road.  John says this would not happen if the belly plow were removed.

(3)            Mr. Peck noted that he spoke with Co. engineer Warren Schlatter about the possibility of selling the truck to the county.  Mr.  Peck said the county engineer’s response was that they are not interested in purchasing this unit from the Twp at a fair market valve as the unit is not set up for County roads.  (the unit is really a dual axle unit on a single axle with the belly plow.  It is set up for state and Federal road widths).

(a)      Mr.  Peck said he concluded his discussion with a request that if the County Engineer becomes aware of an entity that would pay fair market value for the truck the Twp would like to know.

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

ii)      The January - Rd review will be made by Mr. Ankney.    


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)            From the Oct 07 session as directed the Co Engineer’s Office is negotiating to acquire right of way as needed for this project.

(3)   Upon completion of this process the Engineer will report to the Trustees and seek approval to continue with the project. 

(4)   At this time anticipated expense is to be between $340,000 and $380,000

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


c)   During the November Trustees session Ruth Ann Schofield informed the Trustees that a Mr. Ben McClarn of 210 Lakeview complained to her that Lakeview road in front of this property was in need of repair.  Mr.  Ankney undertook the task of discussing the issue with the McClarn’s.

i)    Mr.  Ankney reported that area of deterioration is on the McClarn’s property and is not the responsibility of the Twp. (drive way). 

ii)   Mr.  Ankney noted that the road should be considered, in the future, as a potential rebuild project which will need drainage and resurfacing.


d)   The County Engineer had provided Trustees with the “annual Township Highway System Mileage Certification” form & cover letter of explanation – exhibit 6-d.  Trustees reviewed and signed the document concurring with the 23 miles of road noted.  The fiscal officer was instructed to return the document to the Engineer’s Office.


e)   Exhibit 6-e was the annual County Engineer’s office 2008 “participation form.  This document notes which road projects the engineer’s office would do for the Trustees.   The Trustees determined to review the possible work projects and will fill out the form during the Twp’s re-organizational session on January 15th.  


f)            Sponseller Rd flooding – BeeTree ditch clean out-rebuild. 

i)      See 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.

iv)   As of the Oct 07 session:

(1)            The county engineer is reviewing the issue of drainage of Sponseller from west to east to get storm water to Bee Tree ditch.  The engineer is to report to the Trustees on a proposed project when all data is collected.

(2)            The ditch project is slated to be completed in 08.  the Trustees have agreed to address the drainage issue in this same time frame.

(3)            There was no further discussion on this project in the November session.


v)      there were no other projects discussed.


ORDER OF BUSINESS NO. 7  - Personnel    

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

(1)            There were none.

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

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

ORDER OF BUSINESS NO. 9 - Old Business


a)   The Chair asked if there was any old business??

i)      There was none brought forth.


ORDER OF BUSINESS NO. 10 - New Business 


a)            Trustees were provided with an invitation from the County Commissioners Office to the annual County Recognition Banquet – January 26th.  This was presented as exhibit 10-a.  Trustees and their wives are invited the cost is $15 per person.


b)            Trustees also reviewed the County Engineer notice (exhibit 10-b) to the Annual Township County Association – Elected Officials meeting hosted by the County Engineer.  All Trustees will attend.  The session is January 24th @ County EMA.


c)            Trustees then discussed the move of Township Trustee meeting location.

i)    As directed by the Trustees the fiscal officer has conferred with the Bd of County Commissioners and in a follow up to that discussion the fiscal officer has written a formal request to use the conference room on the 2nd floor of the Commissioners building for Township meetings starting with the Re-organizational session on January 15th,  2008.  a copy of the written request was presented to the Trustees as exhibit 10-c.

ii)   As of this time the Twp awaits the formal response from the Commissioners Office, however, the verbal response is an approval of the request. 

iii)   At this time the fiscal officer is preparing to run the public notices of a meeting location change.

iv)      There was no further discussion.


d)   Twp Insurance (property & equipment) for 2008 was then reviewed.  The Ohio Plan agent, Mr. Conrad Beck, provided a cost estimate for the 2008 insurance.  The premium was increased by $32 from the 07 premium of $5295 to 08’s $5327.  This increase was due to an adjustment in the values of the property being insured.

i)      Trustees noted that this is year 3 with the Ohio Plan and per Mr. Beck’s past statements – “if the Twp has three years without an incident, the Twp should enjoy a premium discount, per the plan.  Trustees agreed to continue to purchase the Twp insurance from the Ohio Plan for 2008.  


e)   The Ohio Township Association’s 2008 Winter conference was discussed.  The conference is scheduled for January 30th through Feb. 2nd.

i)      The fiscal officer reported that:

(1) Trustees have hotel rooms reserved at the Hyatt

(2) Trustees are in the process of being registered for the event.  Registration forms were passed out & Trustees filled out the forms. 

(3) The conference fee check was included with this month’s bills.

(4) Travel folders will be passed out during the January Twp reorganizational meeting.

(5)            Trustees pay all expenses other then registration.  Trustees will be reimbursed for those expenses which are allowed per the Twp’s travel policy.

(6) Twp covers exp for the Trustee only – and per Twp resolution meals are covered to $36 per day.  Trustees pay any overages.  A complete computer generated itemized bill per meal is required. (per state auditors)

(7) Mileage reimbursement is .485 cents per mile

ii)   the chair asked for discussion.  There was none.

12)               NEXT MEETING:

Date:         Tuesday January 15th,  2008 – Annual Re-organization session 

Time:                     7:30 p.m.

Place:                   2nd Floor – Conference Room – in the Commissioners Building

500 Court Street - Defiance,  Ohio


Mr.  Layne requested a motion to adjourn the meeting of December 17th,  2008, & wished all a Merry Christmas. 

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


Respectfully Submitted

Timothy J. Houck,  Clerk