DEFIANCE TOWNSHIP TRUSTEES
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,
ORDER OF BUSINESS NO. 1
Review and approval of minutes
of the previous session.
Layne requested a motion for the approval of minutes from the November 27th,
SECOND: Dan Peck
MINUTES for the November 27th, session
OF BUSINESS NO. 2 - citizens concerns
The chair asked for citizen concerns from the floor.
There were none.
ORDER OF BUSINESS NO. 3 -
following financial reports provided to the Board were reviewed.
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.
Receipt & Payment reports
Receipts for December were $8,790.43. Payments
for December (bills & payroll) totaled $22,019.91.
The Cash fund summary through December 17th, 2007, showed an “ending
cash balance” of $711,580.80.
The unencumbered cash balance “cash available” was $622,022.51 which is the
balance after encumbrances are subtracted from the cash balance.
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
The fund status report showed:
The money market investment fund balance as of 12-17-07 was $534,190.14.
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.
No funds may be expended until that time.
The Trustees reviewed and signed the bills for the month.
payroll for December was then reviewed and checks signed by the Trustees.
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.
The Fiscal Officer requested the Board of Trustees to renew the agreement or
provide direction to secure another institution.
Chairman Layne calls for discussion.
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.
Mr. Layne requested a motion to
approve the renewal with the State Bank and Trust.
SECOND: Daniel Peck
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.
Layne requested a motion to accept the December financial reports.
December financial reports were approved.
ORDER OF BUSINESS
NO. 4 – Zoning - Status
update on the following zoning Issues as of this session:
Monthly report - Inspector’s Report
- Mr. Jim
Site Review Brown for Out Building Kiser RD
Site Review Retcher SR 66 question Zoned Conditional Use does he need Cottage Use
permit to raise rabbits?
The Board believes that if the land is zoned ag he does not need a cottage business
Township Zoning Map Shows Kellermyer SR 66 S as City –
Auditor shows Twp if so Should map show Commercial?
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.
Township Map Shows TimCor SR 66 as AG. Auditor
Shows Twp AG (for tax use) Should Map show
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.
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.
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:
The land owner may request
2 conditional use permits (1 for a home and 1 for a cottage business) or;
May request to have the
land rezoned residential then have a hearing for a conditional use permit for the cottage
Chairman Layne asked if there is any other zoning issues to come before the Board?
There were none.
OF BUSINESS NO. 5 --
The chair asked for comments or concerns from Twp employees on current or proposed
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.
Trustees ordered the crew to use the 1 ton F350 on this road.
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.
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).
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.
OF BUSINESS NO. 6 - Trustee Report – Monthly Twp Rd inspection
The Trustee Monthly Twp Rd inspection report, exhibit 6-a as completed by
Trustee Peck was reviewed.
The Twp crew was provided a copy and instructed to complete the work as noted.
The January - Rd review will be made by Mr. Ankney.
Up-date on existing road projects
Kiser Rd project (1 full mile from Keller to Canal) – to be done in 2008.
See minutes forward from the Jan 07 session for project details.
From the Oct 07 session as directed the Co Engineer’s Office is negotiating to
acquire right of way as needed for this project.
Upon completion of this process the Engineer will report to the Trustees and seek
approval to continue with the project.
At this time anticipated expense is to be between $340,000 and $380,000
This item will remain on the agenda until completed
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.
Mr. Ankney reported that area of
deterioration is on the McClarn’s property and is not the responsibility of the Twp.
Mr. Ankney noted that the road should
be considered, in the future, as a potential rebuild project which will need drainage and
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.
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.
Sponseller Rd flooding – BeeTree ditch clean out-rebuild.
See minutes of past meetings from March 07 to present for details.
Upper section to be addressed by Def. Co. Soil & Water in the fall of 07.
The lower section to be addressed with a grant applied for by Soil & Water and
anticipated in 08.
As of the Oct 07 session:
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.
The ditch project is slated to be completed in 08.
the Trustees have agreed to address the drainage issue in this same time frame.
There was no further discussion on this project in the November session.
there were no other projects discussed.
OF BUSINESS NO. 7 - Personnel
The Chair asked if
there were any issues to be discussed?
There were none.
OF BUSINESS NO. 8 – Handouts
were distributed as noted below:
The Monthly (December 07) GrassRoots clippings was distributed as exhibit 8-a
OF BUSINESS NO. 9 - Old Business
The Chair asked if there was any old business??
There was none brought forth.
ORDER OF BUSINESS NO. 10 - New Business
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.
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.
Trustees then discussed the move of Township Trustee meeting location.
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.
As of this time the Twp awaits the formal response from the Commissioners Office,
however, the verbal response is an approval of the request.
At this time the fiscal officer is preparing to run the public notices of a meeting
There was no further discussion.
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
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.
The Ohio Township Association’s 2008 Winter conference was discussed.
The conference is scheduled for January 30th through Feb. 2nd.
The fiscal officer reported that:
Trustees have hotel rooms reserved at the Hyatt
Trustees are in the process of being registered for the event.
Registration forms were passed out & Trustees filled out the forms.
The conference fee check was included with this month’s bills.
Travel folders will be passed out during the January Twp reorganizational meeting.
Trustees pay all expenses other then registration.
Trustees will be reimbursed for those expenses which are allowed per the Twp’s
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
Mileage reimbursement is .485 cents per mile
the chair asked for discussion. There
Tuesday January 15th, 2008
– Annual Re-organization session
2nd Floor – Conference Room – in the Commissioners Building
Court Street - Defiance, Ohio
Layne requested a motion to adjourn the meeting of December 17th,
2008, & wished all a Merry Christmas.
It was moved by:
SECOND by: Mr. Peck
roll was called and the vote was:
The motion: Passed
J. Houck, Clerk