December 26th,  2006 MEETING


The Defiance Township Trustees met in regular session at VFW Post 3360 in Defiance Township, Defiance,  Ohio,  on Tuesday December 26th,  2006 at 7:30 p.m.  Following the Pledge of Allegiance the Chair instructed the clerk to call 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 & Patti Diemer – 23361 Defiance-Paulding Co Line Rd,  James Schlegel (zoning inspector) – 220 Pinewood Ave., & Joe Kolb 16492 Cullen Rd.  


Visitors present:   Mr. Charles Bakle Jr. – 1204 Wayne St.,  Ruth Ann Schofield 15968 Campbell Rd,  & JoEllen Houck of 8 Deville Drive,  Defiance,  Ohio.       




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


Chairman Layne asked if there were any corrections or deletions.  There being none offered, Mr.  Layne requested a motion for the approval of minutes from the November 28th,  2006 session. 


MOTION:    Richard Ankney


             SECOND: Dan Peck


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


The MINUTES were approved as submitted for the November 28th,  2006 meeting.


ORDER OF BUSINESS NO. 2 -  citizens concerns


a)   There were none.




The following financial reports provided to the Board were reviewed.

a)   The November monthly Reconciliation – noted a reconciliation balance of $484,950.90 as of November 30th,  2006….. balance is minus the outstanding checks. 

i)      The balance was $503.79 more than the previous month’s balance.

b)   Receipt & Payment reports

i)      Receipts for November were $14,449.00.  Bills for November totaled $23,325.61. 

c)   The Cash fund summary through November 31st 2006,  showed an “ending cash balance” of $476,074.29. 

d)   The unencumbered cash balance “cash available” was $420,574.85 which is the balance after encumbrances are subtracted from the cash balance. 

e)            Appropriation Status showed that through November 31st, 38% of the years’ appropriations had been expended. All reports will be on file in the Clerks office.


f)    The Fiscal Officer (tjh) reported that the Township funds have been investment – exhibit 3-f was distributed which noted:


i) that the Twp funds have been invested in a Money Market Account with the State Bank.

(1)  Interest will match “Star Ohio” rate and adjusted to Star Ohio every Monday

(a)        Current rate 5.12%

(b)        No other local financial institution contacted by the clerk offered an equal or better rate.


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


h)   Payroll for November 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.


ORDER OF BUSINESS NO. 4 Township Zoning 


a)   tjh reported on the Appeals Bd session of 12-19-06

i)    A request for a “conditional Use” permit had been made by Chris Fisher of 533 Jadine Drive,  Defiance,  Ohio,  43512  to use an existing agricultural zoned parcel of 11.72 acres more or less for residential use for the purpose of constructing a new home.  The parcel is located on the north side of Powers Road, .5 miles east of Krouse road in the southwest quarter of the southwest quarter of section 32 of Defiance Township, Defiance County, Ohio.  The parcel ID is  B11-0032-0-004-03.

ii)   The Appeals Bd approved the request


b)   Tjh reported on the Zoning Commission session of 12-19-06

i)         Jerry Baden of 21234 Powers Road,  Defiance,  Ohio,  43512, requested a  rezoning of a parcel of land from agricultural to residential.  The parcel is ten (10) acres more or less and is located on Powers Road.  Said parcel of land being in the Southeast quarter of the Southwest quarter of  Section 33 – parcel ID B11-0033-0-002-03 in Defiance Township, Defiance County, Ohio. 

ii)   The Zoning Commission recommended that the Trustees approve the request.


c)            Following tjh report Chairman Layne requested a motion to approve/deny the Zoning Commission recommendation.


MOTION:   by Mr. Ankney to approve the re-zoning                                               


SECOND:  by  Mr. Peck                                                   


YEA(s)         NAY(s)                     Passed              x                     Failed


            The motion to approve the rezoning of this parcel was approved.


d)           Trustees then heard a report by tjh on a meeting with Zoning Appeals Bd member Ruth Ann Schofield & the County Assistant Prosecutor Russell Herman.  T Houck, clerk, was requested by the Prosecutor’s office to attend for purpose of documentation.  Exhibit 4-c is a minute of the session & was distributed to all Trustees.

i)         Issues synopsis:

(1)  Sept 05 Zoning Map – was improperly adopted and will be dismissed and replaced by previous map

(a)        Problem is change from Ag conditional use to residential

(b)        Will return all changed properties to ag – conditional use

(i)            All residents that were changed should have been sent a letter noting such change

(ii)            The public ad was not sufficient notice.

1.      as the 9-05 map was improperly adopted the zoning commission will meet and formally note this issue.  This meeting will recognize for documentation purposes the above which will recognized the previous zoning map as the map of record.

(2)  Interpretation of conditional use designation – the zoning inspector believed that a conditional use designation provided him with authority to issue new conditional use permit requests for said properties.

(a)      Prosecutor:  All such requests must come before appeals board.  Zoning inspector can not issue such a permit even if the property is currently zone for conditional use.

(3)  Procedure to change zoning designation – example:  ag to r-1

(a)        Should have a review by Co Planning as part of data for zoning commission to make a decision

(i)            Note:  failure to acquire such a review is not an automatic death of the commission’s action.  The Common Pleas Court would hear the case and determine on basis of facts for request –

1.      if the property owner was harmed

2.      best use of the property, etc.

(4)            Zoning map is to be updated at regular intervals by Co Soil and Water – (after zoning commission and trustee approval of changes) at least annually


(5)  Public meetings definition

(a)        When ever a body (appeals, commission or Trustees have a majority of its members together a public notice and a formal meeting with the public invited must take place)

(6) Trustees made no additional comments to the report.


e)   TJH noted that Defiance County Commissioner Otto Nicely reported that a citizen (Perry Porter – Defiance Twp) had a nuisance complaint.  Tjh turned this over to the Zoning Inspector/nuisance complaint officer Mr. Schlegel. 

i)    Mr.  Schlegel noted he has sent the party (as required) a Twp Nuisance complaint form and is awaiting it’s return

ii)   Tjh stated that Commissioner Nicely will be informed  as he requested of the Twp’s action.


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

i)      December 2006

(1)            Chris Switzer Kiser Rd. Septic Form D

(2)            Junk Complaint from Perry Porter via Otto Nicely. Sent Porter nuisance form. Nothing received back

(3)            Jerry Baden Harding Rd Septic Form D

(4)            Linda Knight Hammersmith Rd, Addition sent Zoning Form.

(5)            David Glick Hammersmith Rd Septic Form D

(6)            Dave Ott  SR 111 Septic Form D also might need a variance

(7)            Rod Rittenhouse & Eric Gerber Lot split 1912 Baltimore Rd approved, sent to Maumee Valley Planning with stipulation that zoning remains the same with out a variance.

(8)            Fred Mansfield Bowman Rd x 3 lots Septic Form D

(9)            Bill Webb Cromley Rd Septic Form D

(10)            John Rohlf Williams Septic Form D

(11)            Sent Annual report July 2005 thru June 2006 to Ohio Dept. of Development.

(12)            Jerry Baden Powers Rd Septic Form D x 2 lots Zoned AG change to R1 Approved

(13)            Chris Fisher Powers Rd AG conditional use R1 Approved

(14)            Jayme Price Cromley Rd New Pond Permit Issued. – Submitted request for AG Conditional use permit.


End of report



ORDER OF BUSINESS NO. 5  - Equipment


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

i)      There were none.


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


a)   The monthly Trustee Report was reviewed.  

i)      December - Rd review by Trustee Peck…was distributed as exhibit 6-a (on file)

(1)            Mr. Peck noted that Krouse rd needs stone

(2)            Kibble has pot holes in need of repair

(3)            May rd needs crown repairs

(4)            Keller rd has trees with branches hanging over and low on the road – need trimmed 

(5)            Trustees will review road sign catalogue to purchase “NO THROUGH TRUCKS” signs for Singer road..


b)   Up-date on existing road projects

i)      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 $380,972

(3)            revised cost est from Co Engineer provided Nov 06

(a)      full mile $353,135

(b)      half mile $191,785

(c)      fiscal officer continues to note that 07 timeframe may not be fiscally possible

(d)      as of this session there is approximately $145,000 available based on receipts vs anticipated expenses for remainder of 06)

(4)            regular updates will be provided


ii)      Indian Bridge Lane

(1)            See agendas of April through Sept for project details

(2)            Project work is completed Sept 06 except for seeding.

(3)            per Trustees directions in the August 06 session the clerk has awarded the seeding bid to Muntz landscaping of Holgate,  Ohio, the bid amount was $1870. 

(4)            Muntz was contacted by clerk at Trustee direction in the Oct session…he is to contact the clerk when seeding is complete. 

(5)            As of 12-06:

(a)      Due to rain and ground conditions this past fall it will be spring of 07 before this is seeded.


c)   Exhibit 6-c was reviewed.  This exhibit is the County engineer’s annual “Township Participation”  request sheet.

i)      Trustees determined that no special road project will take place in 07 in order to acquire enough funds to complete the Kiser rd – 2nd mile rebuild project.


d)            Chairman Layne asked if there were any other or new road projects?

i)    It was noted that Bowman road needed a cross over pipe installed approximately .25 miles west of St Rte 66. 

(1)            Trustees are to review timeframe for this with the County Engineer.

ii)   A cross over pipe also needs installed on Defiance – Paulding Co Line Rd #8 – Twp section.

(1)            Trustees are to review with Co Engineer when the engineer’s office will do this work.

iii)      There were no other projects noted at this time.


ORDER OF BUSINESS NO. 7  -  Personnel


a)            Downes Hurst &  Fischel law firm of Columbus, Ohio, continue to work on personnel matters regarding the possible overpayment by the Twp to OPERS for benefits for Twp employee Mary Ankney.  There were no comments regarding this issue.


ORDER OF BUSINESS NO. 8 –  Hand outs


a)            Monthly (December 06) GrassRoots clippingswas distributed as exhibit 8-a

b)   Notice from County Engineer of the annual “Defiance County – Township Trustees Association” session – was handed out as exhibit 8-b

i)      Trustees stated they will attend and instructed the clerk to rsvp.

c)            Trustees then reviewed the upcoming “Ohio Twp Association Winter conf”

i)      The conference will be Jan 31 feb 1 & 2

ii)      The clerk reported that all trustees are registered- packets will be handed out at Jan 30th trustee meeting

(1)            Travel packets contain:

(a)      Registration of conference & hotel

(b)      Conference is at col convention center on high street

(c)      Hotel (hyatt)  under your names –

(d)      Trustees to incur expense and will be reimbursed

(2)            Twp covers exp for only the Trustee – this is per twp resolution on “travel – training”

(a)      meals are covered to $36 per day.  Trustees are responsible for any overages.

(b)      Mileage reimbursement is .485 cents per mile


ORDER OF BUSINESS NO. 9 –  Old Business


a)            Renewal of Twp fire levy was reviewed.

i)      The clerk noted that during the Nov 06 session - Trustees moved to place a “replacement levy” on the Nov 07 ballot.

ii)   Mr.  Peck is collecting data to negotiate with the City of Defiance on a possible contract renewal or to recommend to the Trustees an alternative service provider.

iii)      Clerk reported he is working to get the issue prepared for a Twp resolution to place the levy on the ballot.

(1)            Clerk contacted Election Board for direction.

(a)      Must submit request to Prosecutor’s office then to Co Auditor’s office to certify levy revenue to be collected (& prepare ballot language)

(b)      Then Trustees to adopt a resolution to place on ballot.

(c)      Then submit to Board of elections


b)   The Twp Insurance coverage for property & operations is up for annual renewal.

i)      The Twp currently is with the Ohio Plan – started 2006

ii)      Conrad Beck – Ohio Plan agent will provide a presentation – possibly during the reorganization session in Jan

iii)      The clerk reports that the annual premium price; as verbally stated by Mr. Beck,  is unchanged at $5,839.

iv)      Trustees had instructed the clerk to acquire bid from OTARMA

(1)            Clerk: - contacted OTARMA rep Dale Hess of First Ins

(a)      Mr.  Hess noted that if there was no increase in the premium charge by the Ohio Plan; OTARMA would not recommend a change in carriers for the Twp.

(b)      No bid will be submitted.


c)   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)   The chair asked if there was any new business to come before the Board?

i)      There was none.



12)       The next Township Trustee MEETING:

Date:               Tuesday January 16th,  2007 –annual re-organizational session. 

            Time:               7:30 p.m.

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



Mr.  Layne requests a motion to adjourn this meeting of December 26th,  2006 


            MOTION:  Richard Ankney


SECOND:  Dan Peck                                                                                                        


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


The motion passed.


Respectfully Submitted


Timothy J. Houck,  Fiscal Officer/Clerk