February 21st,  2006 MEETING


The Defiance Township Trustees met in regular session at VFW Post 3360 in Defiance Township, Defiance,  Ohio,  on Tuesday February 21st,  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.


Visitors present:   Mary Ankney - 19133 Hammersmith,  John Diemer – 23361 Defiance-Paulding Co Line Rd,  James Schlegel (zoning inspector) – 220 Pinewood Ave.  Other(s) present were:  Bob Kuhn of OTARMA from Worthington, Ohio, Anna & Charles Marchant – 838 Indian Bridge Lane,  Charles Sisco – 66 Charnell Rd (Indian Bridge Lane),  Richard Lano – 62 Charnell Rd (Indian Bridge lane),  David Ott – Defiance, Ohio, & JoEllen Houck of 8 Deville Drive,  Defiance,  Ohio.   




Review and approval of minutes of the previous session.


Chairman Layne requested a motion for the approval of minutes from the January 31st 2006 session. 


MOTION:  Richard Ankney  


SECOND:  Dan Peck                                                                                                     


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


The MINUTES were approved for the January 31st, 2006 meeting.


ORDER OF BUSINESS NO. 2 -  citizens concerns


a)  The following made comments relative to drainage concerns on Indian Bridge lane.  See discussion comments under section 6 – item c – road projects of these minutes.

i)   Anna & Charles Marchant – 838 Indian Bridge Lane

ii)   Charles Sisco – 66 Charnell Rd (Indian Bridge Lane)

iii)  Richard Lano – 62 Charnell Rd (Indian Bridge lane)

(1) Charnell rd is a locally named private drive feeding onto Indian Bridge Lane




The following financial reports provided to the Board were reviewed.

b)  The January monthly Reconciliation – noted a reconciliation balance of $337,334.92 as of January 31,  2006….. balance is minus the outstanding checks. 

i)   The balance was $14,355.88 less than the previous month’s balance.

ii)   This is the second month in succession that a decline was registered.

c)  Receipt & Payment reports

i)   Receipts for February were $3,929.85.  Bills for February totaled $23,668.08. 

d)  The Cash fund summary through February 21st,  2006,  showed an “ending cash balance” of $317,596.69. 

e)  The unencumbered cash balance “cash available” was $166,487.90 which is the balance after encumbrances are subtracted from the cash balance. 

f)   Appropriation Status showed that through February 21st,  7.8% 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 tentatively for the 2007 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.


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


h)  Payroll for February 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)  Status update on the following zoning Issues as of this session: 


i)   The fiscal officer reported on the reproduction of the Twp Zoning Rules. 

(1) In Jan 05’s regular Twp Trustee session the Trustee’s approved the cost bid by Kinko’s of Maumee,  Ohio, of $352.  This reprinting has been stopped due to a proposed price increase by Kinko’s.

(2) Kinkos misunderstood bid needs which were:

(a) Provide 25 copies in a three ring binder with four tab sections

(b) Edit in line changes as approved and provided

(c) and to provide the complete book in a Microsoft word format.

(3) Kinko’s informed the fiscal officer that at the price quoted they can not make the line changes as they bid only to scan the document and prepare the copies and to provide a disc in an PDF format.

(a) The PDF format can not be edited by the Twp

(4) To meet the Twp’s direction Kinko’s said the cost would be approximately $1,100 – however, due to the mis – understanding, Kinko’s will assume part of the additional charge to be determined after the project is complete and final cost is fixed.

(5) The fiscal officer reported that all other bidders were contacted.  All bids needed to be adjusted.  Kinko’s remains the lowest bid for this project.

(a) The fiscal officer requested the Trustees’ approval to continue with the print job with Kinko’s


Chairman Layne requests a motion to approve the additional expenditures for the print project.   


MOTION:      Mr.  Ankney   


         SECOND:     Mr. Peck                                                     


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


The motion to approve the print cost increase was approved.


b)  zoning Bd of Appeals 1-31-06 session – Baden Property split and proposal to build 2 homes

i)  The requested action of the Twp Appeals Board was to approve a parcel B110003001603 split owned by Jerry Baden.  This property is located at 13868 Harding Rd.

ii)  the fiscal officer (tjh) reported that he was contacted by parties opposing the approval action of the Appeals Bd and informed tjh that they were filing an appeal


(1) letters of objection from the opposing parties were sent to all Bd members and Trustees.

(a) Opposing parties are the Ehlinger and Carmen families.

(2) Tjh sent all information to the prosecutor’s office to get direction on procedures and time frame of the appeal process

(3) TJH also reported that relative to this issue; he received information from the engineer’s office that the Appeals Bd had no responsibility in the lot split request and has authority only as to the zoning of the property.

(a) The engineer’s office stated that to follow proper procedure in order to build homes on this parcel the parcel must be re-zoned from ag to residential

(b) The lot split request is determined at the County Planning Commission

(c) The twp awaits a response from the prosecutor’s office


c)  Notice from County Recorder – Jane Tadsen – was provided to the Trustees as exhibit 4-c at the Jan 31st session – which indicated a fee increase will be charged to the Twp on filings of the Twp of Zoning amendments to the Plan on file in the Recorder’s office.

i)   Tjh as instructed contacted the Recorder and determine impact on Twp

(1) Recorder stated that if the Twp amends the zoning rule book it has on file in their office the fee applies, however, if we adopt a new rule book the fee is $100

(a) The Oct adoption of the Twp rules on zoning constitutes a new document and therefore, once we have copies printed we can have the Recorder – record a copy at a cost of $100 instead of a charge of the amended  fee of $20 for the first page and $8 for each additional page thereafter


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

i)   Site Review for Land Split Power Dam Rd Sent to Maumee Valley Planning

ii)   Site review May Rd New Addition Permit Issued

iii)  I did research for a telecommunication tower for a client of Attorney
Tim Holtzberry. Holtzberry would not divulge whom his client is but did
say this would be located in the SR 66 Bowman Rd area. In essence I
referred him to ORC 519.21.1 --- 519.211. I also advised that if this is for a private
individual for private use our zoning fees are same as our commercial
fees.  If this is a public enterprise such as Alltel - Nextel or a public
communications there is no zoning fee.


e)  David Ott of Defiance, Ohio, entered the meeting and upon recognition by the chair requested permission to discuss his proposal to build a structure (house) on Lakeview Drive @ State Rte 111.

i)   Mr.  Ott was referred to the Twp Zoning Inspector.


ORDER OF BUSINESS NO. 5 --  Equipment;   


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

i)   There were none


b)  The fiscal officer (tjh) was recognized and reported on the status of purchasing a replacement copier.

i)   The Trustees approved the fiscal officer to acquire bids for a new copier during the Jan 31st session.

ii)   TJH continues to work on this project.


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

a)  The February - Rd review by Trustee Ankney was distributed at this session to all Trustees and Twp rd crew

i)   This report is on file with the minutes of this session

ii)   The report notes usual twp road repairs and maintenance for the twp road crew

(1) A cross over culver is reported needed on Hammersmith - .2 miles east of Singer Rd.


b)  Trustees then reviewed existing road projects with the twp staff

i)   Berming on the Co Line Rd near the Bill Webb residence – spring project

ii)   Hammersmith use berm reclaimer in the 23000 block – spring project

iii)  Sponseller Rd near the Hahn residence.  In Dec 05 Trustees instructed crew to check this area after the next heavy rain.

(1) Trustees were informed by the Rd crew that the back up is due to a drainage problem in the Link ditch which serves this area as a drainage system

(2) The fiscal office was requested to write a letter to the Defiance county Soil & Water’s – “ditch maintenance” program and request that the clean out of the “Link Ditch” be raised on their priority list. 


c)  New road projects..were reviewed

i)   The Kiser Rd project

(1) The fiscal officer reported that this project relative to the most recent projected cost could not be done in 06 and may not be possible in 2007

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

(3) Trustees attended the co wide CDBG grant program presentation by the County in Jan 06

(a) A Grant application by Twp for easterly half mile is to be prepared

(b) Fiscal officer to write grant – must be submitted by May 5th,

(4) Trustees also conferred with the County Engineer relative to possible use of Issue II money in 07.

(a) The Twp is not scheduled for Issue II funds in 07 and Issue II funding levels are set

(b) The twp can not expect to receive more than the regular $16,000 more or less normally assigned to this type of grant

(i)  this item will remain on future agenda’s for further study relative to available funds.


ii)   Trustees reviewed the repair to Bowman road in 2006. 

(1) Approval for the engineer to address these repairs was made at the 1-31-06 session

(2) As directed the Fiscal office provided the request to Co engineer 2 – 06

(a) Estimated cost is $34,500

(b) It was noted by tjh that this expense takes away from the Twp’s fund to re-build Kiser road. 


iii)  The Schroeder Rd 06 project – was also discussed. 

(1) This project was approved by Trustees 1-31-06 session

(2) Co engineer to do work -- est cost $13,500 to pave 1155’

(a) It was noted by tjh that this expense takes away from the Twp’s fund to re-build Kiser road. 


iv)  Carter Rd project…a drainage issue caused water to flow over the road.

(1) Trustees received information about this concern from Defiance County Commissioner Nicely, who provided information from a citizen contact

(a) Trustees were provided with exhibit 6-c-iv – citizen complaint from Chuck Baden of 39 Carter Rd

(2) Trustees were informed by the Twp road staff that the cross over was put in place several days ago and the problem is resolved.


v)  Indian Bridge Lane – drainage problems in the boulevard were again brought before the Trustees.

(1) Citizens present airing a concern were:

(a) Anna & Charles Marchant – 838 Indian Bridge Lane

(b) Charles Sisco – 66 Charnell Rd (Indian Bridge Lane)

(c) Richard Lano – 62 Charnell Rd (Indian Bridge lane)

(i)  Charnell rd is a locally named private drive feeding onto Indian Bridge Lane

(d) Concerns noted

(i)  standing water in boulevard after rains

(ii)  flooding of street continues after county engineer’s drainage project of 04

(iii) during that project cross over drainage culverts, which were buried below ground, are now exposed

(iv) citizens were concerned that heavy garbage trucks are tearing up the road causing drainage issues

(2) Trustees responded:

(a) Trustee Peck inquired if the citizens knew what segment of the route the garbage trucks were in when the pick up occurred.  He noted that if the trucks were in the later stages of the route than the weight would be greater .. if this were the case the waste company would need to be contacted and informed of the road weight limitations.

(b) The Chair noted that the Trustees have received communication from Co Commissioners on 2-8-06 regarding the concerns of drainage on this road – the Commissioners letter was provided as exhibit 6- c – v at this session

(i)  this Commissioner letter was in response to Twp letter of concern to the Comm in 12-05

(c) Trustees said they would have tjh write the Co. Commissioners another letter requesting an on site meeting with the Commissioners and the Trustees

(i)  at the request of the citizens present -- Mr. Marchant would be contacted so that he could notify the others when this site visit is to be scheduled so all who wanted could attend.


d)  The Annual County Engineer stone price list was presented to the Trustees

i)   This was exhibit 6-d and is on file with the fiscal officer

ii)   The engineer acquires the prices which are good for all political subdivisions of the County who wish to purchase stone from Stone-co under this price list

iii)  Defiance Twp uses this list

(1) The fiscal officer asked that the Twp road crew – mark the type of stone # on yellow purchase slip and ck on price per co bid


ORDER OF BUSINESS NO. 7  - Personnel  


a)  The fiscal officer reported that the elected officials bonds for Trustees Ankney and Peck are in hand and on file

i)   Copies were provided


b)  Travel – Training


i)   The fiscal officer requested permission to attend the annual “State Auditor’s – Local Govt” conference for fiscal officers in 2006.

(1) Session is march 30 & 31st in Columbus, ohio.

(2) This conf deals specifically with the responsibilities & training for the fiscal officer


Chairman Layne requested a motion to approved the travel request of the fiscal officer to attend the 2006 Local Gov’t conference in Columbus,  Ohio…March 30 and 31st.     


MOTION:      Mr.  Ankney   


         SECOND:     Mr. Peck                                                     


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


The motion to approve the travel-training & reimburse expenses was approved.


ORDER OF BUSINESS NO. 8 – Hand outs – there were no handouts at this session




a)  Twp insurance coverage for 2006  - liability & property

i)   OTARMA representative Robert Kuhn stated that OTARMA has worked to lower their initial bid which was sent in error based on size of Twp budget and not taking into account that capital improvements are to be subtracted from the overall budget.

(1) OTARMA’s  current bid is $5,453 previous bid was $7,086.  Bid was amended at the jan session.

(a) The fiscal officer noted that a new set of bills were received which indicate an additional premium due in the amount of $885 see exhibit 9-i—1 which is part of the monthly meeting file

(b) The new OTARMA total would now be $6,338 – if accepted plan runs from Jan 1 to Dec 31 2006.

(2) Mr. Kuhn stated that if the Twp ops to retain OTARMA then the additional billing would be wavied

ii)  Trustees reviewed the Ohio Plan current bid which is $5,839 this was amended from the Jan 31st session bid of $5,403

(1) Reason for increase is to cover the Twp for a 13 month period in order to allow Twp to bid plan in Feb instead of jan each year.

(2) If accepted Plan runs from Jan 1 – 06 to Jan 31 – 07.


b)  The chair noted that he is in favor of accepting the OHIO Plan as they provided the low bid first and it was only after this bid was discussed in public session that the OTARMA plan bid was lowered.  The chair continued, that  to ensure future competitive bidding he felt it necessary to accept the Ohio Plan bid.

c)  Mr.  Peck stated that he favors continuity. 


Chairman Layne call the question to award the Twp insurance business for 2006.


Mr.  Ankney moved to accept the bid of THE OHIO PLAN as the Twp insurance carrier for 2006....   


MOTION:    Mr. Ankney                                                   

         SECOND:    Mr. Layne                                                  


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

the motion to accept the Ohio Plan bid was approved.


d)  Trustees discussed the 2006 Ohio twp Association Annual winter meeting helded Feb 1, 2 ,3 & 4

i)   Trustees Ankney and Layne attended as did the fiscal officer

(1) Trustees learned

(a) Almost all twps are experiencing fiscal difficulties as state and federal funds are being allocated elsewhere and local Gov’t assistance is being reduced

(b) Zoning Appeals work is appealed not to the Trustees but to the Common Pleas Court

(c) Twps are strongly urged to adopt the GAAP look a like accounting _ GASB 34 instead of a cash basis system

(i)  The fiscal officer noted that Def Twp shifted to GASB 34 in 2004


e)  Twp Web – site – was discussed

i)   The fiscal officer (Tjh) is still in the process of writing a news release that the site is activated and maintained regularly

ii)   Mr.  Schlegel noted in the Jan 31 session that dates of terms of certain zoning appeals bd & commission members are in error – tjh will correct this problem with the next site update which should be in March

iii)  all future zoning agendas and minutes will be posted

iv)  updates to be made periodically


f)   the Chair asked if there was any other old business?

i)   Mr.  Peck suggested it would be prudent to acquire cost estimates from private contractors for the mowing needs of the Twp cemeteries.

ii)   Mr.  Ankney immediately excused himself from the discussion as his spouse is the current twp cemetery sextant responsible for this work.

iii)  Mr.  Layne said he had no objections to inquiring as to prices the twp might be charged for this work

iv)  Mr.  Peck said he will seek prices from private vendors for discussion at an upcoming session.


ORDER OF BUSINESS NO. 10 –  New Business:


i)   A notice presented as exhibit 10-a from Def co Health department was reviewed which announced that the annual “District Advisory Council” meeting is to be held 3-14-06.

i)   Trustees are invited to attend and discuss Twp needs from the Health department.

ii)  The fiscal officer was instructed to rsvp all Trustees and the zoning inspector. 


j)   The Solid Waste District – ballot (presented under cover letter see exhibit 10-b) was reviewed.  The ballot is to vote on a Co wide Twp member to represent the Twp’s of Defiance County on the Solid Waste District’s Policy committee. 

i)   The policy committee is responsible to write the District’s waste management plan.  This plan is due to be revised – per the ORC – every five years and the Plan re-write is to begin in Oct 06.

ii)  The ballot listed Tiffin Twp Trustee Rick Hall and also provided a blank for a write in candidate.

iii) Mr.  Hall was nominated by a poll taken in November 05


Chairman Layne requests a motion to submit the Defiance Twp vote in favor of Mr.  Hall     


MOTION:       Mr.  Ankney                                                 


SECOND:      Mr.  Peck                                                


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








Date:           Tuesday March 28th,  2006 

         Time:            7:30 p.m.

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



Chairman Layne requests a motion to adjourn this meeting of February 21,  2006 


MOTION:       Mr.  Ankney                                                 


SECOND:      Mr.  Peck                                                


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




Respectfully Submitted



Timothy J. Houck,  Fiscal Officer/Clerk