February 26th,  2008 MEETING


The Defiance Township Trustees met in regular session at the Defiance County Commissioners building – 2nd Floor conference room,  500 Court Street,  in Defiance Township, Defiance,  Ohio,  on Tuesday February 26th,  2008 at 7:30 p.m.  Following the Pledge of Allegiance the Chair instructed the clerk to call the roll, answering as present were:   Daniel Peck, Charles A. Bakle Jr. and Richard Ankney;  also present was Tim Houck, Township Fiscal Officer.  All three (3) members of the BOARD OF TRUSTEES having answered the roll, a quorum was present.


Township employees present:   John Diemer – 23361 Defiance-Paulding Co Line Rd, Joe Kolb 16492 Cullen Rd. and James Schlegel (zoning inspector) – 220 Pinewood.


Other(s) present were:  Ruth Ann Schofield 15968 Campbell road, and JoEllen Houck of 8 Deville Drive, Defiance,  Ohio. 



Review and approval of minutes of the previous session.

a)            Chairman Ankney requested a motion for the approval of minutes from the January 29th regular session. 


MOTION:  Dan Peck

             SECOND:  Charles Bakle                                                                                                          

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

The MINUTE’S for the January  29th  session was 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 January monthly Reconciliation – noted a primary checking reconciliation balance of $155,290.29 as of January 31st,  2008….. balance is minus the outstanding checks and Township investment funds. 

b)   Receipt & Payment reports

i)      Receipts for February 2008 were $19,549.05.  Payments for February (bills & payroll) totaled $10,229.38.  

c)   The Cash fund summary through February 29th, 2008,  showed an “ending cash balance” of  $702,704.00. 

d)   The unencumbered cash balance “cash available” was $551,447.51 which is the balance after encumbrances are subtracted from the cash balance. 

e)            Appropriation Status showed that through February 29th, 2008,  4.2% 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 Fiscal Officer’s office.

f)    The fund status report showed:

i)      The money market investment fund balance as of 02-29-08 was $538,094.04

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.  Ankney requested a motion to accept the February financial reports.   


MOTION:  Charles Bakle

            SECOND:    Daniel Peck                                                                                                        

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

The February financial reports were approved.


ORDER OF BUSINESS NO. 4 – Zoning - Status update on the following zoning Issues as of this session:  

a)   The fiscal officer reported on the “Appeals Bd” hearing of earlier this evening.

i)      The Appeals Board heard a request for a “variance” to Township set back requirements.  This requests was submitted by Clear Channel Radio for their building at 2110 Radio Drive in Defiance, Township,  Defiance,  Ohio.  The request was to put an addition onto the current building maintaining the current buildings alignment to Radio Drive and a small section of the parking lot severing the building.  The proposed construction would infringe on the set back requirements by approximately 12’.

ii)      The parcel is located on approximately four acres on the north side of Radio Drive in section 27 – Town (4) North, Range Four (4) East.  The parcel is a part of the Westwood Addition of the City of Defiance,  Defiance Township,  Defiance,  Ohio.  The parcel ID is  B110027000600.

iii)      The Appeals Bd approved the request.

iv)      There was no further discussion by the Trustees.


b)   The Chair then asked for the Monthly Zoning report - Inspector’s Report -  Mr.  Jim Schlegel

i)    February 2008

(1) Fielded several concerns & met with representatives, all info was filed on Radio Dr Project.

(2)            Received zoning application for new home on Bowman Rd. No permit issued as yet, waiting for weather to break.

(3)            Have heard nothing further on New Church Construction on Watson Rd. No permit has been issued.

(4)            Received complaint of trash piled around a home on Indian Bridge Lane.

(5)            Talked to occupant on site she advised it would be cleaned up by 2/27/08.

(6)                Approved a land split on Powers Rd 4.83 acres give or take. Since this is less than 5 acres this split goes to Maumee Valley Planning for approval


c)           Chairman Ankney 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)      Township employee John Diemer was recognized and stated that he now believes that the 2004 international should be maintained as is and not to have the belly plow removed as he had previously requested. 

(1)            He informed the Trustees that the belly plow when used on the few regular width roads that our Twp maintains does a good job on removal of ice build up.  (recent past storm use)

ii)      Trustees had at the last session (see mins of the Jan 08 session) voted to have the belly plow taken off the unit.  This was due to the fact that the unit is used on Twp roads that are of minimal width.  This is most of the roads of Def Twp.  When used on the minimal width roads the large truck has been stuck several times.  This occurred when the unit is jerked into the ditch when it moves left to make way for oncoming traffic.  This has cost the Twp over $600 in towing fees this winter season.

iii)      Trustees did not take any action and will consider the request.


b)   The fiscal officer distributed the 08 vehicle insurance cards – to Twp crew leader John Diemer..

i)    A card is to be placed in each of the licensed units of the Twp.


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 Bakle was reviewed.

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

ii)   Mr. Bakle noted the issues were mostly pot holes.  Further, he suggested that the Twp crew pay attention to the deteriorating berms at Ashwood and US24 and along keller road.

iii)      The March  - Rd review will be made by Mr.  Peck.


b)            Trustees then reviewed exhibit 6-b which was a letter from Defiance County Soil & Water – noting a drainage issue and recommended repair to Radio Drive – Defiance,  Township.

i)      Trustees ordered Twp staff to repair when weather and ground conditions allow.

c)   Exhibit 6-c was then reviewed.  This item was an email relative to Winn Rd flooding concern first reported to the Twp via phone to the fiscal officer by city of Defiance Operations Manager Rob Cereghan.

i)    All Trustees noted they have reviewed the area and determined with assistance from the County Engineer that the issue is on a private drive and therefore can not be addressed by the Township.


d)            Trustees then reviewed the up-dates on existing road projects – there are presently two (major) planned projects for 08:

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)   Construction is still anticipated to take place in 08.

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

(6)   the fiscal officer noted that during the recent Ohio Twp Winter meetings it was learned that no general fund monies may be spent on road projects.  This was issued as an Attorney General Opinion.

(a)      The project costs as currently budgeted included the use of some $40,000 in general fund monies.  This is based on the highest engineer’s estimate and the bid may be less than anticipated.  The Township may need to make adjustments to this or other projects once the bids are in.

(b)      There was no further discussion on this issue.

(7)   This item will remain on future agendas until completed


ii)   the other project is the drainage project for “Sponseller Rd -  drainage will be to Bee-Tree ditch.  This item has been on Twp agenda’s from March 07.  see past agendas for history.

(1)            Bee-Tree ditch is being cleaned this year by Soil & Water

(2)            Once that project is complete the Twp agreed to address the drainage issues on Sponseller

(3)            Trustees are to meet with the County Engineer on the first Saturday in March 08 at 8:30a.m. on site to do a site review and to discuss the aerial with proposed cross-overs which was distributed at the re-organization session. 

(4)            The Twp will be assessed for the Bee-tree ditch project _ estimated at several hundred dollars per year by soil and water for the work and future maintenance.

(5)            This is no estimate for the cost of the Sponseller drainage project as of this session.  The fiscal officer has tentatively set aside $50,000 (from road accounts).  this includes

(a)      Cost of work by Co engineer

(b)      Purchase of right of way

(6)            There was no further discussion…


e)   The Chair asked if there were other possible road projects?

i)    It was noted that a catch basin needs replaced near 250 Lakeview drive.  This will be done during the upcoming construction season.

ii)      Trustees had contacted Soil & Water to rebuild the berm and ditch near the Russell property on Hammersmith road.  (This issue was first discussed in the January Trustees meeting.)  this project will be done during the upcoming construction season.


f)    The chair noted he had contacted the State Garage supervisor Bob Steffel and has asked for any unwanted grindings the state may have during this year’s construction work.  The state will place these grindings on Krouse road south of Hammersmith.  This will build up the road base for possible future repair-rebuild.


g)   There were no other projects proposed.


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 (February 08) GrassRoots clippings – exhibit 8-a

ORDER OF BUSINESS NO. 9 - Old Business


a)            Trustees reviewed the status of the issue of the expansion of the Ayersville Water and Sewer District by annexation of territory via Ayersville Water and Sewer board action.

i)      Trustees noted they are keeping up on the issue and nothing new has developed in the past several weeks.


b)   Ohio Township Association’s 2008 Winter conference – comments from Trustees and fiscal officer:

i)    As noted under road projects – general fund monies can not be spent on road projects.  This was determined by an Ohio AG opinion and disseminated by the Ohio Twp Association director Mike Cochran.

ii)   Mr.  Bakle noted that he learned that a Twp can only expend funds for indigent burials when the person is a rural Twp resident.  (residents of the Twp living in the City of Defiance are not eligible).


c)   The chair asked if there was any other old business?

i)      There was none.


ORDER OF BUSINESS NO. 10 - New Business


a) The fiscal officer provided Trustees with information on the cost of the 08 Fire Service contract with the City of Def.

i)      Exhibit 10-a – noted the formula the city uses to asses the Twp.  The contract will increase from $54,976.88 to $56,358.79.  this is a 2% increase.


ii)      The chair asked if there was any discussion?

(1)            There was none.


b) The fiscal officer then requested approval to attend the annual Auditor of State’s “Local gov’t conference” on March 26th, 27th, & 28th.  This is an annual training conf for local gov’t officials focusing on fiscal management and associated rules.  It also includes segments relative to updates of the acc’t program managed by UAN, which is utilized by the Township.  The fiscal officer will be attending sessions on the 27th and will be paying the 1 day conf fee.  It was noted that travel would include one night’s stay as meetings begin at 8 a.m.


Mr.  Ankney requests a motion to approve the Travel request for the Fiscal Officer to Attend the conf.   


MOTION:  Charles Bakle

            SECOND:    Daniel Peck                                                                                                        

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

The request to attend the annual Auditor of State’s “Local gov’t conference” in March was approved.


a)   The Chair asked if there was any other new business to come before the Board.

i)      There was none.





Date:                Tuesday  March 25th,  2008 

            Time:               7:30 p.m.

Place:              2nd floor of the Defiance County Commissioners building – conf room EMOC

                        500 Court Street - Defiance,  Ohio


Mr.  Ankney requested a motion to adjourn the meeting of February 26th,  2008.  

It was moved by:  Mr. Bakle  

                        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