The Defiance Township Trustees met in regular session at VFW Post 3360 in Defiance Township, Defiance,  Ohio,  on Tuesday February 27th,  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, Joe Kolb 16492 Cullen rd,  – Township employees,  James Schlegel (zoning inspector) – 220 Pinewood Ave & Zoning Board of Appeals members:  Ruth Ann Schofield -15968 Campbell rd., Lynn Keller 21734 Hammersmith rd, & Rodell Behlke 1771 Ottawa Ave. 


Other(s) present were:  Charles Bakle 1204 Wayne Street,  & 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 30th,  2007 session. 


MOTION:  Dan Peck


SECOND:   Richard Ankney                                                                                                       


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


The MINUTES were approved for the January 30th,  2007 meeting.


ORDER OF BUSINESS NO. 2 -  citizens concerns


a)   None




The following financial reports provided to the Board were reviewed.

b)   The January monthly Reconciliation – noted a primary checking reconciliation balance of $14,154.58 as of January 31,  2007….. balance is minus the outstanding checks. 

i)     The balance  does not include the money market account.

ii)     The money market balance was $447,482.42.

iii)     Total township funds were $461,637.00 

c)   Receipt & Payment reports

i)     Receipts for February were $12,807.16.  Bills for February totaled $9,203.75. 

d)   The Cash fund summary through February 28th,  2007,  showed an “ending cash balance” of $465,240.41. 

e)   The unencumbered cash balance “cash available” was $314,361.30 which is the balance after encumbrances are subtracted from the cash balance. 

f)            Appropriation Status showed that through February 28th  5.5% 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 & 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.


Chairman 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)   A Zoning Board of Appeals Bd session was held just prior to the Trustees meeting. 

i)      Jayme Price of 19626 Cromley Rd filed a request for a “conditional Use” permit to build a home in section 18 of def twp.  The home will be on Cromley road.  This request was approved.

ii)      Jerry Baden of 21234 Powers Rd filed a request for a “variance” relative to property road frontage for two homes on a parcel he owns on Harding rd.   This request was denied.


b)   A Zoning Commission session was to have been scheduled in Feb.  The clerk reported that this did not take place.  This meeting is now tentatively scheduled in March.

i)      The commission board will address the problem with the improper adoption of the current Zoning Map.  This was done in Oct 05.  The previous map will be the map of record once the Zoning Commission meets and formally rescinds the actions of the Oct 05. 

ii)      This Issue was reported by the clerk to the Trustees  @ the Jan 07 Re-organizational meeting.  See re-org mins for details.


c)   In the Jan 30th session Trustees were informed that the Zoning Inspector asked that the Prosecutor render an opinion relative to zoning regulations applicable to platted subdivisions within the twp regarding the 150’ minimum road frontage. –

i)    Mr. Herman – assistant prosecuting attorney – verbally informed the clerk that he has provided the zoning inspector with a response. 

(1)            Platted subdivisions are not subject to the Twp’s single resident zoning requirements.

(2)            Platted subdivisions are under the County Planning Commission.


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

i)      Larry Mick Site Review for proposed new out building Krouse Rd

ii)      David Ott Lots 17-18 Potts Subdivision SR 111 Site review for proposed new home & Out Building.

iii)      Mike Phieffer Requested Pond Info for US 24 project.

iv)  Site Review with Rod Rittenhouse ref a variance for sign permit.  He does meet all set backs but wants the sign to be 40 ft as opposed to the Required 30 height for on premise signs.

End report.


e)   Mr.  Lynn Keller – chairman of the Appeals board was recognized.  Mr. Keller stated that he had received the verbal resignation on 2-6-07 of board member Neil Detter.  Detter resigned due to a conflict in meeting nights.  Mr.  Keller asked that the Trustees appoint alternate Marvin Scott to this position.


Chairman Layne asked if there were any questions or comments – there were none.


It was moved by Mr.  Ankney to appoint Marvin Scott to the Township Zoning Board of Appeals


SECOND BY:            Mr.  Peck


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


The motion passed.


Mr.  Keller stated that he will contact the remain alternate – Mr. Jon Davis to determine if Mr. Davis wishes to continue in this position.  Mr.  Keller believes that Mr. Davis had previously indicated to him that he was unable to make night meetings.  Mr.  Keller will report back to the Trustees at the next session.  The Trustees will need to appoint at least one and possibly two alternates to the Board of Appeals.


ORDER OF BUSINESS NO. 5 --  Equipment;   


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

i)    Mr. Diemer noted he had no problems as of this session.


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


a)            Trustee Report – Monthly Twp Rd inspection  by Mr. Ankney was distributed as exhibit 6-a.

i)    Mr.  Ankney reported that all roads were snow and ice covered at present.

ii)      March - Rd review by Trustee Peck…  


b)   Up-date on existing road projects

i)      The chair noted that the Kiser Rd project (1 full mile from Keller to Canal) – to be done in 2008.

(1)            The clerk informed the Trustees to review their minutes of the Jan 07 session for details.

(2)            Per the clerk, this item will remain on future agendas until the project is completed

(3)            The chair asked that the clerk write a letter to all residents living on Kiser road to inform them of the scheduled construction timeframe.


ii)      Indian Bridge Lane

(1)            The clerk reminded the Trustees to review their agendas of April through Sept for project details

(2)            Project work is completed except for seeding which is to be done by Muntz landscaping of Holgate, Ohio, the bid amount was $1870. 

(a)      Seeding is scheduled for the spring of 07 when grd conditions permit. 


c)   It was noted by the Chair that in the Jan 07 session the Trustees instructed the County Engineer to coordinate two road projects in 2007 –  see mins of that session for details.

i)    A mat needs placed on Hammersmith Rd – on the south side of the road for approx .25 miles easterly from the Krouse road intersection;

(1)            Cost is             $10,242.51.

ii)      Indian Bridge lane needs chipped and sealed.

(1)            Cost is  $3,240.42

(2)            Mr.  Layne asked if it would be more cost effective to place a mat on the road instead of doing a chip and seal.  Mr.  Ankney said he would contact the engineer’s office and get a price.

(3)            If the Trustees elect to chip and seal Indian bridge lane;

(4)            The Total for both projects = $13,482.93                        . 

d)            Trustees then noted that they were to acquire bids from local contractors and the Defiance Co Engineer to place 40” drain tile under Bowman rd & the Paulding Co Line road in 2007

i)      Details were reviewed in the jan session – there is no cost estimate at this time.

(1)            Mr.  Ankney stated that when he speaks with the engineer on the Indian Bridge lane chip and seal vs mat project he will get a bid on the two 40” drain tile projects.  This will be reported in the March meeting.

e)   Hwy signs

i)    As instructed the clerk reported that he has ordered 4- no through truck signs and 10 yellow blank marker signs from Sa-So signs.

ii)   Mr.  Diemer asked where he was to get posts for these signs. 

(1)            Trustees instructed Diemer to get six posts (used) from the co engineer.

iii)      Diemer then said he needed “High Water Zone” signs and two “Stop Ahead” signs.


(1)            Trustees instructed the clerk to order these additional signs.

(a)      Sized is to be 3’ x 3’


f)    The chair asked if there were any other possible road projects?

(1)            None were brought forth 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.

i)      There was no discussion on this issue by the Trustees


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

a)            Monthly (February 07) GrassRoots clippings was provided as exhibit 8-a




a)            Renewal of Twp fire levy.

i)    In Nov 06 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 renew or to recommend to the Trustees an alternative service provider.

iii)      The fiscal officer has written the Prosecutor for ballot language and step by step direction for placing the levy on the ballot.

iv)      The clerk reported that the Prosecutor has requested the Trustees to determine if they desire:

(1)            a continuing or a renewal levy.

(a)      A continuing levy once passed by the voters remains in effect;

(b)      A renewal levy will need to be renewed by the voters after the time of the levy expires.

(i)            Example is a 5 year renewal levy. 

v)      The  clerk informed the Trustees that they need to take official action on this issue and a motion and a vote is necessary.


Mr.  Layne requests a motion to direct the Prosecutor’s Office to write ballot language for a  “continuing”  levy.    

MOTION by:  Mr.  Ankney             for a continuing levy was made.                                                    


SECOND by:  Mr.  Peck                                                    


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


The motion to place a “continuing fire operations” levy on the Nov 07 ballot was approved.


vi)      Trustees then reviewed Exhibit 9-6 which was a news article noting cost of a fire contract for German Twp in fulton co – service provided by Archbold Village for $4780.

vii)      Exhibit 9-7 was a Feb. 07  City of Defiance  bill to Def Twp noting the expected billing for the 07 fire contract in the amount of $54,976.88.

viii)      Exhibit 9-8-a & b – were letters written by the clerk as directed by the Trustees in the Jan 07 session;  to Highland and South Richland fire departments, asking if there is an interest in bidding for providing this service to Def Twp.


b)   Twp records – storage/security was reviewed by the Trustees.

i)      This was first brought before the Trustees in the re-organization session – see re-org mins for details

(1)            The clerk reported that as directed by the Trustees the Twp records are under lock & key at B & B Store & Lock @ 1535 Ottawa Ave – Def for $35 per month

(a)      Twp crew is working on the construction of a secured room at the twp maintenance building on Hammersmith rd – when complete the records will be moved to this location.


c)   Mr.  Layne asked if there was any other old business.  There was none.


ORDER OF BUSINESS NO. 10 –  New Business:

a)   The clerk was recognized and stated that there will be a IRS tax law seminar reviewing taxable benefits.  This seminar is provided by the IRS and would take place on March 13th @ Def Co EMA.  Trustees are encouraged to attend.  exhibit 10-a noting time location and agenda was provided to the Trustees.

i)      Trustees Ankney and Layne will attend.


b)   The Chair stated that the Township has been notified that SDC “Stock Development Company” LLC is one of the general partners of a single family lease purchase development project to be located at 1550 Ottawa Ave in Defiance,  Ohio.  Trustees have a right to submit written comment to the OHFA. 


i)      There was no further discussion on this project notice.


c)   The County invited Trustees to attend a CDBG 07 grant formula Public hearing on March 8th 10:30 a.m. at the Commissioners chambers.


d)   The Defiance County Health Dept invited the Trustees to their Annual Meeting of the Health District’s Advisory Council.  The meeting will be at 7 p.m. on March 13th, at the upstairs conference room at County East – 1300 East 2nd St – Defiance,

i) All three trustees said they would attend. 

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

i)      There was none. 



12)       NEXT MEETING: 

Date:               Tuesday March 27th,  2007 

            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 February 27th,  2007 


            Motion:             Mr.  Ankney


            Second:           Mr.  Peck



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



The motion passed.


Respectfully Submitted

Timothy J. Houck,  Clerk