January 29th,  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 January 29th,  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 Clerk.  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, and James Schlegel (zoning inspector) – 220 Pinewood.


Other(s) present were:  Ruth Ann Schofield 15968 Campbell road, Larry & Mary Mick 21639 Hammersmith Rd,  Patty Diemer 233361 Def. Paulding Co. Line Rd,  Scott &Cheryl Russell 20272 Hammersmith Rd,  Carl & Augusta Wagner 24815 Watson Rd,  Robert Layne 13373 Harding Rd, 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 15th,  re-organization session. 


MOTION:  Charles Bakle

             SECOND:    Dan Peck                                                                                                        

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

The MINUTES for the January 15th,  re-organization session were approved.   

ORDER OF BUSINESS NO. 2 -  citizens concerns

a)   The chair asked for citizen concerns from the floor. 

i)      Larry Mick was recognized.  Mr. Mick had several concerns.  He stated that:

(1)            Hammersmith rd pot holes between St Rte 111 and Singer rd were large and dangerous.  Cars west bound must slow down or be jerked left of center when they hit the holes.

(a)      Cheryl Russell also confirmed this issue.

(i)            Chairman Ankney said he would contact the contractors working on the US 24 project.  The road damage is from the trucks hauling to that project.  Hammersmith rd is designated a haul road for the US24 project.  The contractors are to maintain road use and will eventually repair Hammersmith.

(ii)            Both Russell and Mick said something must be done now.

(iii)            Trustee Peck suggested that the Twp do a temporary fix and bill ODOT or the contractors for the costs.

(iv)            Trustee Bakle said that the ODOT project supervisor is Charles Schroeder.  Bakle said he would be seeing Schroeder soon and would seek ODOT to do temporary repairs as needed for Hammersmith. 

(v)            Trustees agreed to have the Twp crew shave off road ruts and fill in the pot holes as best as possible until ODOT can address a more suitable temporary repair.

(2)            Mr.  Mick then said the problems with Krouse road south of Hammersmith have not been adequately addressed.  He noted he came to the Trustees with this concern last fall and that the Township did add some stone and grade it out – not enough stone was added and the road remains below the land surface and when it rains the road washes out.  At present it is very bumpy and when it thraws it’s a mucky mess.  Mick said he also complained to the County Commissioners.

(a)      The fiscal officer noted that the Commissioners have sent a letter to the Trustees asking that the Trustees address this issue and to repair Cromley road which is rough and in need of stone according to the Commissioners.

(b)      Trustees responded:

(i)            As of this session the harsh winter conditions prohibit placement of additional stone on Krouse.  Putting stone on Krouse would be a waste as the stone would be almost immediately plowed off during snow removal efforts.

(ii)            The Twp will re-grade when conditions permits

(iii)            The Twp will contact the Defiance ODOT garage and attempt to get grindings from ODOT projects to build up the base of Krouse.

(iv)            The Twp will add more stone when weather permits.

(3)            Mr.  Mick then stated that again on Hammersmith rd near the Russells property (20272) the berm was almost none existent and was eroding into the ditch.  This issue is on the south side of Hammersmith.    Mrs.  Cheryl Russell again confirmed this issue.

(a)      Trustees stated:  “They will contact Defiance County Soil and Water.  Soil & Water had previously done ditch work in this area.   Between Soil & Water and the Township something will be done to fix the problem.”



The following financial reports provided to the Board were reviewed.

a)   The December monthly Reconciliation – noted a primary checking reconciliation balance of $176,119.48 as of December 31st,  2007….. balance is minus the outstanding checks and Township investment funds. 

b)   Receipt & Payment reports

i)      Receipts for January 2008 were $13,595.81.  Payments for January (bills & payroll) totaled $34,537.99.   

c)   The Cash fund summary through January 29th,  2008,  showed an “ending cash balance” of  $691,387.26. 

d)   The unencumbered cash balance “cash available” was $535,725.62 which is the balance after encumbrances are subtracted from the cash balance. 

e)            Appropriation Status showed that through January 29th,  3.3% 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 01-29-08 was $536,209.96.

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

h)   payroll for January was then reviewed and checks signed by the Trustees.

i)    The fiscal officer stated that exhibit 3-i was a notice from the County Treasurer that the Township would be the recipient of a future estate tax.  The township would receive 80% of $13,785.57.

Mr.  Ankney requested a motion to accept the January financial reports.    


MOTION:  Charles Bakle

            SECOND:    Daniel Peck                                                                                                        

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

The January 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 “conditional Use” permit made by Ciccotelli Design Ltd,  1036 Schultz Street,  Defiance,  Ohio,  43512  to use an existing agricultural zoned parcel of 5 acres more or less for the construction of a Church.  The parcel is located on the south side of Watson Rd,  approximately .1 miles west of State Route 15.  The parcel is part of the N.E. Quarter of section 12 in Defiance Township, Defiance County, Ohio.  The parcel ID is  B110012000104.

ii)      The Appeals Bd approved the request.

iii)      There was no further discussion by the Trustees.


b)            Trustees then reviewed exhibit 4-b from the County Recorder.  This exhibit noted that the fees her office will charge to Twps for filing zoning amendments to Zoning Plans on file in her office will be $20 per amendment.  The cost for filing a complete twp zoning book is $100.


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

i)      Trash Complaint ½ mile East of SR 66 in a woods owned by Easton Meade Watson Rd. Mr. Meade acknowledged ownership and is in the process of cleaning up the junk pile.

ii)      Land split approved for a parcel on SR 111

iii)   Site Review for construction of a church on Watson Rd.  Land Split approved. Application submitted for Conditional Use Permit.

iv)  Site Review for new home on Bowman Rd. Sent Zoning Application.

v)      Working with an Engineer in Archbold ref  constructing an addition to Clear Channel Radio Station on Radio Dr. Site review revealed that to construct as planned would require a variance due to existing building setback lacking required 40ft. Report was sent.

vi)      Trustees were advised Zoning Map needs better definition of  Twp Zoning in Baltimore Rd area ref Procom Dr & Radio Dr. A more exploited view was requested.


d)           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 the grader needed a new water pump.

ii)   Mr.  Ankney then said that the Township has paid over $600 to have the 2004 International dump truck towed this season due to truck getting hung up when plowing.  This was due to the truck being two big for Twp roads and the belly plow shearing off the crowns.  To avoid shearing the driver would move the truck onto the soft berms and the right side of the belly plow would catch the crest of the ditch and jerk the truck to the right and off the road.

iii)   Mr.  Ankney said that to avoid such issues he moves to take the truck to Kalida Truck and have the belly plow removed.

(1)            Mr.  Peck seconded the motion and the chair called for a vote:

(a)      Mr. Peck            yea

(b)      Mr. Bakle             nea

(c)      Mr. Ankney            yea

(2)            The voting being two yea’s and one nea the motion to have the belly plow removed was approved.


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 Ankney was reviewed.

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

ii)   Mr. Peck was recognized and noted that the road sign for ProCom drive was not yet in place.  Mr.  Peck said he had again been contacted by Becky Saner of the license bureau on Pro-Com Drive. 

iii)      This issue was discussed in the re-organization session.   

(1)            Trustees had been in contact with the County Engineer who has indicated that they (the County Engineer’s Office) are responsible for the signage.  The sign is to be placed soon.

iv)      The February  - Rd review will be made by Mr. Bakle


b)            Trustees then reviewed exhibit 6-b, a letter from the Co Commissioners noting complaints they have received relative to the condition of Twp rds (Cromley & krouse between Hammersmith & Cromley).

i)      Comments relative to this letter are noted under section 2 “citizens concerns”.


c)   The chair then addressed the up-date on existing road projects noting:  – there are presently two 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 Chair asked if there was any further discussion?  There was none. 

(7)   This item will remain on the agenda until completed


ii)   the Chair noted that the other major 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 to do a site review and to discuss the aerial with proposed cross-overs which was distributed at the re-organization session. 

(4)            The Trustees agreed to propose to meet the county engineer on site the first Saturday of March.  The chair will convey this requested meeting time and date to the County Engineer.

(5)            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.

(6)            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)      Cost of tile

(c)      Purchase of right of way

(7)            There was no further discussion on this project.


d)   The Chair then addressed exhibits 6-d i and 6-d ii.  These items were from the County Engineer.  These exhibits are a listing of Twp roads.

i)    6-d – i is a list of Twp road only

ii)   6-d-ii is a list of both Co and Twp roads in Defiance Twp

iii)   the chair noted that Twp roads are missing from both lists.  He will address this with the Co Engineer’s Office.


e)   The Chair called for discussion of other possible road projects?

i)      Trustees noted a need to replace cross-overs on the Paulding co line road.  This project was discussed last year.  The cost may be prohibitive given the expenses for the above noted projects in 2008.

ii)   Mr.  Bakle suggested that Indian Bridge Lane needs to be addressed.  He believes the road should be chipped sealed or that it should have additional asphalt placed.  He said residents Perez and Smith have complained to him.  He is suggesting an 09 project and the possible use of CDBG funds.

(1)            There was no additional comments made to this proposal.


iii)      there were no other projects discussed.


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 (January 08) GrassRoots clippings – exhibit 8-a

b)   A notice from Maumee Valley R, C & D – exhibit 8-b of an annual work shop for elected officials on Feb 12,  2008.

i)      Trustees wishing to attend were advised by the fiscal office to fill out the attached form.

c)   The 2008 Twp Directory – exhibit 8-c

d)   A political campaign letter from Morris Murray – running for Co Prosecutor in Nov 08 –exhibit 8-d.

ORDER OF BUSINESS NO. 9 - Old Business


a)   The Trustees discussed the status of the proposed expansion of the Ayersville Water and Sewer District by annexation of territory via Ayersville Water and Sewer board action.

i)      Trustees in the Jan re-organization session instructed the Fiscal Officer to write a letter of objection to this expansion by fiat.  exhibit 9-a – (that letter) was attached to this meeting’s agenda.  This letter was signed by the Trustees on Jan 18 and submitted to the Common Pleas Court which is hearing the case relative to objections filed by citizens.  The letter was also copied to the Highland Twp Trustee (Richard Hoshock).

ii)   Mr.  Peck noted that most of the letters relative to this case both pro and con may not be reviewed by the court.  Mr. Peck said he will be representing the Trustees at the Court hearing on the 30th of Jan.

iii)      There was no further discussion on this issue.


b)   The Fiscal officer reminded Trustees that the Ohio Township Association’s 2008 Winter conference is scheduled for January 30th through Feb. 2nd.


i)      Travel packets were distributed at the re-organization session.

(1)            Trustees have hotel rooms reserved at the Hyatt

(2)            Trustees pay all expenses other then registration.  Trustees will be reimbursed for those expenses which are allowed per the Twp’s travel policy.

(3)            Twp covers exp for the Trustee only – and per Twp resolution, meals are covered up to $36 per day.  It was also noted by the fiscal officer that a complete computer generated itemized bill per meal is required. (per state auditors)

(4)            Mileage reimbursement is .505 cents per mile

ii)      Again there was no further discussion.


c)            Chairman Ankney asked if there was any other old business?

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.

b)   There was none.

c)   The Chair then thanked Mr.  Robert Layne (former Trustee) who had made and donated the flag stand and flags (American and MIA-POW)  to be displayed at the Twp Trustee meetings being held in the new meeting room in the County Commissioners building.

d)            Trustee Bakle then thanked all the citizens who were present for being involved.





Date:                Tuesday  February 26th,  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 January 29th,  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