JANUARY 31st ,  2006 MEETING


The Defiance Township Trustees met in regular session at VFW Post 3360 in Defiance Township, Defiance,  Ohio,  on Tuesday January 31st,  2005 at 7:30 p.m.  Following the Pledge of Allegiance the Chair then 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,  Joe Kolb – 16492 Cullen Rd, Township employees;  James Schlegel (zoning inspector) – 220 Pinewood Ave.  Zoning Board of Appeals members:  Ruth Ann Schofield,  Rodell Belke, & Lynn Keller.  Zoning Commission Chair Roy Perez.  Other(s) present were:  Charles Bakle Jr. – 1204 Washington Ave,  Robert Schofield 15968 Campbell Rd,  James & Mary Ehlinger – 14074 Power Dam Rd,  Tim & Cheryl Rosebrock – 316 Osceola Ave,  John & Bonita Carman – 13824 Harding Rd,  Dale Hess of First Ins and Investments of Defiance,  Bob Kuhn of OTARMA from Worthington, Ohio, Conrad Beck of Beck Insurance of Archbold, 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 17th,  2006 re-organizational session. 


MOTION:  Richard Ankney  


SECOND:  Dan Peck                                                                                                     


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


The MINUTES were approved for the January 17th,  2006 meeting.


ORDER OF BUSINESS NO. 2 -  citizens concerns


a)  The following made comments relative to the Zoning Appeals Board meeting held at 6:30 p.m. just before the Township Trustees session.  All were opposed to the Zoning Board of Appeals decision relative to a requested lot split by Jerry Baden of 21324 Powers Rd on property he owns at 13868 Harding Rd.  See discussion comments under the zoning section of this minute.

i)   James & Mary Ehlinger – 14074 Power Dam Rd

ii)   Tim & Cheryl Rosebrock – 316 Osceola Ave,

iii)  John & Bonita Carman – 13824 Harding Rd




The following financial reports provided to the Board were reviewed.

b)  The December monthly Reconciliation – noted a reconciliation balance of $351,690.80 as of December 31,  2005….. balance is minus the outstanding checks. 

i)   The balance was $8,578.48 less than the previous month’s balance. 

c)  Receipt & Payment reports

i)   Receipts for January were $12,671.18.  Bills for January totaled $27,237.29. 

d)  The Cash fund summary through January 31st,  2006,  showed an “ending cash balance” of $337,124.69. 

e)  The unencumbered cash balance “cash available” was $223,149.15 which is the balance after encumbrances are subtracted from the cash balance. 

f)   Appropriation Status showed that through January 31st, 4% 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 January 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)   Reprinting of Twp Zoning Rules – (Blue Zoning book).  The Twp Zoning rules were amended and adopted Oct 05.  The fiscal officer was directed to acquire bids.  TJh reported:

(1) Acquired bids from:

(a) Hubbards of Def – no bid submitted

(b) Kinkos – $352.71 – fiscal officer recommends this bid

(c) Lawson’s Printing - $379.44 no disc & + print set up charge $26 per hr

(d) Hilltop Printing - $921.50 no disc provided.

(e) Possibly from Miami U – Oxford Ohio – did not get bid as they use students and project would take longer time.


Chairman Layne requested a motion to award Kinkos the project...   


MOTION:       Ankney                                                 


SECOND:      Peck   


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


b)  The Twp Zoning Bd of Appeals met to review a request for a property split just prior to the Twp Trustees session.  The session was held 6:30 p.m.

i)  The requested action was to split parcel B110003001603 owned by Jerry Baden.  This property is located at 13868 Harding Rd.

ii) The chair noted that citizens present were opposed to the lot split proposal. 

iii) Bd of Appeals chair Lynn Keller was recognized by the chair and asked to explain the issue and the Appeals Bd decision.

(1) Mr.  Keller responded:

(a) He stated that the Zoning Bd heard the proposal from the property owner – Jerry Baden.  Baden proposed to take a parcel of 13.7 acres with a house bordering Harding Rd and split the parcel into two lots of approximately 6 and 7.7 acres.  He proposed to retain the existing house and build two new homes one on each parcel.  The southern parcel would have two homes on it.  During the discussion Mr.  Baden agreed to demolish the existing structure.  The proposal required a variance to existing zoning rules as the parcel did not meet the 1:2.5 size ratio.  The width of the parcel (was the drive way) bordering Harding rd was surveyed at 157’ which would require a length of not more than 2.5 times or 393’ more or less.  The actual depth of the parcel was 1200’ more or less.  Mr.  Keller noted that there are numerous parcels throughout the Twp that fail to meet the Zoning criteria relative to width to length ratio.  Mr.  Keller noted that recently the County Planning Commission had approved home construction on parcels of less than the five acre tracts required.  This is relevant as the two lots when split would be slightly less than five acres when set backs are taken into consideration.  The set back issue was relevant as the “Auglaize river bounded the east end of the property.  During discussion in the Zoning meeting it was determined that the homes would be built at least 150’ from the high water bank.  Soil & Water suggested a 200’ set back but noted – per zoning inspector Schlegel that there should be at least a 100’ set back from the high water bank.  The homes would be a total of at least 200’ from the rivers edge. 

(b) Mr.  Keller noted that James & Mary Ehlinger – 14074 Power Dam Rd,  Tim & Cheryl Rosebrock – 316 Osceola Ave &  John & Bonita Carman – 13824 Harding Rd, objected to the proposed split.  The chair recognized the group and asked for them to explain their concerns.

(c) The following concerns were noted:

(i)  The twp has zoning rules and these rules should be followed or else why have the rules.

(ii) The citizens present are unanimous in their opposition

(iii)         The citizens present believe their property will be devalued with the construction, at a minimum esthetically.

(iv)         The proposed construction will cause a negative environmental impact as there is a “bald eagle” nest near this area.  (borders on St Rte 111 to the west) and the Indiana bat which is on the endangered species list is believed present in the wooded area of or near this property.

(v) The proposed construction was alleged to have a possible impact on an unconfirmed “Indian Burial ground”.

(vi)         The proposed construction is alleged to have an impact on two drainage water ways which drains neighbors property.

(vii)         The length of a stoned drive would cause lime dust which would pollute an adjacent neighbors pond which is used for drinking water.

(viii)          That a previous owner of this parcel had applied for a split and that application was denied. (no record could be produced to verify this claim)

(ix)         that the opinions of the neighboring property owners should be of concern

(d) Following the review of the citizens concerns Mr.  Keller was again recognized.  Mr.  Keller stated that the Zoning Bd of Appeals having heard all the issues and by majority vote approved the property owner’s request.  This affirmation is based on best land use, owner property rights and similar existing parcel variance configurations found elsewhere in the County. 


Chairman Layne requested a motion to affirm or object to the Zoning Bd of Appeals decision.

Mr.  Peck moved to affirm.   


MOTION:       Peck                                                 


SECOND:      Ankney   


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


The motion to affirm the action of the Zoning Bd of Appeals was passed.


Mr.  Ehlinger asked if there was a continued appeal option.   He was informed that the courts of the land are always available.  The Clerk was directed to contact the Prosecutor’s Office to get this answer and to relay same to Mr.  Ehlinger. 


c)  A notice from County Recorder – Jane Tadsen – was provided to the Trustees as exhibit 4-c.  This exhibit noted that a new filing fee for zoning amendments was recently implemented.  As of this date new amendments to the zoning rules on file in the Recorder’s office will be charged at the rate of:

i)  First page is $20 each additional page is $8.  A copy of the exhibit is on file in the clerk’s office with the agenda for this month’s meeting.


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

i)   ZONING REPORT – January 2006

(1) The required Annual Report was sent to US Dept. of Commerce
This included New Homes @ $472,900 valuation & Outbuildings @ $331,000 valuation

(2) Mrs. Schofield reported a new structure was erected at 14201 Williams Rd.
Site review revealed this was only a cover over the dog run. Occupant was
advised no permit was needed however if this is ever enclosed a permit
will be required.

(3) Site Review Watson Rd. Paul Miller to John Bentley 27ft

(4) Site Review Power Dam Rd. Land Split Jeff Hunt & Joe Sisco 4 plus acres each. Being under 5 acres This was sent to Maumee Valley Planning Commission.

(5) Site Review SR 111 Boden Property .78 acres Real Estate Agent Possible home construction was advised Twp Regs requires Min 1 acre for R1 construction.

(6) Site Review Kiser Rd for Beth Sigg

(7) Site Review Power Dam Rd for a Boat House
Note: Please change my Twp E-Mail Address to deftwpzone@yahoo.com

ORDER OF BUSINESS NO. 5 --  Equipment;   


a)  Trustees were informed of the status of the effort to dispose of the UAN computer recently replaced by the state.  The old unit was given to the Twp.  In December the Trustees voted to donate this old unit to the Senior Center.  Trustees were provided with exhibit 5-a letter from the fiscal officer to senior center noting donation of the twp system per Trustee decision of 12-27-05.  The Senior Center accepted the unit and had the hard drive wiped as required.  This project is complete.


b)  The chair recognized the fiscal officer.  TJH requested permission to secure bids to purchase a replacement copier noting:


i)   The current copier is a  – Ricoh FT3713 and is very slow and inefficient.

ii)   The cost to maintain is more than the value of the unit

iii)  The Twp needs a unit that will co-late and take multiple feed


Mr.  Peck moved to allow the fiscal officer to acquire bids to replace the current Twp copier.


MOTION:       Peck                                                 


SECOND:      Ankney   


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


The motion to passed. 



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


a)  The January - Rd review was presented by Trustee Layne 

i)   – report noted work needed on:

(1) Bowman rd (catch basins, tree removal & a cross over)

(2) Garman rd (signage)

(3) Cromley rd ( catch basin)

ii)   A copy of the report will be provided to Township rd crew to determine work schedule

iii)  Trustee Ankney will conduct the inspection in February    


b)  Up-date on existing road projects by 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) Crew reported at this session that water back up is due to drainage issue in Link ditch.  This ditch is scheduled to be cleaned by county ditch maintenance, but it is not known when. 


c)  New road projects..

i)   2006  or 2007– Kiser Rd

(1) Co Engineer provided Trustees with project cost estimates at the Co Eng/Twp association winter meeting held 1-26-06

(a) Exhibit 6-c-1-a (in the Jan meeting file) is amount for the full 1 mile @ over $300,000

(b) Exhibit 6-c-1-b (in the Jan meeting file) is for a half mile is est @ $206,000

(i)  the fiscal officer noted that funds do not now exist to do either project

(ii)  Trustees will complete the project began in 2004 when funds are available.  It is anticipated that a 2007 project is possible. 


d)  Trustee Layne noted a need for a “Yield” sign on Power dam rd where the road circles onto itself.  Mr.  Ankney suggested that the Twp purchase three signs so we have some on hand.


Mr.  Ankney moved to purchase three “Yield” signs.


MOTION:       Ankney     


SECOND:  Peck                                                 


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


The motion to approve the purchase of 3 “yield” signs was approved.  The fiscal officer is to place the order.


e)  Co Eng provided Trustees with a cost estimated as requested by the Trustees on a repair to Bowman road in 2006


i)   this information was presented as Exhibit 6 –c-2 and noted a cost estimate of $34,500

ii)   Trustees also discussed the need to blacktop .2 of a mile of Schroeder rd.  the cost estimated was reported by the fiscal office to have been estimated by county engineer’s at $13,000.

iii)  The fiscal officer reported that these projects were fiscally possible but the money comes form the savings currently dedicated towards the Kiser rd project.


Chairman Layne requested a motion to approved the expenditure of funds to repair Bowman rd and blacktop Schroeder rd as discussed.


MOTION:       Ankney     


SECOND:  Peck                                                 


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


The motion to approve was passed and the fiscal officer is to inform the County Engineer.


f)   Trustees reviewed See exhibit 6-d a County Engineer’s report on the permits issued by the County to residents on Twp roads.  This exhibit is on file in the Jan session file in the clerk’s office.


g)  The County Engineer’s provided Trustees with drawings noting the following activities relative to road and bridge work either completed or contemplated by the engineer’s office some of which will take place in Defiance Twp.  This data was provided at the 2006 annual Twp Trustees – Co engineer & elected officials meeting held Jan 26th.  Drawings were copied for each Trustee and distributed by the fiscal officer.

i)   Drawings

(1) 2005-08 planned paving program

(2) sealing history 84 to 2005

(3) road widening proposals

(4) paving history

(5) proposed bridge prog 06-08

(6) road right of way


ORDER OF BUSINESS NO. 7  - Personnel   


a)  elected officials bonds were discussed.  The fiscal officer/clerk noted that he was in the process of acquiring the bonds for newly elected Trustees Peck and Ankney.  Bond forms were provided for signature.  Trustees Ankney and Peck signed and the forms will now be returned to OTARMA


b)  Zoning Inspector Schlegel requested compensation for fuel & phone fees incurred while in performance of his duties – Trustees were provided this request from Mr. Schlegel as exhibit 7-b


i)   after discussion Mr. Peck asked that Schlegel keep expense recorders thru Oct.  The Trustees would look at the issue again at that time.


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

a)  Monthly (January  06) GrassRoots clippings – exhibit 8-a




a)  Twp liability & property insurance coverage for 2006 was reviewed.

i)   Coverage with OTARMA must either be renewed or replaced as the contract with OTARMA ended December 31,  2005.

(1) OTARMA’s  current bid for renewal is $7,086

(2) during the December meeting, Conrad Beck of Beck Insurance of Archbold,  a representative of the Ohio Plan submitted a bid of $5,403

(3) both OTARMA and the OHIO Plan rep have reviewed their bids and were offered opportunity to sell their plans to the Trustees.  Trustees were provided packets noting the coverages and benefits of each plan.  This information will be on file in the fiscal officer’s meeting file.

(a) The OTARMA bid as of this session was $5,453

(b) The Ohio Plan bid as of this session was $5,403


Trustee Layne asked if there was a motion to table this information until the February 21st,  session to allow the Trustees time to review and material provided.


MOTION:     Peck       


SECOND:     Ankney                                             


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


The motion to table to allow for further study was passed.


OTARMA representatives Hess and  Kuhn were asked if the Twp remained covered at this time.  Mr.  Kuhn responded in the affirmative.


b)  The 2006 Ohio twp Association Annual winter meeting conf was discussed.  Trustees planned to attend.  The conference will be held Feb 1, 2 ,3 & 4

i)   The fiscal officer noted that he had prepared packets for the Trustees containing:

(1) a schedule of sessions

(2) Room confirmation for each

(3) &  mapquest  maps to Columbus convention center where the conf will be held.  


c)  A report on the Twp Web – site was provided by the fiscal officer.

i)   tjh noted he is to write a news release stating that this site is activated and maintained regularly

ii)   2005 monthly minutes are posted

iii)  all future zoning agendas and minutes to be posted

iv)  updates to be made periodically


ORDER OF BUSINESS NO. 10 –  New Business:


a)  Twp employee John Diemer requested permission to purchase a gas powered tree trimmer.  This item will be need to trim some of the trees noted in the Trustees road inspection report.

i)   The estimated cost is $530 from a local Def dealer.


Trustee Layne asked if there was a motion to support this proposed purchase.


MOTION:     Peck       


SECOND:     Ankney                                             


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


The motion to approve the purchase of a gas powered tree trimmer was approved. 




Date:            Tuesday February 21,  2006  -

         Time:            7:30 p.m.

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




Chairman   Layne  requested a motion to adjourn the January 31st,  2006, meeting. 


         Motion:          Mr.  Ankney 


         Second:        Mr.  Peck



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




Respectfully Submitted



Timothy J. Houck,  Clerk