The Defiance Township Trustees met in regular session at VFW Post 3360 in Defiance Township, Defiance,  Ohio,  on Tuesday January 30th,  2007 at 7:30 p.m.  Following the Pledge of Allegiance the Vice - Chair then called for the roll, answering as present were:  Daniel Peck and Richard Ankney;  also present was Tim Houck, Township Clerk.  Chairman Layne was excused due to medical reasons.  Two of 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 – Township employee,  James Schlegel (zoning inspector) – 220 Pinewood Ave & Zoning Board of Appeals member:  Ruth Ann Schofield -15968 Campbell rd. 


Other(s) present were:  Mary Ankney - 19133 Hammersmith  & JoEllen Houck of 8 Deville Drive,  Defiance,  Ohio.   




Review and approval of minutes of the previous session.


Vice - Chairman Ankney requested a motion for the approval of minutes from the January 16th,  2007 re-organizational session. 


MOTION:  Dan Peck


SECOND:   Richard Ankney                                                                                                       


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)   None




The following financial reports provided to the Board were reviewed.

b)   The December monthly Reconciliation – noted a primary checking reconciliation balance of $6,138.60 as of December 31,  2006….. balance is minus the outstanding checks. 

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

ii)     The money market balance was $470,338.30.

iii)     Total township funds were $476,476.90 

c)   Receipt & Payment reports

i)     Receipts for January were $16,451.06.  Bills for January totaled $33,445.48. 

d)   The Cash fund summary through January 31st,  2007,  showed an “ending cash balance” of $459,482.48. 

e)   The unencumbered cash balance “cash available” was $305,513.56 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 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 January was then reviewed and checks signed by the Trustees.


Vice Chairman Ankney asked for a motion to accept the financial reports.


MOTION:  Dan Peck  


SECOND:   Richard Ankney                                                                                                    


YEA(s) 2         NAY(s) 0                      Passed              X                    Failed


The motion passed.


ORDER OF BUSINESS NO. 4 Township Zoning 


a)            Trustees were informed that a Zoning Board of Appeals Bd session will be scheduled in Feb

i)      Jayme Price of 19626 Cromley Rd has 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.


b)   A Zoning Commission session is also tentatively scheduled in Feb

i)      They will note that the current Zoning Map was improperly adopted and will direct the use of the previous Zoning Map

ii)      Issue was reported by clerk @ the 07 Re-organizational meeting.  See mins of that session for details.


c)   Exhibit 4-c was then reviewed.  This is an e mail request by the Zoning Inspector for the Prosecutor to render an opinion relative to zoning regulations applicable to platted subdivisions with in the twp regarding the 150’ minimum road frontage. 

i)    Mr.  Schlegel noted that he is searching records to determine if the Auglaize Pines subdivision on Power Dam road was properly adopted by the then Trustees.  If a resolution can be found then the regulations allow for lot sizes in a platted subdivision to be of any size approved in that subdivision’s plat.  The subdivision resolution would supersede current zoning lot size requirements.


d)      Monthly report  - Inspector’s Report -  Mr.  Jim Schlegel - January 2007

i)      Chris Fisher Powers Rd Septic Form D

ii)      Research buildable lots in a subdivision. Discussed this with Russell Herman. Augliaze Pines on Power Dam Rd was location in question.  Section 1325 will cover this. Bruce Stanley is interested in a new home on this lot. Contacted S&W for site review.

iii)      Sent in annual U.S. Census Report

iv)      Richard Matney Williams Rd home addition permit issued.

v)      Research Buildable lot. Justice Property Bowman Rd

vi)      Property Split Pro Com Dr. Gerber - Rittenhouse


ORDER OF BUSINESS NO. 5 --  Equipment;   


a)            Comments or concerns from Twp employees on current or proposed new eq. was solicited.

i)      John Diemer noted that the international 7400 has a cylinder leak on snow blade.

ii)      Trustees approved repairs -  Diemer said these would be done after the winter season as the leak is not rendering the unit inoperable.


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


a)   The January - Rd review was to have been presented by Trustee Layne.  Mr. Layne being absent no report was given.


b)   Up-dates on existing road projects were given.

i)      Kiser Rd project (1 full mile from Keller to Canal)

(1)            Trustees approved this project for construction in 2008 during the Jan 07 re-organizational session

(a)      See mins from Jan 06 through Jan 07 for month by month review notes on this project.

(b)      The Co Engineer was verbally informed of the construction timeframe by the fiscal officer.

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


ii)      Indian Bridge Lane

(1)            See agendas of April through Sept 06 for project details

(2)            Project work is complete except for seeding.

(3)            per Trustees directions in the August 06 session the clerk has awarded the seeding bid to Muntz landscaping of Holgate,  Ohio, the bid amount was $1870. 

(4)            Muntz was contacted by clerk at Trustee direction in the Oct session…he is to contact the clerk when seeding is completed

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

(5)            Project remains on the agenda until seeding is completed.


c)   The Trustees have instructed the County Engineer to coordinate two road projects in 2007 – exhibit 6-c was reviewed.  The projects are:

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)            Total both projects = $13,482.93                        . 

d)            Trustees also noted they will seek cost estimates from the Defiance Co Engineer & from Bendele Const - 13775 Wilhelm rd Defiance Twp; for the placement of a 40” drain tile under Bowman rd & the Paulding Co Line road in 2007

i)      Exhibit 6-d-1 & 6-d-2 is an aerial photo of the project areas with design drawing.

e)            Trustees were provided with a report from the  Defiance County Engineer’s Office which noted the permits issued by the engineer’s for road and access work in Defiance Twp during 06.

i)    Co Eng with Trustee’s approval issues property access permits

(1)            Exhibit 6-e notes those permits issued in 2006

f)    The Vice-Chair asked if there were other possible road projects for discussion.

i)      There were none at this time.


ORDER OF BUSINESS NO. 7  - Personnel    


a)            Downes Hurst &  Fischel, a law firm from Columbus, Ohio, continues to work on personnel matters regarding the possible overpayment by the Twp to OPERS for benefits for Twp employee Mary Ankney.

i)      Exhibit 7-a is a letter from OPERS regarding the OPERS decision on Mrs. Ankney’s position with the Twp – (contract employee or Twp employee) which was provided to the Trustees for their records.

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

iii)      The exhibit is on file in the clerk’s office


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

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


b)   Exhibit 8-b was a revised “Township” directory per the 1-16 re-org review.


i)      The revised edition is posted to the twp web page.


c)   Twp Insurance carrier’s quarterly news letter was distributed as – exhibit 8-c


d)   The 2007 Defiance County Twp Directory issued by the Co Engineer’s Office was provided as exhibit 8-d


e)   All exhibits are in the monthly meeting file in the clerk’s office




a)            Renewal of Twp fire levy.

i)    On 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 renewal or to recommend to the Trustees an alternative service provider.

iii)      The fiscal officer is writing the Prosecutor for ballot language and the County Auditor to acquire tax certification amount from a replacement levy.  The Trustees must then vote a resolution to place the levy on the November ballot. 

iv)      This will be submitted to the County Election Board for placement on the ballot prior to the August 07 deadline.

v)      During Trustee discussion the clerk was asked to write a letter to other nearby fire departs to determine if there was an interest from these departments to provide this service.


b)   Twp records – storage/security

i)      This issue was noted in the re-organization session – see mins for details

(1)            As directed by the Trustees at that session the fiscal officer has:

(a)      Rented a locked space from B & B Store & Lock @ 1535 Ottawa Ave – Def for $35 per month

(b)      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)      The trustees moved in the the Jan 16th re-organizational session to adopt procedures for records review and requests

(i)            Exhibit 9-b – 1 which is the contract for storage rental – was signed by the Trustees

(ii)            Exhibit 9-b-2 was the policy adopted by the Trustees during the Jan 16th re-organizational session.

1.      both exhibits are in the meeting file in the clerk’s office

(2)            Mrs. Schofield was recognized and handed out information of the Defiance County Genealogical Society.

(a)      Schofield volunteered several members of this organization to review and organize the Township records.

(b)      Trustees took the proposal under advisement.


c)   Ohio Twp Association Winter conf

i)      Trustees were informed that the conf will be held Jan 31 feb 1 & 2

ii)      trustees Layne and Peck at their request have had their reservations cancelled.

iii)      Trustee Ankney and the fiscal officer will attend.

iv)      Conference is in Columbus ohio at the convention center on high street

v)      Attendees will be reimbursed allowable expenses

(1)            Twp covers exp per resolution  -- meals at $35 per day.

(2)            Mileage reimbursement is .48 cents per mile


d)   Mr. Ankney asked if there was any other old business.  There was none.


ORDER OF BUSINESS NO. 10 –  New Business:

i)    Mr.  Ankney asked if there was any new business to come before the Board?

i)     There was none.


11)       Mr.  Ankney noted that the NEXT MEETING will be: 

Date:               Tuesday February 27th,  2007 

            Time:               7:30 p.m.

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


Mr.  Ankney requests a motion to adjourn this meeting of January 30th,  2007 

            MOTION:  Dan Peck  

                        SECOND:   Richard Ankney                                                                                                 

YEA(s) 2         NAY(s) 0                      Passed              X                    Failed

The motion passed.


Respectfully Submitted


Timothy J. Houck,  Clerk