Minutes

DEFIANCE TOWNSHIP TRUSTEES

July 25th,  2006 MEETING

 

The Defiance Township Trustees met in regular session at VFW Post 3360 in Defiance Township, Defiance,  Ohio,  on Tuesday July 25th,  2006 at 7:30 p.m.  Following the Pledge of Allegiance the Chair instructed the clerk to 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:   John & Dalla Diemer – 23361 Defiance-Paulding Co Line Rd, Joe Kolb 16492 Cullen Rd,  James Schlegel (zoning inspector) – 220 Pinewood Ave;  Charles & Penny Bakle Jr. – 1204 Wayne St.,  Connie Humphys & W. Tom Wiseman 108 Riverside,  Marilyn Steel – 155107 St Rte 66,   Joel Wiseman – 21369 Hammersmith road,  Connie Duerk 1585 South Clinton St,  Brenda Clingaman 735 Village Lane,  Denise Lange – 1600 S. Clinton St,  Thomas Rosedale – 2951 St Rte 66 s,  Marc Warncke – 513 Holgate Ave., Terry Bodenbender 24196 Bowman Rd,  Rick Stark – 24132 Bowman Rd,  Emily Palmer – 2012 Shawnee Dr, & JoEllen Houck of 8 Deville Drive,  Defiance,  Ohio.  Also present were Cliff Vandemark of the Defiance Co. S.O, & Russell Herman of the Defiance County Prosecutor’s Office.   

 

ORDER OF BUSINESS NO. 1

 

1)   Review and approval of minutes of the previous session.

 

Chairman Layne requested a motion for the approval of minutes from the June 27th,  2006 session.  Mr. Peck was recognized and asked that the minutes be amended:

 

He asked that section 6 – b; subsection iii – 1 be amended from:

“He anticipates that the ditch clean out (Link ditch) will take place next year (2007) and when that takes place the problem will be resolved.”

 

To:

“the best or earliest possibility for this project will be in 2007”.  Noting that 2007 is not a definitive project  year.

 

MOTION:  Dan Peck                                                                                                     

           

SECOND:  Richard Ankney  

 

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

 

The MINUTES were approved as amended for the June 27th,  2006 meeting.

 

ORDER OF BUSINESS NO. 2 -  citizens concerns

 

a)   Mr. Richard Stark 24132 Bowman Rd.  was recognized.  Stark stated he thinks the charges posted to the property tax for property he purchased in 2005 for Twp mowing of high weeds was excessive – ($271.21).  See Twp minutes of June through Aug 05 for details.  Trustees based their order to mow the property on a citizen complaint.  Twp road personnel were ordered to mow this property in summer of 05 and the fiscal officer was instructed to charge for eq use at $75 per hr,  plus labor and supplies.  This amount was to be assessed to the property taxes. 

i)    Stark paid the first half tax (05 tax) in the spring of 06 which included half of the mowing exp.  He said he had recently paid the second half property tax and he seeks relief from the 2nd half portion of the mowing costs.  After discussion and comments on the need to maintain nuisance control the chair recognized the County Prosecutor’s representative Russ Herman ESQ.  Mr.  Herman noted that the Trustees appeared to have properly followed the procedures to attach the cost of work performed to abate a nuisance  to the property tax.  That having been said:

 

Mr.  Peck moved to rescind the 2nd half tax for mowing expense or $135.61; and to issue a reimbursement check to Mr. Stark in the amount of $135.61.

 

Mr.  Ankney seconded.

 

The roll was called and the result was;

 

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

 

The motion carried.  The fiscal officer is to refund Mr.  Stark for the amount of $135.61.  This minute is the documentation necessary to cut this check.

 

b)   Denise Lange of 1600 South Clinton St was then recognized.  Mrs.  Lange wanted to know why her property on Williams Rd was re-zoned in Sept 2005 from agricultural to residential – r-1. 

i)    Trustees noted that the area is mostly residential and it appeared to make sense to make this change. 

ii)   Lange said she has some 42 acres of farm land along this road and wishes the property to be re-zoned for ag use.  She then wants a conditional use permit in order to construct a home on approximately 7 acres of this land.

iii)   Trustees and the Mr. Herman of the prosecutor’s office responded that she would need to file a request for a zoning change with the Twp Zoning Commission. 

(1)  Trustees can not take unilateral action to change zoning.  Mrs. Lange noted her understanding.

 

ORDER OF BUSINESS NO. 3 -  FINANCES – 

 

The following financial reports provided to the Board were reviewed.

a)   The June monthly Reconciliation – noted a reconciliation balance of $428,134.40  as of June 30th,  2006….. balance is minus the outstanding checks. 

i)    The balance was $7,016.89 less than the previous month’s balance.

b)   Receipt & Payment reports

i)    Receipts for July were $10,037.22.  Bills for July totaled $9,805.20. 

c)   The Cash fund summary through July 31st,  2006,  showed an “ending cash balance” of $428,366.42. 

d)   The unencumbered cash balance “cash available” was $307,870.28 which is the balance after encumbrances are subtracted from the cash balance. 

e)   Appropriation Status showed that through July 31st,   21.5% of the years’ appropriations had been expended. All reports will be on file in the Clerks office.

 

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

 

g)   Payroll for June 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)    Trustees reviewed zoning issues as of this session.

i)    The Twp zoning Commission held a hearing on July 10th    -

(1)  exhibit 4-a  was reviewed which was a meeting  notice letter from the clerk to all commission members.

(2)  Tjh reported that the commission voted to recommend to the Trustees the approval of the Poling request.  That request was to re-zone the poling property from its current ag designation to residential – r-1.

(3)  The Jack Poling property is five + or minus acres on Bowman rd  - north side .5 miles west of Williams, adjacent to Fred Mansfield property

(a)  Exhibit 4-a- iii a packet detailing property and application request was reviewed.

 

Mr.  Layne requested  a motion to affirm or deny the zoning commission’s recommendation.   

 

Mr. Ankney moved to affirm

 

Mr.  Peck seconded

 

The clerk was directed to call the roll.

 

The roll was called and the result was;

 

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

 

The motion carried.  The clerk/fiscal officer is to notify Soil & Water to amend the zoning map.

 

 

ii)   The second item on the Commission’s agenda was a request by Jerry Baden to re-zone 13 plus or minus acres on Harding Rd

(1)  Baden’s attorney in consultation with the clerk and the co prosecutor requested that this item be removed from the agenda.  No action was taken.

 

iii)   Trustees were provided with Exhibit 4-a-v which was a copy of the minutes of the July 10th Zoning Commission session

 

iv)  As of this meeting tjh reported that there are no Zoning Commission scheduled hearings

 

b)   The Zoning Bd of Appeals also met on July 10th.

i)    Trustees were provided with Exhibit 4-b which is a copy of minutes

ii)   The appeals Bd approved two items:

(1)  Item one:  Request of Joseph Sisco 1144 Wayne Ave Defiance,  Ohio,  to acquire a “Conditional Use” permit on a parcel of land currently zoned agricultural to allow for the construction of a house.  The parcel is four (4) acres more or less and is located at 15828 Power Dam Road.  Said parcel of land being in the southwest corner of the southwest quarter of Section 17,  – parcel ID B110017001910 in Defiance Township, Defiance County, Ohio.

 

(2)  Item 2: Request of Fred & Kelly Mansfield of 18603 Schubert Road,  Defiance,  Ohio, to acquire a “Conditional Use” permit on a parcel of land currently zoned agricultural to allow for the construction of a house.  The parcel is seventy – seven  (77) acres more or less and is located at 22583 Bowman Road.  Said parcel of land being in the southwest corner of the southeast quarter of Section 10,  – parcel ID B110010000802 in Defiance Township, Defiance County, Ohio.

 

 

c)   Trustees discussed the proposal to set a training sessions for the Twp Zoning Board of Appeals and the Twp Zoning Commission

i)    This training request came from Appeals Bd member Ruth Ann Schofield.  Schofield  contacted Maumee Valley Planning’s Lisa Karcher and suggested a training session be held for Def Twp Zoning Bd of Commission, Appeals, Zoning Inspector & Trustees.

ii)   Mrs. Karcher contacted tjh prior to this meeting and inquired if this was desirable by others.  Tjh noted he would review the suggestion with the Trustees during the July meeting and if desired would contact and schedule such training.

iii)  Mrs.  Karcher proposed to include the prosecutor’s Office & the Engineer as other training partners for this session.

iv)  Trustees instructed the clerk to schedule a training session after August 10th,  2006.

 

d)    July 2006 Monthly report  - Inspector’s Report -  Mr.  Jim Schlegel

i)    Site Review John Hahn Sponseller Rd 30X30 Home Addition - Permit Issued

ii)   Site Review Jeff Mick Hammersmith Rd 30X50 Out Building - Permit Issued

iii)   Site Review Larry Stetter Bowman Rd Up Ground Pool - Permit Issued

iv)  Burning Complaint Watson & Williams advised owner against such activity if it invades upon neighboring
atmosphere.

v)   Site Review Jim Nusbaum St Rt 111 16X18 Home Addition - Permit Issued

vi)  Joe Sisco Power Dam Rd New Home 1958 Sq Ft

vii)  Site Review Fred Mansfield Bowman Rd 3,000 Sq Ft Home - Permit Issued

viii) Site Review John Bok  wants to build a home on Ashwood Rd  has 98 acres w/his Dad Bank wants a split to 1.65 acres foe new home will go to MVP

ix)   Rick Sanford Power Dam Rd wants a split of less than 1 acre to have legal access to his home off Power Dam Rd This has been in family and no problem till a recent buy off of a home revealed this potential problem.  Scheduled to go to MVP this Thursday. Also Auditor wants to know the Trustees decision on this for future reference.  Also he is building a Barn with no permit on 4 acres wants to put horses & goats in it states this is farm animals land is zones R1 I will get a opinion from the Prosecutor

 

x)   Dale Moore Watson Rd His neighbor piled a 4 ft high dirt row beside his home on the neighbors property
while he was on vacation and topped it off w/ turkey manure.  I could find nothing in township rules
prohibiting this.

 

xi)   Denise Lange Williams Rd wants to build a new home on Williams Rd. 7 Acres. Currently Zoned R1 she states this should be AG but there is only 50 ft frontage she stated she will be at tonight's meeting.

 

End report.

 

 

ORDER OF BUSINESS NO. 5  - Equipment

 

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

i)    Employee John Diemer requested that the Trustees approve the purchase of a new or used “box scraper”.

(1)  Trustees said to get two bids. 

(2)  It was estimated the eq would cost between $500 and $800.

(3)  The fiscal officer confirmed the money was available to make this purchase.

 

b)   Tjh then reported on the effort to purchase a replacement copier

i)    Trustees approved the fiscal officer to acquire bids for a new copier during the Jan 31st session. 

ii)   TJH noted he is acquiring bids and once all are in and reviewed he will make a proposal to the Trustees for purchase.

 

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

 

a)   July - Rd review by Trustee Layne.  Mr.  Layne’s report was distributed to Twp road employees and will be on file in the clerk’s office.

i)    Reported noted:   

(1)  Trees to be cut or trimmed along Bowman rd

(2)  A catch basin to be installed on Bowman rd near Schauber property.

(3)  normal berming, patching and weed control

 

b)   a notice from the Defiance Co. commissioners relative to the Hire Rd project –was distributed as  exhibit 6-b

i)    Trustees were requested to attend a meeting on July 27th 11:15 a.m. in the Commissioners Office.

ii)   This project is in Highland Twp but traffic re-routing may impact Def Twp

 

c)   Trustees then heard up-dates on existing road projects

i)    Kiser Rd project in 2007

(1)  Timeframe  as determined by Trustees at the jan 06 session is to do 2nd half (1 mile from Keller to Canal) in 2007

(2)  est cost from Co Engineer  provided at the Jan session was $304,000

(3)  fiscal officer continues to note that even this timeframe may not be fiscally possible

(a)  as of this session there is approximately $120,000 available (comparing fund bal report month to month)

(i)   there was no increase from June report in available funds. 

(b)  regular updates will be provided

 

ii)   Indian Bridge Lane

(1)  Per Trustees directions in the April 06 session

(a)  Issue is flooding caused by lack of drainage

(b) Twp hired Bendele for tree stump removal and re-grading

(c)  Mr.  Peck was concerned with project progress at the June meeting..

(d)  Trustees noted the grading has been completed by Bendele

(i)   The City of Defiance will need to check if there is sufficient frost protection remaining over the sewer and water pipes along this road.

(ii)  If not the Twp will have to pay to dig these service lines deeper to ensure frost protection.

(e)  Trustees instructed tjh to acquire bids for seeding this project.

 

iii)   The chair asked if there were any new road projects?

(1)  There were none at this time.

 

 

ORDER OF BUSINESS NO. 7  -  Twp Insurance Plan

 

a)   In the June session the Trustees voted to approve a “Citizens Complaint” form per the recommendation of the Twp Insurer – the Ohio Plan.

i)    During this session the clerk as directed provided the Trustees with several copies should they be requested by a citizen.

ii)   The clerk noted that the form has been sent to the web master for posting to the web.

 

ORDER OF BUSINESS NO. 8 –  Personnel 

 

a)   The Trustees then reviewed a proposed contract from the Downes Hurst &  Fischel law firm of Columbus Ohio.  The contract is for services to provide legal guidance on personnel matters.  The firm was recommended to the Trustees by the Defiance county Prosecutor’s Office.  The contract was reviewed as exhibit 8-a.   there are two copies – one for the Twp records and one to be returned to Downes Hurst & Fischel.

b)   After review the Trustees signed the contract.

 

c)   Trustee Dan Peck asked for an “executive session”  to discuss personnel & possible litigation relative to Twp employee Mary Ankney.  Mr. Layne seconded the motion and the board with Mr. Ankney abstaining, entered into executive session with Mr.  Russ Herman, ESQ. of the Prosecutor’s office and Stg Cliff Vandemark of the County Sheriff’s Office.  The clerk/fiscal officer was then called into the session by the bd.

 

Returning from sequester Mr. Peck moved to return to open session.  Mr.  Layne seconded.

 

The roll was called and the result was;

 

YEA(s) 2         NAY(s) 0          ABSTAIN  1                  Passed              X                    Failed

 

The motion carried.  Executive session ended.

 

d)   The  Chair recognized Mr. Peck.

i)    Mr.  Peck stated that on the advice of counsel he was making a motion to terminate the “mowing work agreement”  between Mrs. Ankney and the Twp.  This agreement adopted in 2004 provided Mrs. Ankney with a monthly stipends for mowing the Twps’ cemeteries on a year round basis in order for Mrs. Ankney to acquire OPERS retirement time for 12 full months each year instead of the months in which she mowed the cemeteries. ( see work agreement in personnel file)

 

Mr.  Layne seconded and requested the roll be called.

 

The roll was called and the result was;

 

YEA(s) 2         NAY(s) 0          ABSTAIN  1                  Passed              X                    Failed

 

The motion carried. 

 

e)   The Chair again recognized Mr. Peck. 

i)    Mr.  Peck stated that on the advice of counsel he was making a motion to instruct the law firm of Downes, Hurst and Fischel to review past employment records of Mrs. Ankney and determine if the Twp paid in error any OPERS retirement fees on Mrs. Ankney’s behalf and to secure the refund if such existed.

 

Mr.  Layne seconded the motion and requested the roll be called.

 

The roll was called and the result was;

 

YEA(s) 2         NAY(s) 0          ABSTAIN  1                  Passed              X                    Failed

 

The motion carried. 

 

ii)   Mr.  Ankney abstained throughout the discussion as the employee in question is the wife of the Trustee. 

 

 

ORDER OF BUSINESS NO. 9 –  Hand outs:

 

a)   The Monthly (July  06) GrassRoots clippings – exhibit 9-a was distributed.

 

b)   An invitation from Kalida Trucking – to attend their annual customer appreciation day – Aug 10th  was provided as  – exhibit 9-b

 

i)    Trustees Layne and Ankney will attend.

ii)   Tjh will call rsvp’s

 

ORDER OF BUSINESS NO. 10 –  Old Business:

 

a)   Trustees discussed the Sanford Trucking annexation issue.

i)    This item was first discussed in the June session.  Trustees @ that time decided to take no action.

ii)   Co. Commissioner Kime suggested that the Trustees contact the Commissioners relative to this issue.

iii)   During this session Trustees concurred that if the annexation were approved it would create a spot zoning issue.

iv)  The Chair recognized Mr. Peck.  Mr. Peck stated this spot zoning could create another “Indian Bridge Lane” situation and upon reflection he is opposed to the annexation.

 

Mr. Peck moved to oppose the annexation request and send a resolution (#2006-08) of opposition on to the County Commissioners for their consideration.

 

Mr.  Layne seconded the motion and requested the roll be called.

 

The roll was called and the result was;

 

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

 

The motion to reject the annexation request via resolution 2006-08 and send it to the County Commissioners was passed.  The resolution is on file with the July meeting data in the clerk’s office.

 

 

b)   The Chair asked if there was any other old business??

i)    There was none at this time.

 

ORDER OF BUSINESS NO. 11 –  New Business:

 

a)   A Sprint – EMBARQ – notice was reviewed.  This letter requested Trustee permission to cut State Service Rd @ a residence located at 1553 to provide service across State Service rd east of West High St.  see exhibit 11-a.  Trustees noted this was not in Defiance Twp and instructed the clerk to forward the request onto Noble twp.

 

b)   The Chair again asked if there was any other new business??

 

i)    There was no other new business.

 

 

 

ORDER OF BUSINESS NO. 12 – NEXT MEETING:

 

NEXT MEETING:

Date:               Tuesday August 29th,  2006 

            Time:               7:30 p.m.

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

 

Mr.  Layne requested a motion to adjourn this meeting of July 25th,  2006 

 

MOTION:      Mr.  Ankney

           

SECOND:     Mr.  Peck                                                                                                   

 

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

MEETING ADJOURNED

Respectfully Submitted

 

Timothy J. Houck,  Fiscal Officer/Clerk