July 31st,   2007 MEETING

The Defiance Township Trustees met in regular session at VFW Post 3360 in Defiance Township, Defiance,  Ohio,  on Tuesday July 31st,  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,  and James Schlegel (zoning inspector) – 220 Pinewood.


Other(s) present were:  Mary, David, Amanda & Larry Mick 21639 Hammersmith rd, Allie Rosebrock 14289 Krouse Rd, &  JoEllen Houck of 8 Deville Drive,  Defiance,  Ohio. 



Review and approval of minutes of the previous session.

a)            Chairman Layne requested a motion for the approval of minutes from the June 26th,  2007 session.  Mr.  Ankney noted that in section three (finances) subsection i the minutes note a project to replace a 60” culvert under the Defiance Paulding Co Line Rd near Bowman when in fact the culvert is ¼ mile south of Powers.  The correction is to be made to the June minutes before being filed.   Mr.  Ankney then moved to adopt the June minutes as amended.

MOTION:  Richard Ankney

             SECOND:    Dan Peck                                                                                                      

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

The MINUTES were approved with the above noted correction for the June 26th session. 

ORDER OF BUSINESS NO. 2 -  citizens concerns

a)   The chair asked for citizen concerns from the floor.  Mr.  Larry Mick of 21639 Hammersmith was recognized.  Mr. Mick requested that the Trustees chip seal Krouse road south of Hammersmith.  This section of Krouse is now stone.  According to Mick the stone is not holding up for their tenants renting barn space for horses or the occupants of the home in this section of Krosue road.  Mick also noted that there was a cross over replaced a year ago or so which has since wash out.  According to Mr. Mick;  “the road is like a washed board”.

b)   The above noted concern was repeated by Mr.  David Mick.

c)   The Trustees stated that there is not enough funds in the Twp budget to chip seal this road and to rebuild the 2nd mile of Kiser road next year (08).  Trustees determined that they will add stone this year and possibly next year to this section of Krouse road.  This will be done with the guidance of Mr.  Robert Bostleman of the County Engineer’s Office.  Trustees noted they have conferred with the County Engineer and it is determined that the base of Krouse road in this section needs to be built up before a chip seal can be effectively placed.

d)            Trustees also instructed the Twp road crew (John Diemer) to grade this road on a monthly basis. 



The following financial reports provided to the Board were reviewed.

a)   The June monthly Reconciliation – noted a primary checking reconciliation balance of $23,131.39 as of June 30th,  2007….. balance is minus the outstanding checks and Township investment funds. 

b)   Receipt & Payment reports

i)      Receipts for July were $19,216.86.  Payments for July (bills & payroll) totaled $8,736.18. 

c)   The Cash fund summary through July 31st,  2007,  showed an “ending cash balance” of $556,572.69. 

d)   The unencumbered cash balance “cash available” was $419,684.36 which is the balance after encumbrances are subtracted from the cash balance. 

e)            Appropriation Status showed that through July 31st,  15.5% 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.

f)    The fund status report showed:

ii)      The money market investment fund balance as of 7-31-07 was $522,960.62.

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

h)   Payroll for July was then reviewed and checks signed by the Trustees.

i)            Trustees then reviewed a notice from the County Treasurer that the Twp will receive an estate tax in the amount of 80% of $60,000 when the probate process is completed.  This was presented as exhibit 3-i. 

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)           Trustees reviewed a notice from Defiance Co Health District presented as exhibit 4-a

i)      The exhibit noted that the Ohio Manufactured Homes Commission regulations require inspections of manufactured homes by state licensed inspectors.

(1)  A copy of this exhibit was provided to the Zoning Inspector

(2)  Mr.  Schlegel – Township Zoning inspector, questioned if double-wides were considered a “manufactured home.  Trustees did not provide an opinion.  Trustees instructed that the prosecutor’s office or the Health Dept be contacted for input.

(3)  Mr.  Schlegel said he would contact the Health Dept. 

(4)  The clerk is to contact the Prosecutor’s office for guidance as to how this rule affects zoning activities and permits that are issued by the Township Zoning inspector.

(5)  Mr.  Schlegel asked that the clerk also seek guidance on the question:  “Are windmills a public utility similar to telecommunication towers which are not under the Township’s zoning/permit authority?”

b)           Trustees then reviewed a permit issue from the June 07 meeting – “Have proper permits been issued for construction under way by a Mr. Voirol residing on Harding Road?

i)    Mr.  Schlegel is working on this issue.

c)   Mr.  Schlegel then asked the Trustees for direction:  “Is he to charge the standard permit fee for pond construction to the US 24 construction contractors?” 

i)      Schlegel noted that both the City of Defiance & the County Commissioners have waived the construction permit fees for this project.

ii)      Trustees took the position that if they charge the resident’s of the Township fees for such construction then the State and its contractors should also pay the permit construction fees. 

iii)      The Trustees instructed Mr.  Schlegel to collect the fees as applicable though the zoning rules of the Township.

d)   The July monthly report was presented by Inspector Jim Schlegel

i)      Sanchez Bowman Rd 24X24 Garage Permit Issued

ii)   Site review Lehman SR 66  Basement & Addition sent to S&W

iii)   Site Review for pond Krouse Rd now owner changed his mind- no pond

iv)  Site review Power Dam Rd ref new structure owner advised just a new roof being built.

v)      Multiple citizen complaints of dilapidated Barn Allen Lange Property Williams Rd

vi)      Two Junk Complaints pending

vii)  Site review Privacy Fence Pending

viii) Site Review Honeck Farm Access Canal & Ball Rd Contacted Commissioners They will Handle . I was advised this is State property not County Property

ix)      Local Resident wants to put up Wind Turbines Nothing in Zoning Book ref this. ---------Discussion (see item a-5 above)

x)      Contacted Russ Herman ref borrow pit for SR 24 Project. He advised County is not charging permit fees     but this would be up to Trustees for Def Twp. Request trustees input. ---------Discussion (see item c above)

xi)      Was contacted ref Carter Lumber What is it zoned?  Zoning Map says City --Auditor says Township.  …..Discussion  (zoning  was thought to be in error .. clerk to contact appropriate authority to determine corrections.

xii)      Garden shop next to Carter Map also says City


ORDER OF BUSINESS NO. 5 --  Equipment;  

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

i)      John Diemer was recognized and asked for permission to purchase a sprayer which would be pulled by the Township mower to spray weeds in cemeteries.

Chairman Layne asked for a motion to approve the purchase. 

MOTION:  Richard Ankney 

             SECOND:     Dan Peck                                                                                                    

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

The motion passed.


b)            Trustees then reviewed the effort to dispose through Public bid the “Twp’s 1969 Galon 503 grader”.

i)      The clerk reported that a public notice was run and bids were to be in the clerk’s possession prior to the meeting.  There were no bids received.

ii)      The Trustees then discussed what the Township options were to get rid of this piece of equipment.  After some discussion Mr.  Diemer suggested that the Twp keep the eq. as he is now directed to work the stone on Krouse road on a monthly basis and using a grader is better then using the snow plow.

(1)            There were no objections from the Trustees.  The Township will keep the grader for the time being.

c)   The chair asked if there were any other equipment issues to be discussed.  There were none.

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 Trustees Layne & Peck was reviewed.

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

ii)      The August - Rd review will be made by the Board.    


b)   Up-date on existing road projects

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)            This item will remain on the agenda until completed

(3)            There was no further discussion.


c)   It was noted that during the June session Trustees were to contact the Co Engineer’s office to have a 60” cross over drain tile replaced on the Defiance Paulding County Line road approximately ¼ mile south of Powers Road.  Estimated cost is $20,000.  This money is to come from an estate tax when the estate is through probate -- see information in June 07 minutes for details.

i)      Trustees have this project scheduled for early fall 07 and the Twp awaits engineer work on the project.

(1)            There was no further discussion.


d)   The Trustees were informed that the 2nd mile of kiser rd was recently damaged by heavy trucks.  These trucks were hauling material to the US 24 construction project near Ashwood and Kiser.  The trucks were driving on Kiser which is not a designated haul road for this project.

i)      Trustees notified Commissioners.  The Co Commissioners contact the contractor E.S. Wagner

ii)      Trustees instructed fiscal officer to take pics of damaged road and these were reviewed as exhibit 6-d.

iii)      The clerk also provided a copy of an e mail to Wagner in which the pics were attached.

(1)            E.S. Wagner company responsed that the trucks responsible for the damage were subcontracted by Stoneco and therefore Stoneco was at fault.

iv)      Trustees determined they would meet with Stoneco representatives on 8-1-07 to attempt to get a resolution to this matter.

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

(1)            There was no further discussion.

ORDER OF BUSINESS NO. 7  - Personnel    

a)   The Chair asked if there were any issues to be discussed?

(1)            There was no further discussion.

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

a)   The Monthly (July 07) GrassRoots clippings was distributed as exhibit 8-a

b)   Notice from Kalida Truck eq – that the company will host its 7th Annual Customer Appreciation Day – was distributed as  exhibit 8-b

i)         The date will be August 8th & festivities start at 10 am

ORDER OF BUSINESS NO. 9 - Old Business 


a)            Renewal of Twp fire levy.

i)      The clerk reported on the status of this issue;

(1)            The issue will be on the Nov 07 ballot.  See meeting minutes from Nov 06 to present for details.

ii)      The chair asked if there was any new discussion?

(1)            There was no further discussion.


b)            Sponseller Rd flooding – BeeTree ditch clean out-rebuild

i)      The Trustees were informed to check the minutes of past meetings from March 07 to present for details.

ii)      Upper section to be addressed by Def. Co. Soil & Water in the fall of 07.

iii)      The lower section to be addressed with a grant applied for by Soil & Water and anticipated in 08.

(1)            There was no further discussion.


c)   Twp records – storage/security

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

(1)            Twp records are under lock & key at B & B Store & Lock @ 1535 Ottawa Ave – Def for $35 per month

(a)      Trustees have considered using the Twp crew to construct a secured room at the twp maintenance building on Hammersmith rd – or to add on a room to the Maintenance building.

(b)      In the June 07 meeting the clerk was directed to contact the prosecutor’s office to acquire proper procedure.  exhibit 9-d a letter from the prosecutor’s office noting their position on improvements to public buildings that are designated for use by the public was distributed.

(c)      The Trustees are taking this information under advisement and for now will keep the records at B & B Store & Lock.


d)   The Chair asked if there was any other old business to be reviewed.

i)      none was brought forth.


ORDER OF BUSINESS NO. 10 - New Business 


a)            Trustees reviewed exhibit 10-a which was a notice from the Ohio Department of Health noting legal requirements for signage for public and private buildings in the State of Ohio relative to the “prohibition of smoking”.

i)      Trustees were advised by the clerk to see Ohio Revised Code (ORC) 3794.06 and 3701-52 of the Ohio Administrative Code (OAC)

ii)      The Chair asked for discussion.

iii)      The Clerk was directed to purchase the proper signs and have them placed at the Twp Maintenance building on Hammersmith road. 


The chair asked if there was any other business to come before the Board.    There was none.


12)       NEXT MEETING: 

Date:               Tuesday August 28th,  2007 

            Time:               7:30 p.m.

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


Mr.  Layne requested a motion to adjourn this meeting of July 31st,  2007 


It was moved by:  Mr. Ankney 


                        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