June 26th,   2007 MEETING

The Defiance Township Trustees met in regular session at VFW Post 3360 in Defiance Township, Defiance,  Ohio,  on Tuesday June 26th,  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,  James Schlegel (zoning inspector) – 220 Pinewood Ave & Zoning Board of Appeals member - Ruth Ann Schofield -15968 Campbell rd.


Other(s) present were:  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 May 29th,  2007 session. 

MOTION:  Richard Ankney

             SECOND:    Dan Peck                                                                                                      

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

The MINUTES were approved for the May 29th,  2007 meeting.

ORDER OF BUSINESS NO. 2 -  citizens concerns

1)   The chair asked for citizen concerns from the floor.  There were none raised.



The following financial reports provided to the Board were reviewed.

a)   The May monthly Reconciliation – noted a primary checking reconciliation balance of $109,453.58 as of May 31st,  2007….. balance is minus the outstanding checks. 

b)   Receipt & Payment reports

i)      Receipts for June were $11,998.69.  Payments for June (bills & payroll) totaled $32,682.13. 

c)   The Cash fund summary through June 30th,  2007,  showed an “ending cash balance” of $543,891.72. 

d)   The unencumbered cash balance “cash available” was $404,133.56 which is the balance after encumbrances are subtracted from the cash balance. 

e)            Appropriation Status showed that through June 30th,  14% 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 balance of 6-30-07 was $520,766.35.

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

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

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.

i)            Trustees reviewed a notice from the County Treasurer that the Twp will receive an estate tax in the amount of $21,390.86 when probate process is completed.  This was presented as exhibit 3-i

i)      Chairman Layne suggested that this money be set aside for the expenses to replace the crossover title needed on the Defiance Co – Paulding Co line road near the Bowman road Powers rd (correction per Trustees direction in review of these minutes during the July session)  intersection. 

(1)            This project was reviewed earlier this year by the Trustees and it had been decided to wait until next year to do this as projected revenues were needed for the rebuild of the second mile of Kiser road which is scheduled for 2008.

(2)            This anticipated estate tax revenue would cover the Def Co Engineer’s projected cost of the tile replacement.

(3)            The project:

(a)      A tile cross-over of the Defiance - Paulding Co Line road in 2007 located approximately one quarter of a mile south of Powers road.

(b)      The drain tile is a 60” tile.

(c)      Initial cost estimate by the co engineer in Feb 07 was approx $10,000 the new cost est is over $20,000

(i)            Trustees in May 07 had tabled the project but now have the funds and in the June session approved the project for the fall of 07

(ii)            The project is to be done by the Co Engineer.  Mr. Ankney to confirm this with the Co Engineer.

ii)   Mr.  Layne asked for a motion to dedicate the anticipated estate tax towards this project and to approve the project to be constructed by the Co Engineer.

It was moved by:  Richard Ankney 

             Seconded by:     Dan Peck                                                                                                    

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

The motion passed.

ORDER OF BUSINESS NO. 4 Township Zoning 


a)   Exhibit 4-a – was reviewed.  This was a letter to John Marcellus a Twp resident notifying Mr.  Marcellus of his appointment by the Trustees in the May 07 meeting as an alternate to the Twp Zoning Commission.

b)            Monthly report  of the Zoning Inspector -  Mr.  Jim Schlegel

i)      June 2007

(1)            Shinninger complaint Kiser Rd is Done

(2)            Jack Poling Bowman Rd out building permit issued

(3)            Tim Rosebrock Harding & Power Dam Pond permit issued

(4)            Lyndel Carpenter Bowman Rd Pond Permit Issued

(5)            Trash Complaint Carl Wagner Watson Rd - Sent Form 6-19-07

(6)            Dilapidated Structure Lange Property Williams Rd - CP Deb Arreguin  Sent Form 6-26-07

ii)      End of report.


c)            Chairman Layne noted that a Mr. Voirol has begun construction on a project on his Harding Rd property.  Mr.  Layne wondered if a permit had been obtained.

i)    Mr.  Schlegel said he had not issued a permit to Mr. Voirol but would now look into the matter.

ORDER OF BUSINESS NO. 5 --  Equipment;  

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

i)      There were no issues with Twp eq at this session.

b)   Twp employee John Diemer was recognized and said he will be ordering a fuel delivery during July.

c)   The fiscal officer reported to the Trustees on the disposal of the Twp 1969 Galon 503 grader

i)      Exhibit 5-b a public notice announcing the sale was reviewed.  Per Bd direction the Twp has a reserve on the eq of $4,000.  An auction will follow the bid opening which will be in the July meeting.

ii)      There were no comments or questions raised.

d)   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)            Trustee Peck distributed the monthly road inspection report (exhibit 6-a)

i)    Mr. Peck noted that ditch mowing was probably necessary & that there was a need to remove some low hanging limbs or the tree itself along McCallister rd & that the berm reclaimer needs to be run on Kiser rd.

ii)      The report was distributed to the Twp crew and is to be used as a work assignment.

iii)   Mr.  Layne asked if there were any concerns or questions relative to the report. 

(1)            There were none

iv)      The July rd review will be scheduled by the Trustees.


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.


ii)   In the Jan 07 session the Trustees noted that they have instructed the County Engineer to coordinate two road projects in 2007 –  see mins of that session for details.

(1)            Project 1 is - Indian bridge lane chipseal - $4,224.86 previously estimated at $3,240.42; and

(2)            Project 2 is - Hammersmith rd patches - $15,003.06  previously estimated at $10,242.51

(a)      Total project cost for road surface repairs = $19,227.92

(b)      It was noted in the April Twp meeting that the county engineer’s will post a portion of the project costs to a OPWC based County Grant (formerly issue II and LTIP grants) for Def Twp in 07.  All paper work is complete and the Twp awaits the completion of the projects and final billing from the Co engineer’s Office.

(3)            These projects are complete as of this meeting and the Twp awaits billing from the Co engineer’s office.

(4)            These items will be removed from the agenda.


c)   Other possible road projects???

(1)            Trustees noted that Lakeview road in the Lakeview subdivision will need repaired.  Due to budget restraints this project will be designed for a future year.

ORDER OF BUSINESS NO. 7  - Personnel    

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

i)    In June the Prosecutor’s Office asked for all documentation relative to the OPERS retirement certification for Mrs. Ankney.  This was provided and Trustees were referred to exhibit 7-a.

ii)      This issue appears to be closed relative to Twp involvement and will be removed from future agendas.

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

a)   The monthly (June 07) GrassRoots clippings was distributed as exhibit 8-a

b)   An edited Twp personnel directory noting new alternates to the Twp zoning boards was provided to Trustees as exhibit 8-b; and

c)   Notice from the Def. Co. Twp Association of its 3rd qrt meeting –was handed out as  exhibit 8-c

i)    All three Trustees instructed the clerk to place their RSVP for this event.

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 following steps have been completed:

(a)      in Nov 06 Trustees moved to place a “replacement levy” on the Nov 07 ballot.

(b)      During the April 07 session Trustees passed a “resolution declaring it necessary to levy a replacement 2.0 mil tax levy and requesting the county auditor to certify the total current tax valuation & the dollar amount of revenue that would be generated.

(c)      In May the Co Auditor has certified the “Certificate of Estimated Property Tax revenue”.

(d)      During the May Twp meeting the Trustees adopt resolution 2007-10  – “Submitting to the electors of Defiance Township Pursuant to Revised Code Section 5705.19 the question of a replacement 2.0 mill tax levy for the purpose of fire/ems/rescue/ambulance services”.

(e)      The prosecutor’s office provided draft ballot language for the Trustees and the county board of elections & a public notice & an acknowledgement letter from the Bd of elections to be signed by bd employees when delivered to their office.

(i)            exhibit 9-a-4  the elections board acknowledgement (signed) that the Elections Board has all resolutions and material necessary to place the levy on the Nov 07 ballot was provided to the Trustees.

ii)   We await the election.

iii)   Mr.  Layne asked if there were any questions or discussion…

(1)            It was decided that the Trustees will donate from their personal funds … sufficient money to purchase “yard signs” to urge levy support.

b)   Mr.  Peck was asked to report on his efforts to collect data to negotiate with the City of Defiance on a possible contract renewal  or to recommend to the Trustees an alternative service provider.

i)    Mr. Peck stated he now is of the opinion that the current agreement is fair and asked that this issue be removed from the agenda.

ii)      There were no objections to this position by the other Trustees.


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

i)      Clerk reported on this project in the March session.  Soil & Water was to update Trustees later this year.

(1)            The clerk received an email detailing the current status from Soil and Water which was distributed to the Trustees as exhibit 9-c

(a)      Summation:

(i)            The project is progressing slowly.  It is the intent of Soil & Water to hold the hearings and begin the upper section of the clean out later this year.  There is a federal grant that will be sought to pay for the more expensive lower section of the ditch clean out.  That grant should be awarded in 08 so that that lower end can be completed in late 08 and early 09.

(b)      There was no further discussion by the Board.


d)   Twp records – storage/security

i)      Issue 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)      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.

(b)      The crew has estimated  the cost of the project in total done by them, including wiring, heat etc to be under $10,000. 

(c)      Trustees directed the clerk to contact the prosecutor’s office to provide direction relative to a possible need to publicly bid this project.  exhibit 9-d was that request from the clerk asking for such direction..

ii)      There was no further discussion.


e)   Rau property 21880 Parkview Drive in the Power Dam subdivision – right of way abandonment. 

i)    In the May session the Twp Trustees moved to support the property owners request.  Exhibit 9-e of this meeting’s agenda was sent to the County Commissioners.  This e mail was the Twp notice to the Commissioners supporting Mr. Rau’s  request to abandoned the public right of way designated to allow for the construction of a road in the  Power Dam subdivision; this proposed road was never built.

ii)      There was no further discussion.


f)            Disposal of Twp property.

i)      The clerk noted that in the May meeting Mr. Layne asked that the Trustees decide if it is appropriate for the Twp to sell its 1 acre more or less of property which is located on Harding Rd.   Trustees voted to sell this property and the clerk was to contact the prosecutor’s office for procedures.

ii)   In June the clerk informed the Trustees that the Prosecutor wished to discuss the process with them and a meeting was held on June 19th.

iii)      The Chair asked that this issue be tabled for the present time.

It was moved by:  Richard Ankney 

             Seconded by:     Dan Peck                                                                                                    

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

The motion to table passed.


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

i)    Mr.  Peck noted that in the May meeting Mike Simon of 2240 Power Dam Rd,  had inquired if the Trustees would look into collecting the $30 cost per Rescue run now charged to the Twp by the City of Defiance for rescue services to out of Twp residents.

(1)            Mr.  Peck said he spoke with the Prosecutor’s office and that the Twp could charge this back. 

(2)            Trustees agreed that in the past the Twp had tried to collect such charges and found the accounting process to be more costly than the returns generated.

(a)      The Twp will continue to study this possibility.


h)   The chair asked again if there was any other old business.. none was brought forth.


ORDER OF BUSINESS NO. 11 - New Business 


a)   The Chair asked if there was any new business and the clerk provided Exhibit 10-a, a renewal of services proposal from the “Frank Gates” firm.  This company has for years provided the Twp with the service of managing the Bureau of Workers Comp program.  The bill (part of this months bills) is for $375 per annum.  According to the clerk; using this firm allows the Twp to be part of a group which receives a group rating discount.  Gates projects a savings to the Township of $1,837 this year.

i)      The Trustees agreed to continue the use of the “Frank Gates”  firm.


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


12)       NEXT MEETING: 

Date:               Tuesday July 31st,    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 June 26,  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