Minutes

DEFIANCE TOWNSHIP TRUSTEES

June 27th,  2006 MEETING

 

The Defiance Township Trustees met in regular session at VFW Post 3360 in Defiance Township, Defiance,  Ohio,  on Tuesday June 27th,  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; Robert & Ruth Ann Schofield – 15968 Campbell Rd,  Charles & Penny Bakle Jr. – 1204 Wayne St.  Connie Humphys,  W. Tom Wiseman 108 Riverside,  Marilyn Steel – 155107 St Rte 66,  Tim & Ginny Wiseman – 21369 Hammersmith road,  Holly Snyder – 855 Washington Ave., Mary Wiseman – 1016 Grove St,  Connie Duerk 1585 South Clinton St,  Brenda Clingaman 735 Village Lane & JoEllen Houck of 8 Deville Drive,  Defiance,  Ohio.   

 

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 May 23rd,  2006 session. 

 

MOTION:  Richard Ankney  

        

SECOND:  Dan Peck                                                                                                     

 

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

 

The MINUTES were approved for the May 23rd,  2006 meeting.

 

ORDER OF BUSINESS NO. 2 -  citizens concerns

 

1)  There were no issues raised under this section.

 

ORDER OF BUSINESS NO. 3 -  FINANCES – 

 

The following financial reports provided to the Board were reviewed.

a)  The May monthly Reconciliation – noted a reconciliation balance of $435,151.29  as of May 31st,  2006….. balance is minus the outstanding checks. 

i)   The balance was $12,194.38 less than the previous month’s balance.

b)  Receipt & Payment reports

i)   Receipts for June were $20,812.12.  Bills for June totaled $28,123.43. 

c)  The Cash fund summary through June 30th,  2006,  showed an “ending cash balance” of $427,839.98. 

d)  The unencumbered cash balance “cash available” was $310,307.14 which is the balance after encumbrances are subtracted from the cash balance. 

e)  Appropriation Status showed that through June 30th,  20.08% 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)  The clerk informed the Trustees that the Twp zoning Commission had scheduled a public meeting to re-organize.  The session was held May 30th – 7:30 p.m. at the VFW

(1) The session was cancelled as there was no quorum

(2) the chair Roy Perez submitted a resignation letter as chair which was distributed as exhibit 4-a

(a) a copy is on file in the clerk’s office

 

b)  the Zoning commission is to hold a re-zoning hearing at the request of Jerry Baden on 13 more or less acres at 13868 Harding rd –and for Jack Poling – for five + or minus acres on bowman rd  - north side .5 miles west of Williams, adjacent to fred Mansfield property

i)   the request is to re zone from ag to r-1 (residential)

ii)   this meeting was scheduled for June 27th but had to be rescheduled due to an error in the first notification letter

(1) this Letter stated a Jan meeting was to be held instead of a June

(2) TJH contacted the County Prosecutor’s Office and was advised of need to be re-scheduled

(3) The new date is July 10th at 6:30 p.m. for the Zoning Commission hearing

iii)  The recommendation of the Zoning Commission will be presented to the Trustees in their July meeting for final approval or denial.

 

c)  The Zoning Bd of Appeals will also meet on July 10th to review two “conditional use permit” requests

i)   Joe sisco & Fred Mansfield requested “conditional use permits”  for the purpose of building a home on ag zoned land

(1) Sisco at 15828 Power Dam rd

(2) Mansfield at 22583 Bowman rd

ii)   This session was also rescheduled from June 27th for same reason as noted above.

 

d)  Trustees were informed by the clerk that the Zoning Map & Land use Map approved in Oct 05 may be reviewed

i)   The Zoning Bd of Appeals members are discussing the need to review and change the Twp Zoning Map

ii)   Mr. Keller – Chairman of the Appeals Bd - stated that a mistake was made when they first approved the current map

(1) It was his opinion that the group did not intend to approve the areas designated as residential  r-1 (r-1) but instead should have been designated as conditional use areas

iii)  If the Zoning Map is to be amended there must be a request filed with the Zoning Commission.  This request could come from anyone.  The Commission would then recommend whether or not to take action to the Trustees.  If the Trustees agreed then the regular amendment process would be implemented.

(1) Two public hearings and a recommendation to the Trustees for approval or denial.

(2) No official action has been requested as of this session.

 

iv)  Ruth Ann Schofield – 15968 Campbell Rd, Township Appeals Bd member was recognized by the Chair.  Mrs. Ruth Ann Schofield said she believes the Zoning Map should have been “conditional use areas” where it is currently showing r-1 status and that this needs corrected.

(1) Mr.  Schlegel – zoning inspector said it is his interpretation that should those areas be designated as “conditional use” areas the Appeals Bd would not need to conduct a hearing for requests to build a home in those designated areas as the designation would already exist.

(2) Mrs.  Schofield – said she would review this with the Chair, Mr. Keller, and then determine a coarse of action.

 

e)  The clerk informed the Trustees of a request from the Prosecutor’s Office relative to any action it should take regarding the Merriman issue.

i)   Zoning Inspector Schlegel was asked to comment.

ii)   He noted that he has observed that no further construction in recent months

iii)  The Merriman’s have not responded to any of his attempted contacts nor have they responded to letters from the Prosecutor’s Office.

iv)  The next step is for the Prosecutor to take legal action to enforce Twp rules – which require a permit be obtained before construction. 

v)  The Trustees determined to take the issue under advisement.

 

f)   Monthly report (June)  - Twp Zoning Inspector-  Mr.  Jim Schlegel’s report

i)   Site Review Don Retcher SR 66 Ref Split.  Sent to Maumee Valley planning with my approval. This is a
land locked parcel & I advised no family dwelling could be constructed. This parcel will go to his
father in law Dave Kellermeyer as it is adjacent to his property.

 

ii)   Site Review Ken Tenwalde SR 66 Sign no permit. After several contacts sign was removed.

 

iii)  Joe Sisco Conditional Use AG to R1 Power Dam Rd Working with Bridle Homes permits for Sisco home.

 

iv)  Fred Mansfield Conditional Use AG to R1 Bowman Rd

 

v)  Jack Poling  Rezone AG to R1 & Permit issued for ½ acre pond

 

vi)  Site Review Greg Murphy Home Addition Sponseller Rd Permit Issued

 

vii) Site Review Wheeler SR 15 New Home Working with John Duerk Builder Permit Issued

 

viii) Site Review Josh Schlegel Hammersmith Rd Out Building Permit Issued

 

ix)  Also investigated  his complaint of nasty odor and color of drainage ditch in front of his property. I
discussed this with Def Co Health Dept Craig Richards will check into it.

 

x)  Site Review Answered Complaint of Tom McMillen Campbell Rd running a business at his residence. He
advised he will apply for a Cottage Business permit. Paper Work sent.

 

xi)  Site Review Ron Steel SR 66 garage and breeze way Permit Issued

 

xii) Site Review James Wallace McCollister Rd Out Building Permit Issued

 

xiii) 6-15-06 Met with Russell Herman ref Merrimans Bowman.  No Zoning Permit.  I have witnessed  no continued construction in the past few months. He advised that the trustees should decide weather to pursue prosecution or wait out and see if construction continues.

 

xiv)     Fees collected Year to Date  $3,270

 

g)  Mrs. Schofield was recognized and suggested that the Defiance County Planning Commission be contacted and asked to provide a training session for the “Zoning Bds of Defiance Twp”.  She feels that training would help all members as it appears to her that our Zoning Bds are not understanding the rules in our Zoning Book and do not understand their requirements under those Zoning rules.

 

ORDER OF BUSINESS NO. 5  - Equipment

 

a)  Chairman Layne requested any comments or concerns from Twp employees on current or proposed new eq.

i)   John Diemer and Joe Kolb both said

(1) The twp mower tractor – ford 4050 was leaking hydraulic fluid

(2) Mr. Ankney to review and if necessary get p.o. from tjh to fix

 

b)  Purchase of copier –

i)   The clerk noted that he is still working when time permits on acquiring information to review so as to be able to propose the purchase of a new copier.

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

iii)  TJH continues to work on this project.

 

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

 

a)  June - Rd review by Trustee Peck…Mr.  Peck’s report was distributed as exhibit 6-a which was passed out to Twp road employees and will be on file in the clerk’s office.

i)   Reported noted normal berming, patching and weed control

ii)   Mr. Peck also noted that a culvert on Lakeview appeared to be collapsing.  Crew to check and repair as necessary.

iii)  Mr.  Peck stated that the Indian Bridge Lane project seems to be idle.  He questioned if a time frame could be implemented to expedite the work. 

(1) It was determined that the Trustees will meet with both the contractor – (bendele) and Soil and Water at the project site to determine best most expeditious method to complete the project.  Meeting to be soon after this session.  

 

b)  Trustees reviewed status of proposed 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)

 

ii)   Indian Bridge Lane – see comments under Mr. Peck’s report.

(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

 

iii)  Sponseller Rd near the Hahn residence.  Road is covered with storm water after a heavy rain

(1) Twp has determined after meetings with the County commissioners and County ditch maintenance program under Defiance Co Soil and Water that the Link ditch is the cause of this problem and needs cleaned out.

(a) Twp submitted written request to Soil & Water in mar to evaluate clean out priority

(b) Mr. Peck noted that Soil & Water must survey the ditch and this survey is scheduled for this fall.

(i)  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.

(2) Until new activity takes place on this project the subject will be removed from future agendas.

 

c)  The July review will be preformed by Mr. Layne

 

d)  Chairman Layne asked if there were any new road projects?

(1) There were none at this time.

 

ORDER OF BUSINESS NO. 7  -  Twp Insurance Plan

 

a)  The Clerk was recognized and reported that the Twp received notice from the Ohio Plan’s Conrad Beck that the Twp may qualify for a premium reduction if the Twp complies with the Insurer’s advice based on annual safety inspections.

i)   That inspection took place in Mar on the 27th and it was proposed that the Twp do two specific tasks (rep dated May 31- copy on file in clerk’s office & in meeting file)

(1) Keep computer back up tapes in a location away from the clerk’s office– this is being done as the Clerk has back up discs in his Co office

(2) Adopt a “citizen complaint form which was presented as exhibit 7-2

(a) The form if adopted would be available from any Twp official and will be posted to the web

ii)   Mr.  Layne asked for any comments.

(1) Mr. Peck stated he was concerned that posting such a form to the web might draw many frivolous responses.  He noted that citizens are well aware that they can phone any Trustee and get a response to their issue.

(2) It was again noted that this is about an ins premium discount for the Twp.

 

Mr.  Layne requests a motion to adopt the form as submitted.   

 

MOTION:     Mr. Peck                                                   

        

SECOND:    Mr. Ankney                                                    

 

The Vote to adopt was:

 

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

 

The from was adopted.  Copies will be made and distributed to the Trustees and the form will be posted to the

web page.

 

b)  Trustees then reviewed a  notice –distributed as exhibit 7 –b from OTARMA acknowledging our withdrawal from their insurance program.  This document will be on file in the clerk’s office & in this meeting’s file.

 

ORDER OF BUSINESS NO. 8 –  Personnel 

 

a)  The Clerk distributed a letter from employee Mary Ankney’s doctor placing her on leave until August 1st,  2006 – exhibit 8-a will be on file in the clerk’s office

i)   There was no comment.

 

ORDER OF BUSINESS NO. 9 –  Hand outs:

 

a)  The monthly (June  06) GrassRoots clippings – exhibit 9-a was distributed.

 

b)  The clerk reviewed the notice from Defiance County Twp Association – exhibit 9-b – noting that the 2nd qrt session will be July 6th @ American legion in Ney,  Ohio.  The clerk asked if any Trustees would attend?

 

i)   All Trustees stated they would and the clerk will call in the rsvp’s

 

c)  A notice from Defiance County Commissioners – exhibit 9-c – relative to dead deer pick up from Twp roads was read.  The cost to the Twp for this service by the County will be $15 per animal picked up.

i)   Def co enviro services will provide the service

 

ORDER OF BUSINESS NO. 10 –  Old Business:

 

a)  Mr.  Layne asked if there was any old business?

i)   There was none.

 

ORDER OF BUSINESS NO. 11 –  New Business:

 

a)  Mr.  Layne asked if there was any new business?

i)   The Clerk was recognized.  The Trustees were informed of a proposal by “Sanford trucking” of May rd in Defiance Twp to be annexed into the city of Defiance.  Information was provided to the Trustees from Sanford’s attorney Mr. Stan Yoder.

(1) A copy of the petition request

(2) A legal description from Poggeymeyer’s engineering representing Stanford Trucking.

(3) A copy of the Twp plat map noting the location.

ii)  Mr. Peck noted that the company probably wanted city water and sewer services.

iii) Trustees were asked by the clerk if they wished to object as this process was filed under new state laws adopted last year which allow for a fast tract approval.

iv) Trustees decided to take no action at this time.

 

b)  There was no other new business.

 

 

 

ORDER OF BUSINESS NO. 12 – NEXT MEETING:

 

NEXT MEETING:

Date:           Tuesday July 25th,  2006 

         Time:            7:30 p.m.

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

 

MEETING ADJOURNED

 

Mr.  Layne requested a motion to adjourn this meeting of June 27th,  2006 

 

MOTION:       Mr.  Peck

        

SECOND:   Mr.  Ankney                                                                                                     

 

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

MEETING ADJOURNED

Respectfully Submitted

 

Timothy J. Houck,  Fiscal Officer/Clerk

 

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