March 25th,  2008 MEETING


The Defiance Township Trustees met in regular session at the Defiance County Commissioners building – 2nd Floor conference room,  500 Court Street,  in Defiance Township, Defiance,  Ohio,  on Tuesday March 25th,  2008 at 7:30 p.m.  Following the Pledge of Allegiance the Chair instructed the clerk to call the roll, answering as present were:   Daniel Peck, Charles A. Bakle Jr. and Richard Ankney;  also present was Tim Houck, Township Fiscal Officer.  All three (3) members of the BOARD OF TRUSTEES having answered the roll, a quorum was present.


Township employees present:   John Diemer – 23361 Defiance-Paulding Co Line Rd, Joe Kolb 16492 Cullen Rd. and James Schlegel (zoning inspector) – 220 Pinewood.


Other(s) present were:  Ruth Ann Schofield 15968 Campbell road, and JoEllen Houck of 8 Deville Drive, Defiance,  Ohio. 



Review and approval of minutes of the previous session.

a)            Chairman Ankney requested a motion for the approval of minutes from the February 26th regular session. 


MOTION:  Charles Bakle

             SECOND:  Dan Peck                                                                                                          

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

The MINUTE’S for the February 26th session was approved.   

ORDER OF BUSINESS NO. 2 -  citizens concerns

a)   The chair asked for citizen concerns from the floor. 

i)      There were none.



The following financial reports provided to the Board were reviewed.

a)   The February monthly Reconciliation – noted a primary checking reconciliation balance of $164,704.57 as of February 29th,  2008….. balance is minus the outstanding checks and Township investment funds. 

b)   Receipt & Payment reports

i)      Receipts for March 2008 were $122,027.34.  Payments for March (bills & payroll) totaled $21,622.07.  

c)   The Cash fund summary through March 31st,  2008,  showed an “ending cash balance” of  $804,664.25. 

d)   The unencumbered cash balance “cash available” was $669,096.68 which is the balance after encumbrances are subtracted from the cash balance. 

e)            Appropriation Status showed that through March 31st,  2008,  6.6% 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.  All reports will be on file in the Fiscal Officer’s office.

f)    The fund status report showed:

i)      The money market investment fund balance as of 03-31-08 was $709,541.00

g)            Trustees were informed with exhibit 3-g of a notice from the County Treasurer of an estate tax to be distributed to Defiance Twp later this year.  The Twp will receive 80% of the $5,574.76 estate.

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

i)    payroll for March was then reviewed and checks signed by the Trustees.

Mr.  Ankney requested a motion to accept the February financial reports.   


MOTION:  Charles Bakle

            SECOND:    Daniel Peck                                                                                                        

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

The March financial reports were approved.


ORDER OF BUSINESS NO. 4 – Zoning - Status update on the following zoning Issues as of this session:  


a)   The Chair asked for the Monthly Zoning report - Inspector’s Report -  Mr.  Jim Schlegel

i)    March 2008

(1)            Trash Complaint Indian Bridge Lane. Owner complied and cleaned up.

(2)            Gerber Sign Baltimore Rd has not complied with sign rules of the Twp.  There have been complaints from the License Burear about the sign restricting view of cars entering onto St Rte 424 from Pro com drive --paperwork is ready for prosecutor’s office. Need trustee’s approval??

(a)      Trustees asked for more information.

(b)      Mr.  Schlegel stated:

(i)            Mr. Gerber runs an Ice Cream store “Eric’s Ice Cream”.  He has a sign noting the store and store specials.

(ii)            This is was an issue last year.  Mr.  Gerber eventually moved his sign. 

(iii)            Over this winter the sign blew down and Mr. Gerber when putting it back up placed the sign on the edge of the right of way.  The sign again blocks the view of cars leaving Pro-com drive and entering onto US 424-Baltimore Ave. 

(iv)            There are also banners placed at the Ice Cream shop which restricts view.

(v)            Trustees approved the Zoning Inspector to address this concern with the Prosecutor’s Office.

(3)            Site Review for home addition SR 66

(4)            Site Review for a out building Karnes Rd Site

(5)            Review Ref moving a house from Indian Bridge Lane to Kiser Rd.   Is permit required under new construction??

(a)      Trustees concurred that the placement of this home on the Kiser Rd property is new construction on that property and therefore a permit is required.


b)           Chairman Ankney asked if there are any other zoning issues to come before the Board?  There were none.


ORDER OF BUSINESS NO. 5 --  Equipment;  

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

i)      Township employee John Diemer was recognized and stated that he will need to have a water pump replaced on the Twp road grader.  This will be done in April, and:

(1)            Twp trucks will be washed to clean these up from the winter salting work, also during April.

ii)   Mr.  Peck asked about the removal of the belly plow from the 2004 International?

(1)            Mr.  Diemer said he believes, as stated in the Feb session,  that the 2004 international should be maintained as is and not to have the belly plow removed as he had previously requested.  He has revised the roads to which the International is assigned and has found the belly plow useful on the wider width roads.  Mr. Kolb uses the F350 on the small width roads.  This causes additional driving but the ice is removed easier on the wider roads with the belly plow.

b)   There was no further equipment discussion.


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 Trustee Peck was reviewed.

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

ii)   Mr. Peck noted the issues were mostly that stone needed to be added to many of the Twp roads.  Further, he listed several needs for catch basin repairs. 


b)   The March  - Rd review will be made by Mr.  Ankney.


c)            Projects –

i)    Mr. Bakle was recognized and asked when the Twp crew was going to check the cemeteries for needed repairs from the winter.

(1)            Mr.  Diemer said this would be done in May.

(2)            Mr.  Peck noted that the weather is now not conducive to lawn care.  The Twp crews should wait for the ground to dry out.

ii)      Trustees then reviewed the up-dates on existing road projects – there are presently two (major) planned projects for 08:

(1)            Kiser Rd project (1 full mile from Keller to Canal) – to be done in 2008.

(a)      See minutes forward from the Jan 07 session for project details.

(b)      From the Oct 07 session as directed--the Co Engineer’s Office is negotiating to acquire right of way as needed for this project.

(c)      Construction is still anticipated to take place in 08.

(d)      The fiscal officer was recognized:

(i)            TJH stated that he had spoken with the Eng’s office about this project to determine need to encumber the funds.  TJH was told:

1.      the project should be ready for bid within the next six weeks (approximately the end of May).

2.      the engineer’s estimate is not yet completed.   At this time anticipated expense is to be between $340,000 and $380,000

3.      The project costs as currently budgeted included the use of some $40,000 in general fund monies.  As noted in the Feb 08 session it was learned at the 08 Twp State Association meeting that Twp can not use general funds for road projects. 

4.      we await the bid.

5.      the above noted estimate is based on the highest engineer’s estimate which was made in 07;  the bid may be less than anticipated.  The Township may need to make adjustments to this or other projects once the bids are in.

(e)      There was no further discussion on this issue.

(f)      This item will remain on future agendas until completed


(2)            the other project is the drainage project for “Sponseller Rd -  drainage will be to Bee-Tree ditch.  This item has been on Twp agenda’s from March 07.  see past agendas for history.

(a)      Bee-Tree ditch is being cleaned this year by Soil & Water

(b)      Once that project is complete the Twp agreed to address the drainage issues on Sponseller

(c)      Trustees were  to meet with the County Engineer on the first Saturday in March 08 to do a site review – however inclement weather and snow cover prevented this review.  A new date is to be set. 

(i)            Trustees conferred and selected April 12th – 8:30 a.m. on site

(ii)            Trustee Ankney will coordinate this meeting.

1.      Site review will discuss the aerial with proposed cross-overs which was distributed at the re-organizational session. 

(d)      The Twp will be assessed for the Bee-tree ditch project _ estimated at several hundred dollars per year by soil and water for the work and future maintenance.

(e)      Trustees were provided with exhibit 6-d-4 from Soil & water dated March 08 “Notice of Estimated Assessment”.  The total annual assessment is estimated at between $300 and $350.

(f)      This is no estimate for the cost of the Sponseller drainage project as of this session.  The fiscal officer has tentatively set aside $50,000 (from road accounts).  this includes

(i)            Cost of work by Co engineer

(ii)            Purchase of right of way

(g)      There was no further discussion…


(3)            Trustees noted that in the Feb session Defiance County Soil & Water informed the Board of Trustees of a drainage issue and recommended repair to Radio Drive – Defiance,  township. (no estimated cost)

(a)      This was assigned to the twp road crew when weather permits.


(4)            Repairs to berm and ditch embankment on Hammersmith road near the Russell residence at 20272 Hammersmith. –(no estimated cost) –

(a)      Trustees noted that Def County Soil and Water will address this project as it is ditch maintenance.


(5)            Maintenance issues with Krouse Road (no estimated cost)

(a)      Trustees were informed that Krouse rd resident Mike Hallifield contacted def co comm. and the def twp fiscal officer and complained of the current condition of this road. and of his concern that he has for some time complained to Trustees with no improvement to the roads condition.

(i)            Mr. Peck stated he had spoken recently with Mr. Hallifield.

(b)      The Twp has purchased stone and placed stone on this road in 08; to date just over $1,000.

(c)      Trustees have also contacted Def ODOT garage and asked for blacktop waste from this upcoming construction season (grindings) to be placed on this road.  This will help build up the base for a future more permanent repair.

(d)      There was no further discussion on this issue.


(6)            Maintenance issues with Cromley Road (no estimated cost)

(a)      Stone to date placed on this road in 08 -- $800

(b)      There was no further discussion on this issue.

(7)            Lakeview Drive – replacement of catch basin near 250 lakeview (awaiting const season – approved by Trustees in Feb session) (no estimated cost)

(a)      There was no further discussion on this issue.


(8)            There were no other projects proposed.


ORDER OF BUSINESS NO. 7  - Personnel    

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

(1)            There were none.

(2)            Trustees instructed the fiscal officer to remove this item from the agenda.

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

a)   The Monthly (March 08) GrassRoots clippings – exhibit 8-a

b)   From the Defiance County Township  Association sent a notice – as exhibit 8-b of the 2nd quarter Association meeting to be held April 3 in Sherwood at the VFW – 6:30p.m.

i)      The fiscal office is to rsvp for all three trustees.


ORDER OF BUSINESS NO. 9 - Old Business


a)   The expansion of the Ayersville Water and Sewer District by annexation of territory via Ayersville Water and Sewer board action was discussed.

i)      The chair asked if there were any updates from the Feb Twp meeting?

ii)      The fiscal officer informed the Twp that he has provided exhibit 9-a which was provided from the Water and Sewer District.  This exhibit requests the Trustees to adopt a resolution to acknowledge territory of the existing system. 

(1)            the exhibit packet contained:

(a)      a letter from Dan Limber, District Manager seeking a resolution from Def Twp to acknowledge the district’s current service area.

(b)      A drawing with the service area colored in showing where water and sewer are currently in place and where the district is under Ohio EPA findings and orders to expand sewer.

(c)      A copy of a similar resolution recently passed by the Highland Twp Trustees.

(2)            The chair asked for discussion?

(a)      Mr.  Peck asked if anyone from the District was present; he wished to discuss this letter.   Mr. Peck wanted a better explanation of the drawing..such as “if there are water lines does that mean sewer is next?”  “And once there is sewer will that mean automatic annexation into the District?”  “What happens if people can remain out of the District…will the cost for water then go up?”  Mr.  Peck also said it is his belief that to finance the OEPA findings and orders the District must create more revenue and this would be done by expansion.

(b)      There was no one from the district present to address these and other questions the Trustees had.


Mr.  Bakle then moved to table the request for a resolution until more information could be made available to the Trustees.

Mr.  Pecked seconded.     

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

The motion to Table was approved.


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

i)      There was none.


ORDER OF BUSINESS NO. 10 - New Business


a)           Chairman Ankney reported that he attended a Health Dept meeting in March and was provided a survey.  The Trustees were asked to fill out the survey regarding their position on whether or not a County wide building & plumbing inspector employed by the Health Dept would be of benefit to Defiance Twp.

i)         The survey was presented as exhibit 10-a.

ii)         Trustees completed the survey and instructed the fiscal officer to fax the survey to the Health department. 

(1)            The survey asked a series of questions requesting a response from 1 to 5 – five being the service would be of great benefit and 1 the service being of little or no benefit.

(2)            The trustee’s average for each question was a 2.

(3)            The Trustees position is that citizens move to the rural area to avoid much of this bureaucracy.  There are state codes which apply to new construction and citizens may hire their own inspectors should they be so inclined.

iii)      The chair asked if there was any discussion?

(1)            There was none.


a)   The Chair asked if there was any other new business to come before the Board.

i)      There was none.





Date:               Tuesday  April 29th,  2008 

            Time:               7:30 p.m.

Place:              2nd floor of the Defiance County Commissioners building – conf room EMOC

                        500 Court Street - Defiance,  Ohio


Mr.  Ankney then requested a motion to adjourn the meeting of March 25th,   2008.  

It was moved by:  Mr. Bakle  

                        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