MARCH 27th,  2007 MEETING


The Defiance Township Trustees met in regular session at VFW Post 3360 in Defiance Township, Defiance,  Ohio,  on Tuesday March 27th,  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., Zoning Commission member Roy Perez 812 Indian Bridge lane. 


Other(s) present were:  Charles Bakle 1204 Wayne Street, Marilyn Hite of the Defiance County Library  & 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 February 27th,  2007 session. 


MOTION:  Richard Ankney


SECOND:    Dan Peck                                                                                                      


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


The MINUTES were approved for the February 27th,  2007 meeting.


ORDER OF BUSINESS NO. 2 -  citizens concerns


1)   Marilyn Hite of the Defiance County Library was recognized.  Mrs. Hite asked for time to explain the levy that the library is placing on the Spring May 8th primary ballot.   Mrs.  Hite said:

a)   The levy is necessary in order for the library to replace the funds that have been reduced from its budgets over the past several years by the state. 

b)   The library is a county system with branches in Hicksville & Sherwood along with the main branch in Defiance.

c)   There have been significant reductions in staff and services from the recent state reductions in funding and without the passage of this levy the library will again be forced to reduce services.

d)   The library is very important to the community.

e)   A brochure was provided to the Trustees explaining the needs and services that the library will meet with the passage of the levy.

f)    Hite asked the Trustees to approve a “resolution” of support for the levy.  She provided a pre-printed resolution.


The Chair asked if there was a motion to adopt the “supporting resolution”.


It was moved by:        Mr. Peck


Second by:            Mr. Ankney


The clerk called the roll:


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


The Resolution was adopted.


2)   A Citizen complaint form from Perry Porter 21062 Powers rd. was presented to the Trustees as    exhibit 2-a

a)   The complaint was about unkempt property of a neighbor that was believed by the complainant to violate several Twp nuisance rules and junk vehicle rules.

b)   The complaint was submitted to the clerk through the Co Commissioners office on  3-14

c)   The clerk noted that a copy of the complaint was sent to the Township’s “nuisance officer” – Mr. Schlegel on the same day

d)   The chair asked for comments from Mr. Schlegel

i)      Schlegel said:

(1)            After receiving the complaint per Twp policy he contacted the neighbor – Mr. Darris Hamm of 24829 Defiance – Paulding County Line Rd.

(2)            He instructed Mr. Hamm to clean up the items which violated Twp codes within 15 days. 

(3)            Schlegel reported to the Trustees that as of this session the property clean up effort was acceptable.




The following financial reports provided to the Board were reviewed.

e)   The February monthly Reconciliation – noted a primary checking reconciliation balance of $17,763.81 as of February 28th,  2007….. balance is minus the outstanding checks. 

i)      The balance does not include the money market account.

ii)      The money market balance was $449,250.28.

iii)      Total township funds were $467,014.09 

f)    Receipt & Payment reports

i)      Receipts for March were $91,254.04.  Bills for March totaled $19,714.76. 

g)   The Cash fund summary through March 31st,  2007,  showed an “ending cash balance” of $538,553.37. 

h)   The unencumbered cash balance “cash available” was $402,017.51 which is the balance after encumbrances are subtracted from the cash balance. 

i)            Appropriation Status showed that through March 31st,  8.2% 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.


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


k)   Payroll for March 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.


ORDER OF BUSINESS NO. 4 Township Zoning 


a)   The clerk was recognized and explained that a Zoning Board of Appeals Bd session was held just prior to the Trustees meeting in which in the following action was taken by the Bd of Appeals:

i)      Rod Rittenshouse P.O. Box 382,  Defiance,  Ohio,  43512  requested a “variance” to Township’s sign restrictions.  The applicant proposes to construct a  sign “obelisk” on property fronting Baltimore Road.  The parcel is part of the N.W. Quarter of section 27 in Defiance Township, Defiance County, Ohio.  The parcel ID is  B110027-0-008-00.

ii)      The Appeals Bd approved the request…interested parties should check the minutes of the session for details.  The minutes are on file in the clerk’s office and will be posted to the Twp web page. 


b)   A Zoning Commission session was also held just prior to the Trustee meeting.  In this session…

i)      The Commission addressed the previously noted improper adoption of the Twp Zoning Map.

ii)      The Sept 05 map had changed a number of Twp properties from “conditional use”  for residential purposes to a Residential -1 designation. At this session upon the advice of counsel the Commission rescinded their action of Sept 05 and reinstated the prior zoning map.

iii)      interested parties should check the minutes of the session for details.  The minutes are on file in the clerk’s office and will be posted to the Twp web page.

iv)      The zoning inspector asked for direction from the Trustees relative to “use of the map”  as the areas designated conditional use do not break down the many different “conditional use” designations.

(1)            Mr.  Layne replied that he was in attendance of the Commission meeting and Mr.  Schlegel should do as instructed by the Commission.

(2)            For the purpose of documentation of these minutes the clerk has copied the Commission direction below:

(a)      Schlegel is to check the minutes of his files or the Twp’s files to determine the use of the “conditional use” permit issued.  If there is no documentation & the property is designated on the map as under a “conditional use” then it must be assumed that the permit for the use of the land as being used was properly adopted.

(i)            If there is a request for a conditional use permit on property already designated as a property with a conditional use and there is already one use established (a second permit request is being made) then a new hearing must be held.

1.      example:  property has a house in use & a request for a conditional use permit is filed to establish a cottage business – then a 2nd hearing must be held.

v)      The clerk was recognized and stated that once the Zoning Map is corrected by Defiance County Soil and Water new copies will be distributed to the Trustees and the Zoning Board and Commission.  The map will also be posted to the Twp web page.


c)           Monthly report  - Inspector’s Report -  by Mr.  Jim Schlegel

i)      Defiance Township Zoning Report -March 2007

(1)            Rod Rittenhouse submitted a sign variance request.  Hearing is scheduled for March 27, 2007 per Twp. Clerk.

(2)            John Engle ST RT 66 South site review for new pond all info was sent to Soil & Water and their review were received.

(3)            Site Review for possible new home ST RT 66 South through Butler Mohr Reality. Roger Mohr was advised of Def. Twp. Mobile Home Restrictions.

(4)            Site Review and continuing investigation of trash & junk vehicle complaint on Def. Pau. Co Line Rd. written citizen complaint received. (Robbins)

(5)            Another site review and continuing investigation from citizen complaint, Trash & Junk Vehicle on Def. Pau. Co Line Rd. (Hamm)

(6)            Site Review Bowman rd ref AG Structure. 

(7)            Site Review Bob Baden new home Powers Rd. (Pending)

(8)            END REPORT


d)   Mr.  Schlegel reminded the Trustees that there is a vacancy on the Appeals Board.  One of the two alternate positions is vacant.

i)    Mr.  Schlegel said he was approached and asked to submit Mr. Tim Gray 400 Osceola Av – Defiance,  Ohio, as a candidate for this position.

ii)      Trustees said they will take the request under advisement and will discuss this with the Bd of Appeals Chairman.

(1)            The  replacement process will be continued during the April Twp meeting.


ORDER OF BUSINESS NO. 5 --  Equipment;   


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

i)    Mr. Diemer noted that the Twp’s grader a “1969 Galon 503” was no longer of use to the Twp.  Other Twp units address the needs that this piece of eq does.  Also, he suggests, that the grader takes up a lot of room in the Twp eq building.  He asked for direction.

ii)      The Trustees concurred with Mr. Diemer and;


Chairman Layne asked for a motion to sell the “1969 Galon 503”


            It was moved by:  Mr. Peck  


SECOND by:    Mr. Ankney


The roll was called and the vote was:                                                                                                    


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


The motion to sell the Grader was passed.


b)            Trustees instructed the Clerk to post an ad in the local newspaper and solicit bids.  Trustees will review the bids and award the sale based on their approval of the amount bid.  Interested parties are to see Mr.  Diemer to view the grader.  Once the bids are opened, if it is deemed that the bid amounts are insufficient then the Twp retains the right to reject all bids.


c)   The clerk was again recognized:  He noted that he is distributing the 2007 insurance id cards to Mr.  Diemer.  These cards must be placed in all twp licensed vehicles.

i)    05 F350

ii)   04 international

iii)   95 dodge 1 ton

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 Report – Monthly Twp Rd inspection was made by Mr. Peck.  His report was distributed to the Trustees and the Twp road crew.  The report notes berming, stone and signage needs.  The report is on file in the clerk’s office with the monthly meeting mins.  

i)      Trustee Layne suggested that all three Trustees review the roads together for the April report.  All agreed.  


b)            Chairman Layne then reviewed the status of the existing road projects

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

(1)            The clerk asked that the Trustees review the minutes of the Jan 07 session for details.

(2)            As directed by the Trustees in the Feb 07 session the clerk has written a letter of notice to the residents of Kiser rd, informing them that the 2nd mile will be rebuilt in 2008.

(a)      The letter was provided as exhibit 6-b

(3)            This item will remain on the agenda until completed


ii)      Indian Bridge Lane (06 const of storm sewer and re-grade to address standing water)

(1)            Again the clerk asked the Trustees to review the agendas of April through Sept 06 for project details

(2)            Project work is complete except for seeding by Muntz landscaping of Holgate, Ohio, the bid amount was $1870. 

(a)      Seeding is scheduled for the spring of 07 when grd conditions permit. 


c)   The Chair then noted the proposed new road project for 2007.  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.

i)      See exhibit 6-c-i , cost estimates

(1)            Indian bridge lane chip-seal - $4,224.86 previously estimated at $3,240.42; and

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

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


iii)      Trustees decided in the Feb 07 session to have the Defiance Co Engineer place a 36” drain tile under Bowman rd


(1)            Trustee Ankney is to meet with the Co Eng to get a cost estimate…..


d)   The chair asked the clerk if he had ordered the Hwy signs as directed.

i)    Tjh responded that as instructed he has ordered in Feb - 4- “no through truck” and 10 “yellow blank marker” signs from Sa-So signs.  We are awaiting delivery.

ii)   A second sign order was placed in March per the Feb meeting direction of the Trustees

(1)            3 high water signs; and

(2)            3 stop ahead signs

(3)            size is 3’ x 3’



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

(1)            None were offered at this time.


ORDER OF BUSINESS NO. 7  - Personnel    


a)   The 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)      There was no discussion on this issue by the Trustees


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

a)            Monthly (March 07) GrassRoots clippings was provided as exhibit 8-a


ORDER OF BUSINESS NO. 9 Travel – Training

l)           Trustees Ankney & Layne along with clerk attended the IRS seminar on 3-13 held at the Defiance Co EMA office.  This seminar was on:

i)         taxable benefits

(a)      The clerk reported that at this time nothing discussed affects Def Twp

(b)      Taxable impact is on all items used by Twp employees that was paid for with public funds and used for personal use such as:

(i)            Uniforms, shoes, cell phones, Twp vehicles etc.

(ii)            The Twp does not provide these items to its employees and all Twp vehicles are required to be parked at the Twp building. 


m)  It was also noted that the clerk will be attending the 07 annual “local gov’t conference” in Col on april 3 & 4

i)         State auditor sponsored training for “fiscal officers”


ORDER OF BUSINESS NO. 10 - Old Business 


a)            Renewal of Twp fire levy.

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

ii)   Mr.  Peck continues 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. 

(1)            Mr. Peck stated that from information he has already collected it is his belief that the Twp is paying seven to ten times more then other Twps pay for similar services. 

(2)            Mr. Peck said it is our hope to try and lower the cost of this service to our citizens.

iii)   In Feb 07 Trustees had instructed the clerk to send a letter to neighboring Fire Depts to solicit interest in providing fire – rescue to Def Twp precincts A & B

(1)            exhibit 10-1 was a response from south richland – which declined this opportunity

(a)      Comments…from the Trustees:

(i)            indicated the they have had a positive verbal response from Highland Twp.

(ii)            The Trustees discussed ways to solicit the citizens input relative to using a provider other then the City of Defiance.

iv)      The clerk reported that per the Trustees direction he has asked and received from the Prosecutor’s office - ballot language and step by step direction for placing the levy on the Nov 07 ballot.

(1)            This information will be presented to the Trustees at their April meeting.  The procedure requires the Trustees to adopt a resolution requesting the County Auditor to certify the revenue to be raised by the tax.  The resolution also denotes that the levy will be permanent per the Trustees request.


b)            Sponseller Rd flooding – BeeTree ditch clean out-rebuild.  The ditch is located in section 16 of Def Twp north of Bowman road.

i)      The Clerk reported:

(1)            A Ph contact from Mike Boff – Def Co. Soil and Water on 3-21

(a)      Boff stated they have a good chance for an OEPA grant for the lower end of the ditch in Def Co.  this portion is very expensive due to steep bank work and rebuild that would be necessary. 

(i)            He thinks OEPA will approve the grant in 07 for 08 work

(ii)            He also said “soil and water” can do the upper end of the ditch and is planning to do so in 2007.

(iii)            He plans on addressing the project with the Trustees at a future meeting possibly May.


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)      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.  Trustees asked the crew to solicit bids to add a room onto the Twp building. 

(i)            It was noted that cost estimates must include all elements of construction

(ii)            Once bids are in hand the clerk will present them to the prosecutor who will be asked to determine if a formal public bid is required.


d)  Trustees noted that in April the 2nd quarter session of the Defiance County Twp Association meeting is being hosted by Defiance Twp

i)      The Clerk reported that:

(1)            Meeting is on april 5th 6:30 @ the VFW– upper room partitioned

(2)            Nearly 50 have already RSVP’d

(3)            Dinner menu

(a)      Sandwiches (chicken and or beef

(b)      Baked beans

(c)      Potato or macaroni salad

(d)      Pie

(e)      & beverages


ORDER OF BUSINESS NO. 11 - New Business 


a)   The chair asked if there was any new business to come before the Trustees.

i)      None was presented.




12)       NEXT MEETING: 

Date:               Tuesday April 24th,   2007 

            Time:               7:30 p.m.

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




Mr.  Layne requests a motion to adjourn this meeting of March 27th,  2007 


            Motion:             Mr.  Ankney


            Second:           Mr.  Peck



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



The motion passed.


Respectfully Submitted

Timothy J. Houck,  Clerk