March 28th,  2006 MEETING


The Defiance Township Trustees met in regular session at VFW Post 3360 in Defiance Township, Defiance,  Ohio,  on Tuesday March 28th,  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:   Mary Ankney - 19133 Hammersmith,  John Diemer – 23361 Defiance-Paulding Co Line Rd, Joe Kolb 16492 Cullen Rd,  James Schlegel (zoning inspector) – 220 Pinewood Ave.  Other(s) present were:  Donelda & Lee Royal – 13236 Harding Rd,  Ruth Ann & Robert Schofield – 15968 Campbell Rd,  Jim Ehlinger – 14074 Power Dam Rd,  John Carman – 13824 Harding Rd, Robert Baden – 44131 Warren Rd Canton, Mi, Jerry Baden – 21324 Powers Rd,  Terry Miller – 15351 Rd 143, Cecil, Ohio, Charles Bakle Jr. – 1204 Wayne St. & 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 21st 2006 session. 


MOTION:  Richard Ankney  


SECOND:  Dan Peck                                                                                                     


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


The MINUTES were approved for the February 21st,  2006 meeting.


ORDER OF BUSINESS NO. 2 -  citizens concerns


a)  Terry Miller – 15351 Rd 143, Cecil, Ohio, was recognized by the chair.  Mr. Miller’s concern is with storm water backing up in Link ditch.  When there are heavy rains this water floods onto his property.  He has a safety & property concerns with this situation.  He has spoken to the Augliaze Twp Trustees in Paulding Co.  He was told that they will clean out their portion of the ditch but the portion which runs into Defiance Twp will also need cleaned if his problem is to be resolved. 


He was informed by the Defiance Trustees that they understand the problem and have been working to get it resolved.  The Trustees have petitioned the Defiance County Soil & Water to expedite this cleanout.  Trustees will attend the April 4th, Soil and Water Bd of Directors session and inquire if this action by the Auglaize Twp Trustees will have a positive impact on the Def Twp Trustees request which is to raise the Link ditch clean out project on the priority list of the Soil and Water. 




The following financial reports provided to the Board were reviewed.

b)  The February monthly Reconciliation – noted a reconciliation balance of $317,806.20 as of February 21st,  2006….. balance is minus the outstanding checks. 

i)   The balance was $19,528.72 less than the previous month’s balance.

ii)   This is the third month in succession that a decline was registered.

c)  Receipt & Payment reports

i)   Receipts for March were $98,593.40.  Bills for March totaled $11,742.30. 

d)  The Cash fund summary through March 28th, 2006,  showed an “ending cash balance” of $404,657.30. 

e)  The unencumbered cash balance “cash available” was $254,127.80 which is the balance after encumbrances are subtracted from the cash balance. 

f)   Appropriation Status showed that through March 28th,  10.4% of the years’ appropriations had been expended. All reports will be on file in the Clerks office.


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


h)  Payroll for March 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)  Status update on the following zoning Issues as of this session:


i)   The fiscal Officer/clerk (tjh) reported on the reprinting of Twp Zoning Rules – (Blue Zoning book)  - amended and adopted Oct 05 - clerk

(1) Trustees approved printing at Kinkos in Feb session at an increase in bid to approximately $1,100

(a) Clerk has negotiated with Kinko’s and they will reduce the bill overage by approximately 40%

(b) Anticipated cost to Twp is now $900


b)  A review of the zoning Bd of Appeals 3-28-06 session was provided to the Trustees–

i)   there were three issues

(1) Variance for Scotty’s Restaurant – State Rte 111 – was approved

(2) A conditional use designation for property owned by Annett Manson (on Parcel #B110017001900 in section 17 of Defiance Twp) to build a house – was approved

(3) A conditional use designation for property owned by Jerry Baden (located in the southwest corner of section 3 of Defiance Township, Defiance County, Ohio, the parcel ID is  B110003001603.) – was approved for the building of one home on this property.  Mr.  Baden then asked the Zoning Appeals Bd for permission to construct a shared drive for the purpose of building a second home which will effectively split the lot.  This request was tabled on a split vote.  A second Zoning Bd of Appeals meeting on this issue was scheduled for April 4th when five Bd members will be present.  (mins of the 3-28-06 Zoning Bd of Appeals session are available through tjh upon request.)


c)  Trustees reviewed a letter from the County Prosecutor’s Office - presented as exhibit 4-c – relative to Zoning responsibilities as applied to proposed lot/parcel splits

i)   Notes Twp has no authority in determining lot splits – that responsibility lies with the County Planning Commission.  There was no further discussion.


d)  A letter from the County Engineer – presented as exhibit 4-d – relative to new “access rules” to property from State – County & Twp roads was reviewed.

i)   Rules to access became effective March 2, 2006

(1) Zoning inspector has copy and is to ensure that citizens wishing to construct access ways from public highways contact the County engineer to ensure compliance

(2) Tjh provided copies to all “Trustees &  Zoning Bd of Appeals members.


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


i)   Zoning Report - March, 2006

(1) Site Review Joe Sisco Power Dam Rd Pond sent to S&W
Permit Issued

(2) Site Review Kiser Rd new road cut, Permit issued by Co Engineer

(3) Site Review for new home SR 111& Lakeview Dr. sent to S&W.  Currently on hold ref flood plain issues.

(4) Site Review Denny Scott, Scotty's 111. New entranceway started no permit applied for. Mr. Scott was advised to cease construction. This project does not meet the Township Setback. He needs 60 ft. setback and Project is only 14 feet from Right of way. I advised his only option is to
request a hearing with the Zoning Board of Appeals for a variance. $225 received for this appeal. I contacted ODOT and was advised that the right of way for this portion of SR 111 is 30 ft. each way from the center line.  This project is 6 ft. out from front of building centered on main entrance to the establishment. Project is 20ft. in length. Enclosed on South & East sides.
Project is a weather deterrent to protect Customers.  Feb. 24 Sent to Tim Houck for scheduling.

(5) Met with Maumee Valley Planning for insight on Lot Splits. Badens may request a hearing. Not likely to pass as each lot will not meet 150 ft frontage.

(6) Site Review Kiser Rd new driveway

(7) Site review Merriman res 22868 Bowman Rd new addition no permit.  Trying to locate someone at home. No answer at door no vehicles, Left card advising to call. 2-24-06.2-1-06 1 vehicle no answer @ door 2-4-06 2 vehicles no answer @ door. 3-09-06 sent certified letter advising of
zoning regulations as pertaining to additions. 2-16-06 no answer @ door.

(8) Site Review Carole Etchie Sr 111 split .899 acres to MVPC

(9) Met with Russell Herman ref conditional use permits AG vs R-1

(10)         Site review for Jim Phillips telecommunication tower on Bowman Rd. 3-17-06 received Zoning Permit application. Sent a letter to Russell Herman requesting some clarification on ORC pertaining to towers.  Attorney Mr. Holtsberry representing Phillips advised this is a business venture, will be a cellular phone tower, which is a public utility.

(11)         Site Review New Home 15827 Power Dam Rd requested all info. Annett
Manson, 3-16-06 advised she should submit a request for conditional use permit due to the fact that this parcel is zoned agriculture. 3-16-06 received said request forwarded to Twp. Clerk for scheduling 3/17/06

(12)         3-15-06 Met with Russell Herman of the prosecutor's office ref
conditional use permits.

(13)         3-16-06 Site Review Steve Layne Garman Rd new out Building Permit issued.

(14)         3-16-06 Site Review Josh Schlegel Hammersmith Rd Horse Barn. He advised
this is on hold x 1 month.

(15)         3-16-06 Met with Jerry Baden ref Conditional Use Permit for home on Harding Rd. 3-16-06 said request received, forwarded to TWP. Clerk for scheduling 3-17-06

(16)         3-16-06 Met with Lisa @ Maumee Valley Planning Ref whom is responsible
for lot splits in Def Twp she advised that anything over 5 acres the township is responsible to approve or disapprove. Ref the Baden property on Harding Rd she advised he should apply to the township for a variance for the frontage that is less than 150 ft as he proposed the land split
of 7 acres each.

(17)         3-16-06 Received a complaint from Joe Arreguin ref trash blowing into his yard & pond from the Lange residence across the Rd at 14606 Williams Rd.  No answer @ door of Allen Lange 616 Adams St left card to call.

(18)         3-17-06 Met with Warren Schlatter Def Co Engineer. Land splits were discussed. He advised that: TOWNSHIPS CONTROL LAND USE,  COUNTY PLANNING (LAND / PARCEL

(19)         3-23-06 Met with Denise Lange 1600 S Clinton St. She was advised of the complaint. She advised they are out there every day and are in the process of cleaning up the debris. This home was destroyed by fire Dec. 05

(20)         3/24/06 received a complaint of a portable sign at the Mullinex res. 20495 Hammersmith Rd.

(21)         3-24-06 Site Review 1/3 acre Pond Bonnie Dockery Powers Rd Zoning Permit Request
sent. Nothing returned as yet

(22)         3-28---Pending, Home Addition Kiser Rd. -----Permit Issued
Burning complaint Park view Dr. Resolved

(23)         I respectfully request to purchase a 12 inch measuring wheel for zoning
use.  Galls Inc. $75.00.. Blue Print Co Toledo $98.00


ORDER OF BUSINESS NO. 5 --  Equipment;   


a)  Trustees requested comments or concerns from Twp employees on current or proposed new eq.


b)  Tjh reported that he continues to work on the purchase of a new copier – Trustees approved the fiscal officer to acquire bids for a new copier during the Jan 31st session.  He will submit quotes when all are collected. 


c)  Mr.  Diemer requested permission to have the Twp Trucks washed and cleaned from the winter salting and snow removal effort.  Trustees concurred and instructed that the units be cleaned at “Charlie’s” on Baltimore Rd in Defiance, after April 15th when there is less of a chance of snow.


d)  The Zoning Inspector, in his monthly report requested permission to purchase a “measuring wheel”  est cost - per Mr. Schlegel, is $98.


Mr. Layne asked for a motion to approve this purchase.


MOTION:  Richard Ankney  


SECOND:  Dan Peck                                                                                                     


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


The motion passed.


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

a)  March  - Rd review by Trustee Peck  

i)   -- A copy of the report was distributed at this session to all Trustees and Twp rd crew


b)  Trustees reviewed the list of existing road projects with the Twp staff

i)   Kiser Rd project in 2007

(1) Timeframe  was determined by Trustees at the jan 06 session

(2) est cost from Co Engineer  provided at the Jan session was $304,000

(3) fiscal officer has noted that even this timeframe may not be fiscally possible

(a) as of this session there is approximately $100,000 available

(4) Trustees in Feb instructed the fiscal officer to prepare a CDBG grant for the 07 construction season.  This grant is due May 5th,  2006,  it is for the easterly half of the one mile Kiser rd project which will run from Keller Rd to Canal Rd.

(a) Tjh reports that the grant application is 90% complete as of this session.


ii)   Trustees approved the Co Eng to repair Bowman road in 2006. 

(1) Approval at the 1-31-06 session

(2) Fiscal office provided request to Co engineer 2 – 06

(a) Estimated cost is $34,500

(b) This work is scheduled for construction season 2006 a purchase order has been prepared.


iii)  The Schroeder Rd 06 project (pave 1,155’) – approved by Trustees 1-31-06 session

(1) Co engineer to do work est cost $13,500 – a purchase order has been prepared.


iv)  Trustees reviewed issues raised by citizens residing on Indian Bridge Lane

(1) Trustees, resident(s) and Co Commissioners  meet on site – 3-14-06 on this issue – exhibit 6- b – iv was reviewed which was a letter requesting this meeting.  An aerial photo is attached and all agreed that the trees in the boulevard will be removed.  Mr. Diemer is to get cost est to tjh.  Trustees are to meet with Soil and Water on site 3-29-06 to determine other steps necessary to address the standing water issues along this street.


v)  Twp crew notes they will berm on the Co Line Rd near the Bill Webb residence  as directed in the Feb session as soon as trucks are converted to spring– summer status. 


vi)  Twp crew will use berm reclaimer on Hammersmith in the 23000 block –  as soon as conditions permit. 


vii) Sponseller Rd near the Hahn residence.  In Dec 05 Trustees instructed crew to check this area after the next heavy rain.

(1) See comments in the “Citizens Concerns” section of this minute – item 2.

(2) A letter attached to the agenda as exhibit 6-b-vii – was prepared by tjh and submitted to Soil & Water requesting the clean out of Link ditch be elevated on their priority list.  An email response from Soil & Water was attached.

(3) The Bd of directors of Soil and Water meet in early April and will review this request.  Trustees will be represented at that session.


c)  Other projects noted were: 

i)   Carter Rd – trimming of overhanging tree branches.  Per Mr. Diemer this was completed in March.

(1) The berm re-claimer will be used as soon as weather permits.

ii)   Trustees noted that a Stop sign needs to be placed at Radio Drive and Westgate.


ORDER OF BUSINESS NO. 7  - Personnel  


a)  The fiscal officer reported that the elected officials bonds have been cancelled by OTARMA and new bonds have been acquired thru the Ohio Plan .. this occurred due to the change of insurance carriers

i)   Tjh distributed copies to each Trustee and the Zoning Inspector

ii)  A copy is also in the Twp files


b)  Trustee Peck was recognized and stated he had as promised in the Feb session, secured informal bids for the mowing of the Twp cemeteries.  He wished to discuss these costs vs the cost of continuing the work through the Twp’s Cemetery Sextant – Mary Ankney.  For proprietary reasons relative to the bids being unofficial and due to possible impact on personnel – (termination, due to lack of work); Mr. Peck requested an “executive session”.


i)   Mr. Layne moved.  Mr. Peck seconded


A roll call voted was taken


         Mr.  Ankney – abstained


         Mr.  Peck – yea


         Mr.  Layne – yea


The Bd without Mr. Ankney entered into “executive session” and required Mrs. Ankney’s presence.


c)  The Bd returned from “executive session”


i)   Mr.  Peck moved to resume the regular meeting

ii)   Mr.  Layne seconded


A roll call vote was taken

         Mr.  Ankney – abstained


         Mr.  Peck – yea


         Mr.  Layne – yea


The Board resumed its regular session.


ORDER OF BUSINESS NO. 8 – Travel – Training


a)  The quarterly (spring) Defiance Twp Association meeting is scheduled for 4-6-06 – exhibit 7-b (notice) was provided to the Trustees

i)   Tjh was directed to phone in rsvp’s  for all three Trustees




a)  The Monthly (March 06) GrassRoots clippings was distributed as  – exhibit 8-a


b)  It was noted that there are several Senior housing projects – to be constructed in Defiance City – Def. Twp


i)   Tjh provided the Trustees with letters from:

(1) the Hampton Greene Housing Group – distributed as exhibit 9-b-i

(2) the Miller-Valentine Group – distributed as  exhibit 9-b-ii

(3) The Twp may offer comments in writing to the project coordinator’s

(4) The local contact for both projects is the Northwest Ohio Community Action Commission

(a) Deb gerken – 419-784-2150

ii)   As both projects are within the City of Defiance the Trustees noted that they have no questions relative to these two projects.


ORDER OF BUSINESS NO. 10.  Old Business  


a)  The Twp insurance coverage for 2006  - liability & property were reviewed.  TJH noted:

i)   OTARMA sent notice (exhibit 10-a in the agenda) that insurance is cancelled as of 3-1-06 including Twp elected official and zoning inspector bonds – referred to in item 7a of this minute

(1) All claims whether reported or yet to be reported while under contract with OTARMA are said to be the responsibility of the Twp

(2) The Twp purchased retro coverage from the Ohio Plan which was part of the annual premium for 2006 which is $5,839

(3) No action was required or taken…


ORDER OF BUSINESS NO. 11 –  New Business:


a)  A notice distributed as  exhibit 11-a from the Ohio Department of Commerce – division of liquor control – noted that all liquor licenses in the Twp must be renewed this year.. Twp may request to attend a hearing if it desires

i)   The Trustees took no action.


b)  A notice -  exhibit 11-b from the Ohio Dept of Agriculture to the Trustees stated that Defiance Co is quarantined due to presence of the “Emerald Ash Bore”

i)   No wood from trees in Defiance County can be transported out of the county

ii)   There was no action required or taken.


c)  A letter from the County Commissioners office inviting the Trustees to attend the 2006 Annual Co Recognition dinner was reviewed.  Trustees are to purchase their ticket – should they wish to attend – through the Commissioners office.  The dinner is scheduled for April 29th.




Date:           Tuesday April 25th,  2006 

         Time:            7:30 p.m.

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


Chairman Layne requests a motion to adjourn this meeting of March 28th,  2006 


MOTION:       Mr.  Peck


SECOND:   Mr.  Ankney                                                                                                     


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


Respectfully Submitted


Timothy J. Houck,  Fiscal Officer/Clerk