Minutes

DEFIANCE TOWNSHIP TRUSTEES

May 23rd,  2006 MEETING

 

The Defiance Township Trustees met in regular session at VFW Post 3360 in Defiance Township, Defiance,  Ohio,  on Tuesday May 23rd,  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 Diemer – 23361 Defiance-Paulding Co Line Rd, Joe Kolb 16492 Cullen Rd,  James Schlegel (zoning inspector) – 220 Pinewood Ave.  Other(s) present were:  Ruth Ann Schofield – 15968 Campbell Rd,  Charles Bakle Jr. – 1204 Wayne St., Connie Humphys & W. Tom Wiseman 108 Riverside,  Jim Ehlinger – 14074 Power Dam Rd,  Rodell Behlke – 1771 Ottawa Ave,  B. Clingaman – 409 West High,  Ronald & Marilyn Steel – 155107 St Rte 66,  Tim & Ginny Wiseman – Hammersmith road,  Holly Snyder - ,  Mary Wiseman – 1016 Grove St,  & JoEllen Houck of 8 Deville Drive,  Defiance,  Ohio.   

 

ORDER OF BUSINESS NO. 1

 

1)  Chairman Layne requested confirmation that this session had been duly advertised.

a)  The clerk noted this was a session moved to the 23rd from the 30th due to a scheduling conflict for Trustee Peck.  A copy of the legal notice which ran in the crescent news is on file in the clerk’s office

 

ORDER OF BUSINESS NO. 2

 

1)  Review and approval of minutes of the previous session.

 

Chairman Layne requested a motion for the approval of minutes from the April  25th  2006 session. 

 

MOTION:  Richard Ankney  

        

SECOND:  Dan Peck                                                                                                     

 

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

 

The MINUTES were approved for the April 25th,  2006 meeting.

 

ORDER OF BUSINESS NO. 3 -  citizens concerns

 

1)  There were no issues raised under this section.

 

ORDER OF BUSINESS NO. 4  -  FINANCES – 

 

The following financial reports provided to the Board were reviewed.

a)  The April monthly Reconciliation – noted a reconciliation balance of $447,345.67 as of April 30th,  2006….. balance is minus the outstanding checks. 

i)   The balance was $42,444.54 more than the previous month’s balance.

ii)   This is the second month in the last five that a gain was posted.  

b)  Receipt & Payment reports

i)   Receipts for May were $13,550.88.  Bills for May totaled $26,075.50. 

c)  The Cash fund summary through May 31st ,  2006,  showed an “ending cash balance” of $434,821.05. 

d)  The unencumbered cash balance “cash available” was $294,576.58 which is the balance after encumbrances are subtracted from the cash balance. 

e)  Appropriation Status showed that through May 31st,  15.75% 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 May 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. 5 Township Zoning 

 

a)  Status update on the following zoning Issues as of this session: 

 

i)   TJH reported on the reprinting of Twp Zoning Rules – (Blue Zoning book)  - amended and adopted Oct 05

(1) This project is now complete

(2) Trustees were provided with a new book at this session

(3) The book is being posted to the twp web page – http://www.defiance-county.com/townshipDefiance.html

(4) The cost was over $200 less than bid – actual bill was $853.11

(a) Cost is less as kinko’s agreed to assume half of the overrun due to their misunderstanding of the bid submitted

(b) Cost as paid was less then any other bid received for this project by other bidders.  Each of the other bids was without the ability to provide an electronic editable copy which was provided by kinko’s

 

ii)  zoning Commission – scheduled hearings

(1) Trustees were informed by TJH that the Township’s Zoning Commission has set a re-organizational meeting for May 30th – 7:30 p.m. at the VFW

(2) A Commission session is set to hear a re-zoning request for certain property from ag to residential (r-1) is set for June27th

(a) Jerry baden requested that his property on Harding road be rezoned res -1

(b) Jack Poling has property on bowman rd which he also wants rezoned to res -1

(3) Zoning Commission to hear requests and provide Trustees with a recommendation

 

iii)  Trustees were provided a letter from the County Prosecutor’s Office - presented as exhibit 4-c.  This is a response to Twp inquiry relative Dennis Merriman of 22868 Bowman rd failing to acquire a “building permit” for home remodeling . 

(1) Per the Prosecutor’s letter the property owners are to acquire said permit within 7 days of having received the prosecutor’s letter

(2) As of 5-19 per zoning inspector – no permit has been issued as he has not been contacted by property owners (Dennis & Natalie Merriman – 22868 Bowman Rd)

(3) Tjh asked the zoning inspector for e mail confirming status – this will be turned over to the prosecutor for continuing legal action

 

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

(1) Defiance Township Zoning Report
May 2006

No Permits Issued

Site reviews and research for Rezoning
Baden, Mansfield, Poling

 

ORDER OF BUSINESS NO. 6  - 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 they had no equipment issues to report as of this time.

 

b)  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.

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

 

ORDER OF BUSINESS NO. 7  - Trustee Report – Monthly Twp Rd inspection  

 

a)  May - Rd review by Trustee Ankney…

i)   Mr. Ankeny’s report was distriburted to all Trustees and the Twp road crew

ii)   The report is on file in the clerk’s office

iii)  Reported noted normal berming, patching and weed control   

 

b)   The Trustees reviewed the existing & proposed road repair/maintenance projects

i)   The clerk noted that the Kiser Rd project is still tentatively scheduled for 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) the fiscal officer (tjh) has noted that even this timeframe may not be fiscally possible

(a) as of this session there remains $120,000 as available

(b) regular updates will be provided

(4) The BD learned in the May session that CDBG grant which Trustees instructed tjh to submit to secure partial funding for this project was denied.  The CDBG grant as submitted was not eligible for this project as the residents did not meet low income requirements- exhibit 7-b-4 cdbg denial notice from Maumee Valley Planning was provided to the Trustees and will be on file with these minutes & in the project file in the clerk’s office.

(5) The fiscal officer /clerk then reported on Trustee Peck’s request from the april meeting on the question of whether or not the Township regains control of property on which now sit Anthony Wayne elementary school.  The purpose of this research was due to a question raised by charles bakle of defiance, who suggested that if this property is not used to operate a school and reverts back to Twp authority; then the Twp could sell the property and apply the proceeds to the Kiser rd project.

(a) the deed to the Anthony Wayne elementary school property – was provided to the Trustees. 

(i)  The twp did donate a portion of the land on which the school now resides to the Defiance city School District.  This was done in the 50’s

(ii)  There was no revert clause in the deed

1.  exhibit 7-b -5 _ deed to property is on file in the clerk’s office

 

ii)   Bowman and Schroeder rd projects for 2006 were reviewed

(1) The Trustees had approved the Co Eng to repair Bowman road during the 1-31-06 session. 

(a) As of this session bowman road needs re-surfaced and both projects will be complete

(2) A bill was processed in the May meeting from the Co engineer for work already completed on both these projects.

(a) Bowman project to cost $34,500

(b) Schroeder Rd 06 project – cost $13,500 to pave 1155’

(c) There was no further discussion…

 

iii)  Indian Bridge Lane

(1) The Issue is the flooding caused by lack of drainage

(a) The Twp hired Bendele for tree stump removal and re-grading

(b) Mr.  Ankney  has called the Ohio Underground Utilities Service to have services marked before Bendele works on this project

(c) Mr. Charles Bakle of Defiance was recognized and stated that it is his opinion that the County project on this street in 2004 was the cause of the current issues.

(i)  Trustees Layne and Ankney both noted that there had been drainage issues with the street prior to the County project.

(ii)  There was no further discussion…

 

iv)  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 elevate clean out priority

(b) Twp is awaiting response from Soil & Water

 

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

(1) There were none proposed at this time.

 

ORDER OF BUSINESS NO. 8  - Handouts  

 

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

 

b)  An invitation inviting the Trustees and staff to the Stone-co annual summer customer appreciation cookout – was reviewed.  This was distributed as  exhibit 8b

 

c)  Trustees then reviewed a notice from Defiance County Commissioners, distributed as exhibit 8-c, relative to a new county policy regard the pick up of dead deer from Twp roads.  This work is being done by the County’s environmental services office and as of July 1st, due to a loss of grant funds by that County department, the Township will be charged for this service.    County Commissioners are determining a charge and this information will be sent to the Twp soon.

 

i)   Trustees as of this discussion agreed that the Def co enviro services will continue to provide the service

 

d)  A notice from Maumee Valley Planning – division of public works region 5 – was discussed.  This was a ballot to vote for a Trustee representative to the district 5 integrated planning committee.  The ballot was provided as exhibit 8-d –

i)   Trustees were requested to vote

ii)   It was noted that the ballot was due on May 23rd and could not be counted so no vote was made

 

ORDER OF BUSINESS NO. 9 –  Old Business 

 

a)  Mr.  Layne asked for discussion of any old business

i)   Tjh (clerk) noted that the Township web site has been updated

(1) All mins from 1st qrt 06 have been added

(2) Twp zoning rules are now being added as of 5-19-06

 

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

i)   there was none

 

ORDER OF BUSINESS NO. 10 –  New Business:

 

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

i)   Mr. Peck was recognized and stated he had been in contact with the Twp insurer “ the Ohio Plan” and  questioned what liability the Twp might face if a non-twp employee were mowing Twp property.  The Ohio Plan response – per Mr. Peck – was that there was significant liability and if this was a practice the Twp needed to take steps to stop it or the Ohio Plan might drop the Twp from coverage.

ii)  Mr.  Peck noted that he was told (did not observe) that people other the the person assigned to mow the cemeteries of the Twp were mowing.  Mr. Peck stated he had reviewed the work agreement the Twp has with the cemetery sextent (Mary Ankney) and was surprised at its content. 

(1) The agreement provides ankney with year round stipends so that the employee can attain OPERS retirement credit for a full year.  The agreement was signed by the Trustees in April 2004.

iii) The Trustees (Layne and Peck) decided to withhold the May 06 Mary Ankney stipends and have the agreement reviewed by the Prosecutor’s Office.

iv) Mr.  Tom Wiseman 108 Riverside, was recognized and asked why Mary Ankney was not paid, noting this violates the agreement

v)  Trustee Layne said: he and Mr. Peck felt the Prosecutor should comment on this agreement.

(1) The discussion then broke down into a loud debate with many people talking at the same time

(2) The following people were in general agreement that the Trustees were attempting to stop Mary Ankney from acquiring her rightful retirement benefits

(3) Connie Humphys & W. Tom Wiseman 108 Riverside,  Ronald & Marilyn Steel – 155107 St Rte 66,  Tim & Ginny Wiseman – Hammersmith road,  Holly Snyder - ,  Mary Wiseman – 1016 Grove St,

(4) Mr. Peck called for a vote to move into executive session to discuss “personnel” – possible disciplinary action..

 

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 the fiscal officer/clerk (tjh) to attend. 

 

e)  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.

 

vi)  Mr. Layne noted the Bd will pay Mrs. Ankney per the agreement the May stipends.  The agreement will be turned over to the Prosecutor’s Office for review.

(1) Mr. Tom Wiseman stated that no one has mowed Twp property using Twp eq.

(2) Mr.  tim Wiseman questioned why is this an issue now as they have helped her mow for over 20 years

vii) Mr. Peck – noted that no other twp employee has such an agreement

viii) Mr. Tom Wiseman – responded that the Twp has done this before (paid people when they didn’t work in a given month) – noting that the Twp paid Trustee John Webb during his illness.

(1) (the session was breaking down again in a loud multiple people talking situation)

(a) One of the Trustees stated the Mr. Webb was elected and rules are different relative to elected vs appointed

(b) This brought additional loud comments of dissent

ix)  Mr.  Peck was recognized and stated that he was told – hearsay – that people other than Twp employees were using Twp eq mowing the Twp cemeteries.

x)  Mr.  Tom Wiseman stated this was not true.

xi)  Mrs.  RuthAnn Schofield 15968 Campbell Rd was recognized.

(1) She stated that Mr. Tom Wiseman is a relative of the Ankneys’ and this is the reason he supports the Ankney’s.

(2) Mr. Wiseman denied this. 

xii) (again the session was breaking down with many talking at once and in loud voices)

xiii)      Mr. Layne stated that Mary Ankney would be paid her May stipends and that the prosecutor would review the agreement.

xiv)    Mr.  Peck stated that no one other then Twp employees can mow Twp property.

xv) Mr.  Layne noted this discussion is concluded.

b)  Trustee Ankney did not participate during this discussion as the employee in question is his wife.

 

 

 

ORDER OF BUSINESS NO. 11 – NEXT MEETING:

 

NEXT MEETING:

 

Date:           Tuesday June 27th,  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 may 23rd,  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