23rd, 2006 MEETING
Township Trustees met in regular session at VFW Post 3360 in Defiance Township,
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.
John Diemer – 23361 Defiance-Paulding Co Line Rd, Joe Kolb 16492 Cullen Rd,
James Schlegel (zoning inspector) – 220 Pinewood Ave.
Other(s) present were:
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,
BUSINESS NO. 1
requested confirmation that this session had been duly advertised.
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
BUSINESS NO. 2
Review and approval of minutes of the previous session.
Layne requested a motion for the approval of minutes from the April
25th 2006 session.
The MINUTES were
approved for the April 25th, 2006
BUSINESS NO. 3 - citizens concerns
There were no issues
raised under this section.
BUSINESS NO. 4 -
financial reports provided to the Board were reviewed.
The April monthly Reconciliation – noted a reconciliation balance of
$447,345.67 as of April 30th, 2006…..
balance is minus the outstanding checks.
The balance was $42,444.54 more than the previous month’s balance.
This is the second month in the last five that a gain was posted.
Receipt & Payment reports
Receipts for May were $13,550.88. Bills
for May totaled $26,075.50.
The Cash fund summary through May 31st ,
2006, showed an “ending cash
balance” of $434,821.05.
The unencumbered cash balance “cash available” was $294,576.58 which is the
balance after encumbrances are subtracted from the cash balance.
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.
The Trustees reviewed and signed the bills for the month.
Payroll for May was then reviewed and checks signed by the Trustees.
Layne asked for a motion to accept the financial reports.
BUSINESS NO. 5 Township
Status update on the following zoning Issues as of this session:
TJH reported on
the reprinting of Twp Zoning Rules – (Blue Zoning book)
- amended and adopted Oct 05
This project is
provided with a new book at this session
The book is being
posted to the twp web page – http://www.defiance-county.com/townshipDefiance.html
The cost was over
$200 less than bid – actual bill was $853.11
Cost is less as
kinko’s agreed to assume half of the overrun due to their misunderstanding of the bid
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
zoning Commission – scheduled hearings
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
session is set to hear a re-zoning request for certain property from ag to residential
(r-1) is set for June27th
requested that his property on Harding road be rezoned res -1
Jack Poling has
property on bowman rd which he also wants rezoned to res -1
Zoning Commission to hear requests and provide Trustees with a recommendation
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 .
Per the Prosecutor’s letter the property owners are to acquire said permit
within 7 days of having received the prosecutor’s letter
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)
Tjh asked the zoning inspector for e mail confirming status – this will be
turned over to the prosecutor for continuing legal action
Monthly report - Inspector’s
Report - Mr.
Defiance Township Zoning Report
No Permits Issued
Site reviews and research for Rezoning
Baden, Mansfield, Poling
BUSINESS NO. 6 - Equipment
Chairman Layne requested any comments or concerns from Twp employees on current
or proposed new eq.
John Diemer and Joe Kolb both said they had no equipment issues to report as of
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.
Trustees had approved the fiscal officer to acquire bids for a new copier during
the Jan 31st session.
BUSINESS NO. 7 - Trustee
Report – Monthly Twp Rd inspection
May - Rd review by Trustee Ankney…
Mr. Ankeny’s report was distriburted to all Trustees and the Twp road crew
The report is on file in the clerk’s office
Reported noted normal berming, patching and weed control
The Trustees reviewed the existing & proposed road repair/maintenance
The clerk noted that the Kiser Rd project is still tentatively scheduled for 2007
Timeframe as determined by Trustees
at the jan 06 session is to do 2nd half (1 mile from Keller to Canal) in 2007
est cost from Co Engineer provided
at the Jan session was $304,000
the fiscal officer (tjh) has noted that even this timeframe may not be fiscally
as of this session there remains $120,000 as available
regular updates will be provided
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.
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
the deed to the Anthony Wayne elementary school property – was provided to the
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
There was no revert clause in the deed
exhibit 7-b -5 _ deed to property is on file in the clerk’s office
Bowman and Schroeder rd projects for 2006 were reviewed
The Trustees had approved the Co Eng to repair Bowman road during the 1-31-06
As of this session bowman road needs re-surfaced and both projects will be
A bill was processed in the May meeting from the Co engineer for work already
completed on both these projects.
Bowman project to cost $34,500
Schroeder Rd 06 project – cost $13,500 to pave 1155’
There was no further discussion…
Indian Bridge Lane
The Issue is the
flooding caused by lack of drainage
The Twp hired
Bendele for tree stump removal and re-grading
Ankney has called the Ohio
Underground Utilities Service to have services marked before Bendele works on this
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.
Trustees Layne and
Ankney both noted that there had been drainage issues with the street prior to the
There was no further discussion…
Sponseller Rd near the Hahn residence. Road
is covered with storm water after a heavy rain
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.
Twp submitted written request to Soil & Water in mar to elevate clean out
Twp is awaiting response from Soil & Water
Chairman Layne asked if there were any new road projects?
There were none proposed at this time.
BUSINESS NO. 8 - Handouts
The Monthly (April 06) GrassRoots
clippings was distributed as exhibit 8-a
An invitation inviting the Trustees and staff to the Stone-co annual summer
customer appreciation cookout – was reviewed. This
was distributed as exhibit 8b
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.
Trustees as of this discussion agreed that the Def co enviro services will
continue to provide the service
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 –
Trustees were requested to vote
It was noted that the ballot was due on May 23rd and could not be
counted so no vote was made
BUSINESS NO. 9 – Old Business
Layne asked for discussion of any old business
Tjh (clerk) noted
that the Township web site has been updated
All mins from 1st
qrt 06 have been added
Twp zoning rules
are now being added as of 5-19-06
Mr. Layne asked if there was any
other old business?
there was none
OF BUSINESS NO. 10 – New Business:
Layne asked if there was any new business?
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.
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.
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.
(Layne and Peck) decided to withhold the May 06 Mary Ankney stipends and have the
agreement reviewed by the Prosecutor’s Office.
Tom Wiseman 108
Riverside, was recognized and asked why Mary Ankney was not paid, noting this violates
Trustee Layne said:
he and Mr. Peck felt the Prosecutor should comment on this agreement.
The discussion then
broke down into a loud debate with many people talking at the same time
The following people
were in general agreement that the Trustees were attempting to stop Mary Ankney from
acquiring her rightful retirement benefits
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,
Mr. Peck called for
a vote to move into executive session to discuss “personnel” – possible
Layne moved. Mr. Peck seconded
roll call voted was taken
Mr. Ankney – abstained
Mr. Peck – yea
Mr. Layne – yea
Bd without Mr. Ankney entered into “executive session” and required the fiscal
officer/clerk (tjh) to attend.
The Bd returned from “executive session”
Mr. Peck moved to resume the regular
Mr. Layne seconded
roll call vote was taken
Mr. Ankney – abstained
Mr. Peck – yea
Mr. Layne – yea
Board resumed its regular session.
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.
Mr. Tom Wiseman stated that no one has mowed Twp property using Twp eq.
Mr. tim Wiseman questioned why is
this an issue now as they have helped her mow for over 20 years
Mr. Peck – noted that no other twp employee has such an agreement
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.
(the session was breaking down again in a loud multiple people talking situation)
One of the Trustees stated the Mr. Webb was elected and rules are different
relative to elected vs appointed
This brought additional loud comments of dissent
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.
Mr. Tom Wiseman stated this was not
Mrs. RuthAnn Schofield 15968
Campbell Rd was recognized.
She stated that Mr. Tom Wiseman is a relative of the Ankneys’ and this is the
reason he supports the Ankney’s.
Mr. Wiseman denied
(again the session
was breaking down with many talking at once and in loud voices)
Mr. Layne stated that Mary Ankney would be paid her May stipends and that the
prosecutor would review the agreement.
Peck stated that no one other then Twp employees can mow Twp property.
Layne noted this discussion is concluded.
Trustee Ankney did
not participate during this discussion as the employee in question is his wife.
BUSINESS NO. 11 – NEXT
VFW Post 3360 – 221 North Clinton Street - Defiance,
Layne requested a motion to adjourn this meeting of may 23rd,
Timothy J. Houck,