DEFIANCE TOWNSHIP TRUSTEES
The Defiance Township Trustees met in regular session at VFW Post 3360
in Defiance Township, Defiance, Ohio,
on Tuesday May 29th, 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.
Other(s) present were: Charles Bakle 1204 Wayne
Street, Mark Rau 21880 Parkview drive, Mike
& Sandy Simon 2240 Power Dam Rd, Mary Ankney 19133 Hammersmith rd, Hollie Snyder 855 Washington Ave.
Defiance, Ginny Wiseman 21369 Hammersmith Rd
& JoEllen Houck of 8 Deville Drive, Defiance,
ORDER OF BUSINESS NO. 1
Review and approval of minutes
of the previous session.
Chairman Layne requested a motion
for the approval of minutes from the April 24th,
SECOND: Dan Peck
MINUTES were approved for the April 24th,
OF BUSINESS NO. 2 - citizens concerns
1) The chair asked for
citizen concerns from the floor.
Mike Simon of 2240 Power Dam Rd was recognized.
Mr. Simon informed the Trustees that he was aware that the “septic system”
rules adopted by the State which became effective in March of this year had been rescinded
by the State legislature after some intense lobbying by those opposed to the rules. (many
realtors and home owners in the rural area said that the new septic rules were so
expensive that costs for construction made home building impractical.
Lot sizes could not contain both the house and the system)
Mr. Simon said he was sure that the
state would return to the old law and that he was positive that the old septic systems
leaked which is why they new rules were first adopted.
He was concerned with this pollution.
He suggested that the Trustees keep their options open and should instruct the
State or pass local code in the Twp zoning codes to require new construction to have
“electric burn” toilets. This is being
done in many countries and is very effective for dealing with human waste.
Simon suggested that the Zoning Inspector and the Trustees research this on line at
The chair thanked Mr. Simon for his
input and asked if there were any other citizen concerns at this time.
Mrs. Ginny Wiseman 21369 Hammersmith Rd was recognized.
Mrs. Wiseman asked about the status of Mary Ankney (Mrs. Wiseman is the daughter of
Mrs. Ankney is the former Twp Cemetery Sextant.
Mrs. Ankney is now retired.
OPERS & Downes and Hurst, a legal firm hired by the Twp to investigate the
retirement, was to determine whether or not the Twp had paid the proper payment into Mrs.
Ankney’s retirement account. Under a Twp
work agreement, Mrs. Ankney received retirement credits for months in which she did not
work but was paid a stipend. The agreement to
pay Mrs. Ankney for a month’s service in which she did not work was ruled improper by
OPER’s. The legal firm was hired on
recommendation of the Def. Co. Prosecutor’s Office. See past minutes March 06 to April
07 for details.
All Trustees noted that they had just received a copy of a letter from opers listed
as exhibit 7-a in this meeting’s agenda. Said
exhibit noted that Mrs. Ankney’s time has been adjusted and Mrs. Ankney’s overpayment
by the Twp to her retirement account had been refunded to the Twp.
Mrs. Wiseman asked if the Twp was now
finished with Downes and Hurst.
All Trustees noted that they have not been contacted by the Twp legal rep.
The clerk noted that upon receipt of the exhibit he had e mailed Downes and Hurst
and asked for a response noting if they had any more work on this issue to perform and if
it was complete to so inform the Twp.
Mrs. Wiseman then asked if there were
any other issues remaining outstanding with Mrs. Ankney.
All Trustees and the clerk noted that they had not been contacted relative to the
status of the investigation by the Prosecutor’s Office.
The Chair again thanked Mrs. Wiseman for her inquiry and asked if there were any
other citizen’s concerns.
There were none.
ORDER OF BUSINESS NO. 3 -
following financial reports provided to the Board were reviewed.
The April monthly Reconciliation – noted a primary checking reconciliation
balance of $95,663.33 as of April 30th, 2007…..
balance is minus the outstanding checks.
Receipt & Payment reports
for May were $20,194.48. Payments for May
(bills & payroll) totaled $6,468.59.
The Cash fund summary through May 31st,
2007, showed an “ending cash
balance” of $563,885.75.
The unencumbered cash balance “cash available” was $424,662.48 which is the
balance after encumbrances are subtracted from the cash balance.
Appropriation Status showed that through May 31st, 10% 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.
The fund status report showed:
The money market balance of 5-26-07 was $453,135.73.
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.
SECOND: Dan Peck
OF BUSINESS NO. 4 Township Zoning
Trustees discussed the proposed appointment to fill an alternate position on the
Twp Zoning Commission.
Mr. Layne presented John Marcellus of
14192 St. Rte 111, Def, Ohio at the April
session to fill the unexpired term of Mr. George
Decker. Decker had resigned.
Mr. Layne asked if there were
objections or any other person that the Trustees wished to submit for discussion?
There were no additional names submitted.
Mr. Layne asked for a motion to
appoint Mr. Marcellus.
was moved by: Richard Ankney to
appoint Mr. Marcellus to the Zoning
Commission as an “alternate”.
Seconded by: Dan Peck
clerk will prepare a letter informing Mr. Macellus
of his appointment to fill the unexpired term of Mr. Decker. That term runs out 12-31-08.
Monthly report - Inspector’s Report
- Mr. Jim
Schlegel - Defiance Township Zoning Report May 2007
Larry Mick Krouse Rd out Building permit issued.
Steve Chandler Bowman Rd Out building permit issued
Knight Hammersmith Rd Addition permit issued
Shinninger Kiser Rd debri clean up has started still pending
Polling Bowman Rd out building still pending
Baden outbuilding Powers Rd still pending
Voirol Harding Rd S&W site review done;; permit pending -
Question on river setback?
viii) Rosebrock Pond Harding Rd S&W done permit
OF BUSINESS NO. 5 --
The chair asked for comments or concerns from Twp employees on current or proposed
There was none.
Trustees then discussed the progress towards the disposal of the Twp 1969 Galon 503
This issue was first reviewed in the April session.
The Clerk noted that the “draft” public notice approved in the April session
will be run with a reserve on the eq of $4,000 as provided by Trustee Ankney in early May.
Further, the clerk stated that any bids received will be reviewed in the June
meeting. After the bids are publicly reviewed
then the Bd may except bid increases during the session in which the bids are reviewed as
stated in the Public notice.
The award to purchase can then be made immediately if desired by the Trustees.
The chair asked if there were any other equipment issues to be discussed.
There were none.
OF BUSINESS NO. 6 - Trustee Report – Monthly Twp Rd inspection
Trustees reviewed (exhibit 6-a) – the monthly Twp Rd inspection report.
Trustees Layne, Peck & Ankney made the monthly rd inspection which noted need
for some repairs and berming. This was
presented to the Twp employees as a work order for June 07.
The Clerk updated the Trustees on the existing road projects
Kiser Rd project (1 full mile from Keller to Canal) – to be done in 2008.
See minutes forward from the Jan 07 session for project details.
This item will remain on the agenda until completed
There was no additional discussion.
Indian Bridge Lane (06 const of storm sewer and re-grade to address standing water)
See agendas of April 06 through Sept 06 for project details
As of this session the project work is complete including the seeding which was
done the week of 5-14 by Muntz landscaping of Holgate, Ohio, the bid amount was $1870.
The twp awaits the bill.
Trustee Layne said he was contacted by Richard Lano – 56 Charnell Dr just off
Indian Bridge lane – ph 419-784-1091 Charnell
Dr is a private rd. Mr. Lano called Mr. Layne
with several concerns;
Lano complained about an area of the road near his mailbox (Charnell Driver which
is off Indian Bridge Lane); Lano also a
complained about the condition of Indian Bridge lane.
Mr. Layne said he called the clerk and directed Houck to acquire a drawing showing
the subdivision and which gov’t entity has responsibility –exhibit 6-b was
This exhibited noted that Charnell Drive is a “private drive” and the landowner
is responsible for it condition. Mr.
Layne also contacted the County Commissioners Office as that office contracted for
the Rd work on Indian Bridge Lane.
Mr. Lano was informed that his
concerns were not caused by the project and the road he calls Charnell Dr is his private
drive for which he bears responsibility.
It was again noted that
in the Jan 07 session the Trustees had instructed the County Engineer to coordinate two
road projects in 2007 – see mins of that
session for details.
Project 1 is - Indian bridge lane 2007 chipseal project - $4,224.86 previously
estimated at $3,240.42; and
Project 2 is - Hammersmith rd patches - $15,003.06
previously estimated at $10,242.51
Total project cost for road surface repairs = $19,227.92
It was noted that in the April Twp meeting the county engineer’s will post
a portion of the project costs to an issue 2 grant for Def Twp in 07.
All paper work is complete and the Twp awaits the completion of the projects and
final billing from the Co engineer’s Office.
Trustees decided in the Feb session to have the Defiance Co Engineer place a drain
tile under Bowman rd & the Paulding Co Line road in 2007
this project is – per Mr. Layne – on hold due to it’s expense.
The project was believed to need a 40” drain tile but engineer’s note that a
60” title is necessary.
Initial cost estimate was approx $10,000 the new cost est is over $20,000.
There was no further discussion.
The chair asked if there was any other possible road projects?
It was noted that a tile failed on Ball road across from the Paul Woodring
residence. Twp crew was instructed to repair
or replace this cross over tile.
Again the chair asked if there was any other possible road projects?
No other items were offered for discussion at this time.
OF BUSINESS NO. 7 - Personnel
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.
The Twp is in receipt
of a notice from OPERS that Mrs. Ankney is officially on retirement – see exhibit
Discussion of this
issue during this session was noted under citizens concerns.
There was no discussion on this issue by the Trustees
OF BUSINESS NO. 8 – Handouts
were distributed as noted below:
The monthly (May 07) GrassRoots clippings – exhibit 8-a; and
Exhibit 8-b – which was an invitation to the Trustees and Twp employees to the
annual Stoneco customer appreciation cookout at the Stoneco stone quarry in Paulding
OF BUSINESS NO. 9 - Old Business
Trustees reviewed and discussed the process to renew the Twp fire levy.
In Nov 06 Trustees moved to place a “replacement levy” on the Nov 07 ballot.
Mr. Peck is collecting data to
negotiate with the City of Defiance on a possible contract renewal or to recommend to the
Trustees an alternative service provider.
Mr. Peck said he was now pretty much convinced that the current agreement is fair
and will discuss with the city if approved by the Trustees new pricing when the proposed
levy is either passed or rejected by Twp voters this November.
During the April session Trustees passed a “resolution declaring it
necessary to levy a replacement 2.0 mil tax levy and requesting the county auditor to
certify the total current tax valuation & the dollar amount of revenue that would be
The fiscal officer was recognized and stated that the Co Auditor has certified the
“Certificate of Estimated Property Tax revenue”. Trustees were provided with exhibit 9-2-a which was the
auditor’s certification of revenue in the amount of $74,000.
The fiscal officer/clerk also noted that the prosecutor’s office had provided
draft ballot language for the Trustees and the county board of elections & a public
notice & an acknowledgement letter from the Bd of elections to be signed by bd
employees when delivered to their office. The
Trustees must now adopt attached resolution 2007-10 to continue the process.
The chair asked if there was any further discussion??
Mike Simon of 2240 Power Dam Rd asked to be recognized.
Mr. Simon wanted to know if the Trustees had considered passing legislation to
recover the $30 per run charge by the city to the Twp for rescue runs from the people that
receive this service.
Trustees stated they would
look into this, but that the Twp residents are taxed for this service.
It is possible to recover the charge but all citizens who receive the service would
have to be billed, thus including those twp residents already paying a tax for the fire
and rescue service.
The chair thanked Mr. Simon
for his suggestion and advised that the Trustees will continue to study the matter.
The Chair then asked for a motion to adopt resolution 2007-10 (exhibit 9-2-b)
– “Submitting to the electors of Defiance Township Pursuant to Revised Code Section
5705.19 the question of a replacement 2.0 mill tax levy for the purpose of fire/ems/rescue/ambulance
was moved by: Richard Ankney to
adopt resolution 2007-10.
It was seconded by: Dan
The Trustees then reviewed the Sponseller Rd flooding issue – BeeTree ditch clean
It was noted that the Clerk reported on this project in the March session.
Soil & Water is to update Trustees later this year possibly in June.
This item will remain on agenda until
soil and water plans on doing the
upper end of the ditch in 2007.
Lower portion under a grant for work in 2008.
The clerk was instructed to contact Soil & Water to see if they could attend
the June Twp meeting to provide an update.
Twp records – storage/security was then discussed.
This issue was first noted in the re-organization session – see re-org mins for
Twp records are under lock & key at B & B Store & Lock @ 1535 Ottawa
Ave – Def for $35 per month
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 had instructed the clerk to contact the prosecutor’s office to determine
if a public bid process had to be used to build on this addition or could the project
simply be assigned to the Twp crew.
There was a concern about the total dollar cost of the project which might require
a public bid.
Construction of a room onto the building by extending the building’s south side:
The shell and foundation of a 24 x 32 room could be constructed by Twp personnel
for approximately $10,000.
This includes labor & materials (walls, roof, windows, door & electric
The chair asked if there was any other old business.. none was brought forth.
ORDER OF BUSINESS NO. 11 - New Business
Trustees reviewed Exhibit
10-a, a letter from the County Prosecutor’s office.
This letter details impact of HB 694 adopted with an effective date 4-4-07.
the Bill places limitations on campaign contributions from contractors of over
Also attached was an “application of compliance form”. Any business or corporation that the Twp enters into a contract for
work exceeding $500 in cost must fill out the form.
Disposal of Twp
Mr. Layne asked that
the Trustees decide if it is appropriate for the Twp to sell its 1 acre more or less of
property which is located on Harding Rd. exhibit
10-b detailing the property was distributed.
It was determined that
should the Trustees concur with a proposal to sell the property, the clerk will contact
the Prosecutor’s office for direction on how to proceed.
layne asks for a motion to sell said Township property as described in exhibit
was moved by: Dan Peck to adopt
was seconded by:
The motion passed. The
clerk will confer with the Prosecutor’s Office for the proper procedure to sell this Twp
At Mr. Ankney’s request the clerk provided the Trustees with exhibit
10-c. This exhibit is a news article
noting the State has rescinded new septic system rules.
These rules were reviewed with all Twp Trustees at the March Co Trustee Association
meeting. The review was provided by the Health dept.
The new rules created a furor with land owners and buyers alike as the set backs
and other requirements made building a home in the rural area very expensive due to the
amount of land needed for the home and the required sewer system.
exhibit 10-c “new article” confirmed this position as the state rescinded those
rules. The old “prior to March 07” are
now once again in force.
Mr. Layne asked for
comments or discussion
See comments of Mr.
Simon under citizens concerns section of this minute.
Mr. Layne asked if there was any further discussion on this issue.
There was none.
Exhibit 10-d was then
reviewed. This was a notice from the Toledo
Edison company of a proposed rate increase. Edison is filing for an increase in distribution rates, however, they
suggest that this average of a 10% increase would be off set by the elimination of certain
charges related to electric restructuring in Ohio.
Should the Trustees object you are to call PUCO.
There were no additional comments.
Rau property – right of way abandonment request.
Exhibit 10-e was an aerial map from the Co engineer’s office showing the
Power Dam subdivision. There is a section of
right of way highlighted which was to be a road but was never built.
The property owner is requesting abandonment.
Trustee Ankney was advised by the Co Engineer to review this request at a trustee
meeting and if the Trustees concur to send a letter of concurrence to the County Board of
The Commissioners are the authority which approves right of way abandonment.
Mr. Layne asked Mr. Rau to explain the
need and show the Trustees the location on the aerial map.
Mr. Rau pointed out that the area of
roadway is undeveloped.
Mr. Layne asked for a motion to
support the property owner’s petition for abandonment of the right of way.
was moved by: Richard Ankney to support the property owner’s proposal for abandonment.
was seconded by:
The motion passed. The
clerk will write a letter of support for the abandonment to the County Board of
The chair asked if there was any other business to come before the
Board. There was none.
VFW Post 3360 – 221 Clinton Street - Defiance,
Layne requested a motion to adjourn this meeting of April 24th,
It was moved by:
SECOND by: Mr. Peck
roll was called and the vote was:
The motion: Passed