May 29th,  2007 MEETING

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,  Ohio. 



Review and approval of minutes of the previous session.

Chairman Layne requested a motion for the approval of minutes from the April 24th,  2007 session. 

MOTION:  Richard Ankney

             SECOND:    Dan Peck                                                                                                      


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

The MINUTES were approved for the April 24th,  2007 meeting.

ORDER OF BUSINESS NO. 2 -  citizens concerns

1)   The chair asked for citizen concerns from the floor. 

a)   Mike Simon of 2240 Power Dam Rd was recognized.

i)    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he was aware that the “septic system” rules adopted by the State which became effective in March of this year had been rescinded by the State legislature after some intense lobbying by those opposed to the rules.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)

ii)   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.

(1) 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.

(2) Simon suggested that the Zoning Inspector and the Trustees research this on line at  www:imcimolet.com.


b)   The chair thanked Mr.  Simon for his input and asked if there were any other citizen concerns at this time.

c)   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).  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. 

i)    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. 

(1) Mrs.  Wiseman asked if the Twp was now finished with Downes and Hurst. 

(a) All Trustees noted that they have not been contacted by the Twp legal rep.

(b) 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.

(2) Mrs.  Wiseman then asked if there were any other issues remaining outstanding with Mrs. Ankney. 

(a) All Trustees and the clerk noted that they had not been contacted relative to the status of the investigation by the Prosecutor’s Office.

d)   The Chair again thanked Mrs. Wiseman for her inquiry and asked if there were any other citizen’s concerns.

e)   There were none.



The following financial reports provided to the Board were reviewed.

a)   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. 

b)   Receipt & Payment reports

i)      Receipts for May were $20,194.48.  Payments for May (bills & payroll) totaled $6,468.59. 

c)   The Cash fund summary through May 31st,  2007,  showed an “ending cash balance” of $563,885.75. 

d)   The unencumbered cash balance “cash available” was $424,662.48 which is the balance after encumbrances are subtracted from the cash balance. 

e)            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.

f)    The fund status report showed:

ii)      The money market balance of 5-26-07 was $453,135.73.

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

h)   Payroll for May 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)            Trustees discussed the proposed appointment to fill an alternate position on the Twp Zoning Commission.

i)    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.

ii)   Mr.  Layne asked if there were objections or any other person that the Trustees wished to submit for discussion?

(1)            There were no additional names submitted.

iii)   Mr.  Layne asked for a motion to appoint Mr.  Marcellus.

It was moved by:  Richard Ankney to appoint Mr.  Marcellus to the Zoning Commission as an “alternate”.

             Seconded by:     Dan Peck                                                                                                    

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

The motion passed.

The 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.


b)            Monthly report  - Inspector’s Report -  Mr.  Jim Schlegel - Defiance Township Zoning Report  May 2007

i)      Larry Mick Krouse Rd out Building permit issued.

ii)      Steve Chandler Bowman Rd Out building permit issued

iii)      Knight Hammersmith Rd Addition permit issued

iv)      Shinninger Kiser Rd debri clean up has started still pending

v)      Polling Bowman Rd out building still pending

vi)      Baden outbuilding Powers Rd still pending

vii)      Voirol Harding Rd S&W site review done;; permit pending -  Question on river setback?

viii)      Rosebrock Pond Harding Rd S&W done permit still pending


End report

ORDER OF BUSINESS NO. 5 --  Equipment;  

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

i)      There was none.


b)            Trustees then discussed the progress towards the disposal of the Twp 1969 Galon 503 grader

i)      This issue was first reviewed in the April session.

ii)      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.

iii)      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.

iv)      The award to purchase can then be made immediately if desired by the Trustees.  


c)   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)            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.


b)   The Clerk updated the Trustees on the existing road projects

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

(1)            See minutes forward from the Jan 07 session for project details.

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

(3)            There was no additional discussion.


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

(1)            See agendas of April 06 through Sept 06 for project details

(2)            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.

(3)            The twp awaits the bill.

(4)            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;

(a)      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.

(b)      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 reviewed.

(i)            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. 

1.      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. 


c)   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.

(1)            Project 1 is - Indian bridge lane 2007 chipseal project - $4,224.86 previously estimated at $3,240.42; and

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

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

iii)   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.

iv)      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

(1)            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.

(2)            Initial cost estimate was approx $10,000 the new cost est is over $20,000.

(3)            There was no further discussion.


d)   The chair asked if there was any other possible road projects?

i)    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.

ii)      Again the chair asked if there was any other possible road projects?

(1)            No other items were offered for discussion at this time.

ORDER OF BUSINESS NO. 7  - Personnel    

a)            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)         The Twp is in receipt of a notice from OPERS that Mrs. Ankney is officially on retirement – see exhibit 7-a.

(1)            Discussion of this issue during this session was noted under citizens concerns.  There was no discussion on this issue by the Trustees

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

a)   The monthly (May 07) GrassRoots clippings – exhibit 8-a; and

b)   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 County.

ORDER OF BUSINESS NO. 9 - Old Business 


a)            Trustees reviewed and discussed the process to renew the Twp fire levy. 

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

ii)   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.

(1)            Discussion…

(a)      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.


(2)            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 generated.


(3)            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.


(4)            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.


(5)            The chair asked if there was any further discussion??


(a)      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.

(b)      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. 

(i)            The chair thanked Mr. Simon for his suggestion and advised that the Trustees will continue to study the matter.


iii)      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 services”. 

It was moved by:  Richard Ankney  to adopt resolution 2007-10.   

            It was seconded by:    Dan Peck                                                                                                    

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

The motion passed.


b)   The Trustees then reviewed the Sponseller Rd flooding issue – BeeTree ditch clean out-rebuild

i)    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 completed.

(1)            soil and water plans on doing  the upper end of the ditch in 2007.

(2)            Lower portion under a grant for work in 2008.

(3)            The clerk was instructed to contact Soil & Water to see if they could attend the June Twp meeting to provide an update. 


c)   Twp records – storage/security was then discussed.

i)      This issue was first 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.

ii)      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.

(1)            There was a concern about the total dollar cost of the project which might require a public bid.

(a) Construction of a room onto the building by extending the building’s south side: 

(i) The shell and foundation of a 24 x 32 room could be constructed by Twp personnel for approximately $10,000. 

1. This includes labor & materials (walls, roof, windows, door & electric heat)


d)   The chair asked if there was any other old business.. none was brought forth.


ORDER OF BUSINESS NO. 11 - New Business 


a)            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 $500.

i)        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.


b)           Disposal of Twp property.

i)         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.

ii)         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.

(1)  Mr.  layne asks for a motion to sell said Township property as described in exhibit 10-b.

It was moved by:  Dan Peck to adopt resolution 2007-10.


It was seconded by:             Richard Ankney


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

The motion passed.  The clerk will confer with the Prosecutor’s Office for the proper procedure to sell this Twp property.


c)   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.

i)    Mr. Layne asked for comments or discussion

(1)            See comments of Mr. Simon under citizens concerns section of this minute.

ii)   Mr.  Layne asked if there was any further discussion on this issue.

(1)            There was none.


d)           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. 

i)         Should the Trustees object you are to call PUCO.

ii)         There were no additional comments. 


e)   Rau property – right of way abandonment request.

i)         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 Commissioners. 

(1)  The Commissioners are the authority which approves right of way abandonment.

(2)  Mr.  Layne asked Mr. Rau to explain the need and show the Trustees the location on the aerial map.

(3)  Mr.  Rau pointed out that the area of roadway is undeveloped. 

(4)  Mr.  Layne asked for a motion to support the property owner’s petition for abandonment of the right of way.


It was moved by:  Richard Ankney  to support the property owner’s proposal for abandonment. 

It was seconded by:            Dan Peck  


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

The motion passed.  The clerk will write a letter of support for the abandonment to the County Board of Commissioners.


The chair asked if there was any other business to come before the Board.    There was none.


12)       NEXT MEETING: 

Date:               Tuesday June 26th,   2007 

            Time:               7:30 p.m.

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

Mr.  Layne requested a motion to adjourn this meeting of April 24th,  2007 

It was moved by:  Mr. Ankney 

                        SECOND by:    Mr. Peck  

The roll was called and the vote was:                                                                                                    

YEA(s) 3         NAY(s) 0          The motion:     Passed              X                    Failed


Respectfully Submitted

  Timothy J. Houck,  Clerk