November 27th,  2007 MEETING

The Defiance Township Trustees met in regular session at VFW Post 3360 in Defiance Township, Defiance,  Ohio,  on Tuesday,  November 27th,  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, – Township employee,  Ruth Ann Schofield 15968 Campbell road (twp zoning appeals board member) and James Schlegel (zoning inspector) – 220 Pinewood.


Other(s) present were:  Charles Bakle 1204 Wayne Street, Verlin Barth (owner of Barth Builders 1550 Ottawa Ave Def.)  and JoEllen Houck of 8 Deville Drive, Defiance,  Ohio. 



Review and approval of minutes of the previous session.

a)            Chairman Layne requested a motion for the approval of minutes from the October 30th, 2007 session. 


MOTION:  Richard Ankney

             SECOND:    Dan Peck                                                                                                        

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

The MINUTES for the October 30th,  session were approved.   

ORDER OF BUSINESS NO. 2 -  citizens concerns

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

i)      Verlin Barth of Barth Builders was acknowledged.  Mr.  Barth stated he was told by the City of Defiance to seek rezoning on a parcel of land he owns which is in the Township and is currently zoned Agricultural.  He intends to develop the parcel and then seek annexation into the City. 

ii)   Mr. Barth was directed by the Trustees to meet with the Zoning Inspector to secure the proper direction.  The Zoning Inspector will then provide details to the Trustees and set up any necessary Zoning Board or Commission meetings. 



The following financial reports provided to the Board were reviewed.

a)   The October monthly Reconciliation – noted a primary checking reconciliation balance of $188,324.91 as of October 31st,  2007….. balance is minus the outstanding checks and Township investment funds. 

b)   Receipt & Payment reports

i)      Receipts for November were $21,279.89.  Payments for November (bills & payroll) totaled $19,101.70.   

c)   The Cash fund summary through November 30th,  2007,  showed an “ending cash balance” of  $722,663.45. 

d)   The unencumbered cash balance “cash available” was $617,285.32 which is the balance after encumbrances are subtracted from the cash balance. 

e)            Appropriation Status showed that through November 30th,  25% 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.  All reports will be on file in the Clerk’s office.

f)    The fund status report showed:

i)      The money market investment fund balance as of 11-30-07 was $532,160.35.

g)   The fiscal officer was recognized and reported on a 2007 budget “amended certificate;

i)    the Township must amend its 2007 “certificate of revenue” to account for the Issue2 – LTIP funds assigned to the Township by the County Engineer for work on Indian Bridge Lane and Hammersmith Roads.  (refer to your Engineer – Township meeting packet of January 2007).

(1)            the beginning year “amended certificate”  approved by the County auditor was for $779,801.90 dated January 8th,  2007.

(2)            The grant funds were posted to the 4401 “Public Works Commission Project” fund line. 

(a)      The grant was for $16,067.  these funds were used on the Township’s behalf and did not pass through the Township’s accounts.  Trustees were provided with exhibit 3-g an amended certificate request  #1 dated 11-25-07 which was sent to the co auditor for processing.

(b)      Per the ORC and Co. Auditor -- funds used on the Twp’s behalf must be posted to the Twp’s acc’ts.


Chairman Layne requested a motion to increase the revenues and the appropriation of the Township’s accounts by the $16,067 posted to the 4401 fund line of the Township as required by law.     


MOTION:  Richard Ankney

             SECOND:    Dan Peck                                                                                                        

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

The motion to amend the Twp funds was approved.   


h)            Trustees then reviewed (in exhibit 3-h) the 2008 Twp estimated revenues to Co Auditor.  

i)      The amount as provided by the fiscal officer was for $310, 150 or just less then $7,000 more than anticipated in 07.


i)    Bonds for elected officials for terms beginning 2008 were discussed.

i)      The Trustee’s bond is for $5,000 and is free through the Ohio Plan

ii)      Fiscal officer’s is $912 through the Ohio Plan -- See exhibit 3-I on file with this meetings minutes. 


j)            Trustees then reviewed the bill for membership for the Defiance County Township Association for 2008 – the bill was presented as  exhibit 3-j.  The fiscal officer noted that this bill requires a motion.


Chairman Layne requests a motion to pay the Township’s membership fees associated with the County and State Township Associations.  The amount is $45 per member (4 x 45 = $180).


MOTION:  Richard Ankney

             SECOND:    Dan Peck                                                                                                        

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

The motion to pay the State and County Twp Association membership fees was approved.     


k)   The County Treasurer provided Trustees with a notice of two estate tax settlements being probated.  Exhibit 3-k

i)      Dated nov 3rd

(1)            For $4491 and;

(2)            For $22.14

(3)            The twp receives 80%


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


m)  payroll for November was then reviewed and checks signed by the Trustees.


n)   As discussed in the October and Sept meetings the bi-annual Twp audit has been completed by State Auditors.  Trustees participated in the exit audit review with auditor Linda Maag.

i)      From this audit there remains several issues which remain to be addressed by the Trustees:

(1)            Time cards for Trustees assigned to the road acc’ts.

(a)      According to the State Auditor, if Trustees continue to be paid from road fund accounts then Trustees must fill out time cards documenting hours spent on work relative to roads.

(b)      or if no documentation is provided then Trustees pay must be posted to the general fund.

(i)            There was no action taken.  The fiscal officer will set up the pay acc’t in the Twp general fund for all three Trustees starting in January 2008.

(2)            The second item is the Pay ins of zoning fees collected by the Zoning inspector:

(a)      Again, according to the State Auditor fees collected by the zoning inspector must be turned into the fiscal officer with in three days of the date collected (if the Trustees approve a 3 day waiting period) otherwise the zoning inspector is to turn in the fees collected within 24 hours.

(b)      Mr. Schlegel was present and noted he has been turning in the fees at the monthly meeting for several years.

(i)            He was informed that the Twp management letter had this note in the last audit and again in this most recent audit.

(ii)            Mr.  Schlegel said he would work with the fiscal officer.

(c)      There was no further discussion.

Mr.  Layne requested a motion to accept the November financial reports.   


MOTION:  Richard Ankney

             SECOND:    Robert Layne                                                                                                       

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

The November financial reports were approved.


ORDER OF BUSINESS NO. 4 – Zoning - Status update on the following zoning Issues as of this session:  

a)           Monthly report  - Inspector’s Report -  Mr.  Jim Schlegel - November 2007

i)      Sent in Year End Report to Ohio Department of Development

ii)      Remodeling Home SR 111 Permit Issued

iii)      Visited three other sites,  reviews Pending


b)           Chairman Layne asked if there is any other zoning issues to come before the Board?  There were none.


ORDER OF BUSINESS NO. 5 --  Equipment;  

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

i)    Mr.  Diemer was recognized and noted that there are outside security lights burned out at the Township maintenance building on Hammersmith road.  He stated that several of the lights need replaced.  These are 175 watt units.

ii)      Trustees directed Mr.  Diemer to get replacement lighting from a local vendor (Menards, Lowes etc)  Diemer is to place the lights at the entrance to the building also near the salt shed but not on the west side of the building as neighbors in the area have in the past complained about the bright glare of the lights at night. 

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


a)   The Trustee Monthly Twp Rd inspection report, exhibit 6-a as completed by Trustees Layne and Ankney was reviewed.

i)      The Twp crew was provided a copy and instructed to complete the work as noted.

ii)      The December - Rd review will be made by Mr. Peck.     


b)   Up-date on 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)            From the Oct 07 session as directed the Co Engineer’s Office is negotiating to acquire right of way as needed for this project.

(3)   Upon completion of this process the Engineer will report to the Trustees and seek approval to continue with the project. 

(4)   At this time anticipated expense is to be between $340,000 and $380,000

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


c)   the Chair asked if there were other possible road projects???

i)      Mrs. Ruth Ann Schofield was recognized.  She stated that a Mr. Ben McClarn of 210 Lakeview Drive (419-393-4879) complained to her that Lakeview road is deteriorating and is need of repairs.

ii)      Trustees assigned Trustee Ankney to contact Mr.  McClarin and to view the road to assess any immediate need.

d)            Sponseller Rd flooding – BeeTree ditch clean out-rebuild. 

i)      See minutes of past meetings from March 07 to present for details.

ii)      Upper section to be addressed by Def. Co. Soil & Water in the fall of 07.

iii)      The lower section to be addressed with a grant applied for by Soil & Water and anticipated in 08.

iv)   As of the Oct 07 session:

(1)            The county engineer is reviewing the issue of drainage of Sponseller from west to east to get storm water to Bee Tree ditch.  The engineer is to report to the Trustees on a proposed project when all data is collected.

(2)            The ditch project is slated to be completed in 08.  the Trustees have agreed to address the drainage issue in this same time frame.

(3)            There was no further discussion on this project in the November session.


v)      there were no other projects discussed.


ORDER OF BUSINESS NO. 7  - Personnel    

a)   The Chair asked if there were any issues to be discussed?

(1)            There were none.

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

a)   The Monthly (November 07) GrassRoots clippings was distributed as exhibit 8-a

ORDER OF BUSINESS NO. 9 - Old Business 


a)   The Chair asked if there was any old business??

b)   There was none brought forth.


ORDER OF BUSINESS NO. 10 - New Business 


a)   The Chair asks if there is any new business to come before the Board?

i)      There was none.

12)               NEXT MEETING:

Date:         Tuesday December 17th,  2007 

Time:                     7:30 p.m.

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


Mr.  Layne requested a motion to adjourn the meeting of November 27th,  2007 

It was moved by:  Mr. Peck 

                        SECOND by:    Mr. Ankney  

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