November 28th,  2006 MEETING


The Defiance Township Trustees met in regular session at VFW Post 3360 in Defiance Township, Defiance,  Ohio,  on Tuesday November 28th,  2006 at 7:30 p.m.  Following the Pledge of Allegiance the Chair instructed the clerk to call 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.


Township employees present were: John Diemer – 23361 Defiance-Paulding Co Line Rd,  James Schlegel (zoning inspector) – 220 Pinewood Ave., & Joe Kolb 16492 Cullen Rd.  


Visitors present:   Mr. Charles Bakle Jr. – 1204 Wayne St.,  Ruth Ann Schofield 15968 Campbell Rd,  Brad Short of Liechty Farm Eq – Archbold, Ohio,  Defiance Fire Chief Mark Marentette & JoEllen Houck of 8 Deville Drive,  Defiance,  Ohio.       




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


Chairman Layne asked if there were any corrections or deletions.  There being none offered, Mr.  Layne requested a motion for the approval of minutes from the October 31st,  2006 session. 


MOTION:    Richard Ankney


             SECOND: Dan Peck

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


The MINUTES were approved as submitted for the October 31st,  2006 meeting.


ORDER OF BUSINESS NO. 2 -  citizens concerns


a)   There were none.




The following financial reports provided to the Board were reviewed.

a)   The October monthly Reconciliation – noted a reconciliation balance of $484,447.11 as of October  31st ,  2006….. balance is minus the outstanding checks. 

i)      The balance was $13,112.42 less than the previous month’s balance.

b)   Receipt & Payment reports

i)      Receipts for October were $20,038.85.  Bills for October totaled $19,876.11. 

c)   The Cash fund summary through October 31st 2006,  showed an “ending cash balance” of $484,609.85. 

d)   The unencumbered cash balance “cash available” was $409,629.70 which is the balance after encumbrances are subtracted from the cash balance. 

e)            Appropriation Status showed that through October 31st, 35% 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 October 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. 4 Township Zoning 


a)           Zoning Inspector Schlegel was recognized and informed the Trustees that both the Twp Appeals Bd and Zoning Commission will meet on December 19th.

i)      The Appeals Bd will meet at 6:30 p.m. to hear a request for a conditional use to build a new home.

(1)            The request was made by Chris Fisher for property on Krouse rd.

ii)      The Commission will meet at 7 p.m.

(1)            The request was made by Jerry Baden for property on Powers rd for a rezoning from ag to r-1 (residential)

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

i)      Mulinix Hammersmith Rd 70 X 30 Barn Permit Issued

ii)      Chris Fisher Powers Rd Rezone AG to Conditional Use R1 – Submitted

iii)      Robert Eitniear, Bowman Rd Form D to Health Dept ref. Septic System for Camp Site.

iv)      Jerry Baden Powers Rd to Rezone AG to R1 Submitted

v)      Ted Brown Powers Rd Site Review for AG out building. On Hold

vi)      Steve Yaros, Sponseller Rd Out Building Permit Issued.

vii)  Eric Gerber Sign removal he advised he will move sign this week

viii)      Received Paper Work from Ohio Department of Development Requesting info on all New Homes & Demolitions, I will submit.  This will enable the Township to receive their fair share of Government Funding & Grants.October 2006

End of report.


ORDER OF BUSINESS NO. 5  - Equipment


a)   Comments or concerns from Twp employees on current or proposed new eq.

i)      Twp crew noted that the Twp’s ford tractor needed an oil change and service

b)   The clerk reported on the purchase of new Twp copier – Ricoh 3025.  As instructed by the Trustees in the Sept 06 session the clerk ordered the copier from JBS.  Cost of the copier was $4,200.  the unit was delivered 11-22-06.

i)      Trustees inquired as to the location of the old copier.  They were informed that the Twp crew picked it up from the clerk and it is stored at the Twp maintenance building on Hammersmith rd.  The unit will be sold at public auction in the spring as part of the items sold when the County conducts its auction.

c)   License plates for mowing trailer – “Carry-on” trailer purchased from Tractor supply in the early fall of 06.

i)      The clerk reported that the gratis plates were received from ODOT and provided to the Twp crew just before this meeting.  The plates are to be placed on the trailer.

d)   Sales presentation

i)     Brad Short – Liechty Farm EQ – Archbold.  419-572-1493 was present and was recognized by the chair.

(1)            Mr.  Short asked that his company be considered when the Twp purchases new equipment that his company sells.

(2)            Short noted that his company has stores in Archbold and Paulding and their equipment is mostly part of the state bid process so state pricing is in effect for any Twp purchase. 

(3)            Short also noted his company has a well deserved reputation for service and reliability.

(4)            A sales brochure was distributed to the Trustees.


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


a)   The monthly Trustee road Report was discussed.

i)      The November road inspection was conducted by Trustee Ankney…and distributed as exhibit 6-a

(1)            Normal berm maintenance was noted

(2)            It was also noted that Paulding Co Eng is replacing a bridge on the Paulding Defiance Co line rd

(a)      Part of this road is in Def Twp and the closure impacts traffic pattern in the area

(3)            Mr. Peck has the December inspection.


b)            Trustees then discussed existing road projects

i)      Kiser Rd project in 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 06 session was $380,972.00

(3)            fiscal officer continues to note that 07 timeframe may not be fiscally possible

(a)      as of this session there is approximately $145,000 available based on receipts vs anticipated expenses for remainder of 06)

(b)      Tjh has contacted the Engineer’s office to acquire an informal new cost estimate as directed by the Trustees in Sept’s session.  The cost estimate is requested based on the recent reduction in oil prices.

(i)            exhibit 6-b-3-i for 1 mile expense  was distributed

1.      cost est for the mile is $354,135 which is approximately $30,000 less than the Jan est

2.      Exhibit 6-b-3-ii for .5 mile expense was distributed

a.            Cost of the .5 mile was 191,785.00 which is approximately  $14,000 less then the Jan est

(4)            regular updates will be provided


ii)      Indian Bridge Lane

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

(2)            Project work is complete except for seeding.

(3)            per Trustees directions in the August 06 session the clerk has contracted the seeding bid to Muntz landscaping of Holgate,  Ohio, the bid amount was $1870. 

(4)            Muntz was contacted by clerk at Trustee direction in the Oct session…he is to contact the clerk when seeding is complete.  Due to rain and ground conditions it may be spring of 07 before this is seeded.

(5)            Mr. Peck again raised the concern that it was his belief that the seeding could have been put in place by now.

(a)      Both Mr. Ankney and Mr. Layne disagreed and noted the ground needed to be worked up and that it has (in their opinion) been to wet to do this.  They are ok with the work being done at the first opportunity in the spring of 07.


c)   The annual ODOT Twp hwy certification of miles for 06 was distributed as – exhibit 6-c – Trustees reviewed and signed the report which is to be submitted to the County Engineer.  The Engineer will sign and submit the report to ODOT and provide the Twp with a copy for its records. 


d)            Trustees then reviewed information provided by the County Engineer noting that a new road has been constructed and dedicated to Def Twp.  Notice from County Engineer was distributed as exhibit 6-d

(1)            The exhibit included a County commissioner resolution and drawing of the road  which is named “Procom Drive.”   It is approximately 320 feet and is on the north side of Baltimore Ave (St Rte 424) just west of Eric’s Ice Cream.  At present the road provides access to the “Ohio License Bureau Office” serving Defiance.

e)   The Chair asked if there were any new road projects???

i)      There were none.


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.  There were no comments regarding this issue.


ORDER OF BUSINESS NO. 8 –  Hand outs


a)            Monthly (November 06) GrassRoots clippings – exhibit 8-a was distributed.


ORDER OF BUSINESS NO. 9 –  Old Business


a)            Renewal of Twp fire levy was reviewed.

i)      The clerk reported that the County Auditor’s Office said that the first eligible ballot time is Nov 07

ii)   Mr.  Peck had previously requested data on number of runs made in our Twp for 04, 05 and 06 to date – exhibit 9-a-ii was distributed and reviewed which addressed these questions.  The information is on file in the clerk’s office with the minutes.

(1) Mr.  Peck provided web site data on charges for this service that other communities were paying

(2)  Exhibit 9-a-1 Canton ohio news article

(3)  Exhibit 9-a-2 Stillwater, Oklahoma

(4)  Exhibit 9-a-3 Maumee,  Ohio 

(5)  Exhibit 9-a-4 general information

(a)      All exhibits are on file in the clerk’s office with the minutes.

iii)      The Chair asked for comments or discussion.

iv)  Mr. Peck asked Chief Mark Marentette what he believed the cost was to provide the service to Def Twp.  Mr. Peck noted that there is no consistent number of runs into the Twp on a yearly basis. 

(1)            Chief Marentette – stated that he doesn’t negotiate the service contracts so he can’t speak accurately on that topic.  He noted that the City must maintain and have equipment on standby whether or not the Twp contracts with Defiance City.  It was the Chief’s belief that the contract price is much less expensive than if Def Twp had to maintain its own fire/rescue department.

(2)            He also noted that the city is trying to blend services with a-joining Twps that have fire and or rescue services of their own.

(3)            Chief Marentette also noted:

(a)      that on each run at least one “advanced life support trained person” is sent out.

(b)      The city has a record of a good response time on call outs

(c)      The city station is manned 24-7


v)   Mr. Peck asked if the City reaches the current contract price by simply looking at what the fire levy brought in on an annual basis?

(1)            Chief Marentette said he didn’t know.

(2)            Mr. Bakle – former Trustee – asked to be recognized.

(a)      Bakle said that he believes that is exactly how the city set the rate.

vi)      Trustees assigned Trustee Peck to discuss costs and charges to the Twp for a possible extension of the contract should the levy be renewed.

vii)  Mr.  Layne noted that without the levy the cost of this service would again be borne by the Twp general fund account.   This account was unable to fund all its other obligations along with fire and rescue before the levy.  He believes it is critical to renew the levy and therefore moved to place the levy on the November 07 ballot as a replacement levy.


MOTION:  Robert Layne


SECOND:  Richard Ankney


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


The motion passed.


a)   The chair asked if there was any old business to come before the Board?

i)      There was none.


ORDER OF BUSINESS NO. 10 –  New Business.


a)   The clerk presented an OEPA advisory on the Def Co Landfill expansion to the Trustees as exhibit 10-a

i)    A public hearing on the expansion application is set for 11-30-06 at the Regional Medical Center in Defiance. 

ii)      Trustees were invited to attend.


b)   The Clerk then informed the Trustees that it was time to review the Twp Ohio Plan – insurance coverage for renewal for 2007

i)      Trustees asked that Conrad Beck, the agent for the Ohio Plan make a presentation

(1)            The clerk is to schedule for jan 07.

ii)   Mr.  Peck asked for a quote from a competitor.

(1)            The clerk will ask OTARMA if they have an interest in quoting. 


iii)  As part of the possible renewal with the Ohio Plan Trustees were to review the Insurance property and vehicle schedules for 07 as provided

(1)            There were no changes from the 06 schedule

iv)      The clerk noted that the premium for 07 was to remain the same as the 06 premium - $5,839.


c)   The Chair asked if there was any other new business??

i)      Zoning Inspector Schlegel asked to be recognized.

(1)            He stated that he wanted direction as to which zoning map he was to work from.  He has two maps.

(a)      One dated sept 05 which was adopted by the zoning commission after three public hearings.

(b)      This map designated r-1 residential  to many areas that had been “conditional use”

(c)      Another zoning map was distributed sept 06

(i)            Ruth Ann Schofield acquired the map from soil and water

(ii)            This map showed the current r-1 area as conditional use areas which was there designation prior to the zoning commission adopting the sept 05 map

(d)      Ruth Ann Schofield was recognized and said the sept 06 map showing “conditional use” should be the map being used.

(e)      The clerk was recognized:

(i)            He noted that the map of sept 05 was adopted and was recorded as the map of record

(ii)            Further, there must be some record of change should the Twp desire to use the map of sept 06 and as the official record keeper for the Twp the Sept 05 map will be maintained as the map of record until a public meeting is held and a change is properly documented.

(f)      Ruth Ann Schofield said she would contact the Prosecutor’s office for review as she is certain that Russ Herman, assistant prosecutor, had told her that the existing (sept 05 map) was not properly adopted.

(2)            The issue was left open until the Twp receives direction from the Prosecutor’s Office.


d)   The chair asked again if there was any other new business? – there was none.



12)       The Township Trustee MEETING:

Date:               Tuesday December 26th,  2006 

            Time:               7:30 p.m.

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



Mr.  Layne requests a motion to adjourn this meeting of November 28th,  2006 


            MOTION:  Richard Ankney


SECOND:  Dan Peck                                                                                                        


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


The motion passed.


Respectfully Submitted


Timothy J. Houck,  Fiscal Officer/Clerk