October 30th,  2007 MEETING

The Defiance Township Trustees met in regular session at VFW Post 3360 in Defiance Township, Defiance,  Ohio,  on Tuesday,  October 30th,  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,  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, Mike Boff of Defiance County Soil & Water,  Warren Schlatter – Defiance County Engineer 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 August 28th,  2007 session. 


MOTION:  Richard Ankney

             SECOND:    Dan Peck                                                                                                        

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

The MINUTES for the September 25th session were approved.   

ORDER OF BUSINESS NO. 2 -  citizens concerns

a)   The chair asked for citizen concerns from the floor.  There were none.



The following financial reports provided to the Board were reviewed.

a)   The September monthly Reconciliation – noted a primary checking reconciliation balance of $98,805.11 as of September 30th,  2007….. balance is minus the outstanding checks and Township investment funds. 

b)   Receipt & Payment reports

i)      Receipts for October were $101,725.20 (the bigger than normal increase was noted as receipt of estate taxes).  Payments for October (bills & payroll) totaled $12,294.13.   

c)   The Cash fund summary through October 31st,  2007,  showed an “ending cash balance” of  $718,079.30. 

d)   The unencumbered cash balance “cash available” was $598,978.06 which is the balance after encumbrances are subtracted from the cash balance. 

e)            Appropriation Status showed that through October 31st,  22% 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 10-31-07 was $529,843.12.

g)   The fiscal officer was recognized and noted in October it was necessary to transfer funds within the Township’s General fund account in order to pay for high speed internet service.  The charge will be $29.99 for the first 6 months (service then becomes standard at $44.99).

(1)            The clerk transferred within the general fund  $300 from tools reimbursement to employee reimbursement – other.

Mr.  Layne requested that the “supplemental Appropriations” report (attachment 3-g of the agenda) be approved.  This report notes the in line transfer of funds within the Twp’ general fund acc’t fund lines in October 07.


MOTION:  Richard Ankney

             SECOND:    Robert Layne                                                                                                       

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

The in line transfer within the general fund acc’t was approved.


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

i)    Payroll for October was then reviewed and checks signed by the Trustees.

j)    The Fiscal Officer was again recognized and noted that as discussed in the Sept meeting the bi-annual Twp audit had been completed by State Auditors.  Trustees participated in the exit audit review with auditor Linda Maag.  Information presented has now been made public and a copy of the audit review has been published to the State Auditor’s web page.  A hard copy of the report was provided to the Trustees as exhibit 3-j.

i)      The Twp’s acc’ts are in good form and only minor adjustments were made to postings.  There were several suggested management changes and no findings.  Recommendations will be implemented as directed by the Trustees.

ii)      Chairman Layne asked if there were any questions.  There were none.

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


MOTION:  Richard Ankney

             SECOND:    Robert Layne                                                                                                       

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

The October financial reports were approved.

ORDER OF BUSINESS NO. 4 – Kiser Road 2nd mile construction

a)            Chairman Layne determined to change the agenda order so as to allow County Engineer Warren Schlatter and Soil and Water’s Mike Boff to address the Kiser road 2nd mile construction project and the BeeTree Ditch maintenance projects at this time.

i)      The Kiser Road project was discussed first.  Mr.  Schlatter was recognized and noted the following:

(1)            The 2nd mile can not be reconstructed exactly like the 1st mile.  This is due to the terrain and the project’s effort to get the road on line with the section line. (the middle of the road is where the section line is to be;  the road will need to be shifted slightly to the south.

(a)      It will be impossible to maintain ditches with a slope that would allow mowing on some of the properties.

(b)      The road will be built to match the line and berm width of the 2004 first mile construction project.  The road will shift slightly to the south as the construction proceeds easterly.  The engineer noted that both that section and the 2nd mile project is not up to standards of 11’ lanes with 2’ berms.  Trustees in 2004 instructed the engineer to build to the lower construction standard.  This decision was reached due to the fact that the township did not have the funds to pay for the project if it had been built to the normal standard.  Building to the normal standard would also have more property from the landowners buttressing Kiser road.

(c)      The Engineer noted that the 2008 project faces the same issue of property needs even with maintaining two 9’ lanes and 2’ berms.  This configuration will required that the Township acquire right of way. 

(d)      If the Township acquires the minimum right of way to accommodate the project (est at about 10’ on both sides of the road) parts of the road will be moved slightly to the south and in those areas more right of way will be needed on that side of the road.  These areas will probably require a tile instead of an open ditch.  (this is different than what took place in the first mile project in 04 when the township did not have the funds to pay for tile.)

(2)            Trustees asked if the County Engineer’s office would perform the task of acquiring the right of way.  The Engineer said yes.  However, there is a cost for this service.  (cost of time of the engineer’s employee).

(3)            Trustees asked what the possess would entail.

(a)      The Engineer responded that they typically offer market value for property, but would first ask for a donation as all property owners would benefit from this project.

(4)            Trustees then asked if we start now can we still do the project in 2008.  The Engineer replied – “yes”.

(5)            The fiscal officer noted that the project (based on the Jan 07 County Engineer estimates) will be achievable but will consume most of the road budgets.


(6)           The Chair asked if there was a motion to direct the County Engineer to secure right of way for this project.


MOTION:  Dan Peck

             SECOND: Richard Ankney                                                                                                       

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


The motion to approve the County Engineer to acquire right of way for the 2nd mile construction of Kiser road was approved.


(7)           It was noted that once the right of way is acquired the Engineer will return to secure Trustee approval to prepare the bid documents and bid the project.


ii)      The BeeTree ditch maintenance project was then discussed.  This ditch which passes through Defiance Township runs from Bowman road to St rte 634 in Paulding County.

(1)            Chairman Layne recognized Mike Boff of Defiance County Soil & Water.

(a)      Mr.  Boff reported that a public hearing had been held on October 30.  Trustee Peck of the Township board had been present.   Citizens residing in Defiance Twp along Sponseller road which drains to BeeTree ditch were distressed, that if the project proceeds as planned, they will be assessed and the flooding problem they have will not be resolved.  This is due to the fact that the Township is responsible for maintaining drainage from the west side of Sponseller road to the east side.  Sponseller at present acts as a dam. 

(b)      Trustees noted that, heretofore,  the Trustees did not address the problem as having done so would not have solved the flooding issue until the ditch (BeeTree) was cleaned.  Now that the ditch is scheduled to be cleaned in 2008 the Trustees are prepared to do drainage work along Sponseller road.

(c)      Mr.  Boff said that the project may receive a grant from the State of Ohio to address the last 1000’ feet of the ditch maintenance project.  The property owners bordering the ditch will pay for the remainder of the project which is estimated at $60,000.

(d)      Trustees then asked the County Engineer how to best address the problem of draining Sponseller road.  This effort will eliminate the flooding which now takes place for the residents of Sponseller road.

(i)            The County Engineer replied that 7 or 8 crossovers would need to be constructed.  He stated that this road is considerably less wide than Kiser.  Sponseller is 33’ wide with berm.  The drainage project may require the acquisition of right of way.

(ii)            Mr.  Boff noted that the Bee Tree project will require an annual maintenance fee.  The Township’s portion of this will be just under $200.

1.      the fees are based on a formula that assesses properties that received the greatest value from the project. (it is not necessarily the amount of frontage along the ditch)

(2) The Chair asked if there was a motion to direct the County Engineer to assess the drainage needs of Sponseller road and report back to the Trustees with a recommendation.


MOTION:  Dan Peck

             SECOND: Richard Ankney                                                                                                       

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


The motion to approve the County Engineer to assess the drainage needs for Sponseller and present a recommendation to the Trustees was passed.

4 Township Zoning


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

i)      Defiance Township Zoning October 2007

(1)            Allan Lange Barn still waiting on Todds excavating

(2)            Amy Kellermeyer Campbell Rd Neighbors junk resolved

(3)            Steve Chandler 22676 Bowman Out Bldg 26x36 $8000 - Permit issued

(4)            Sam Bok Krouse Rd 60X90 Cow Barn Addition $62,000 - Permit issued

(5)            Bill Zirkle 21544 Hammersmith Rd Home Addition 12x25 $25,000 Permit Issued


b)           Chairman Layne asked if there is any other zoning issues to come before the Board?

i)      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)      There were none.

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 November - Rd review will be made by the Board.    


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)            This item was address earlier in the meeting and is noted under order of business 4.

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


c)            McCollister Road repairs.  There are low spots and a couple of crossovers which need additional black top.  Estimated costs are $1,375, this includes a cross over on Wilhelm road.  The project was approved and awarded to Yenser Paving in the Aug 07 session.

i)      The project is complete

ii)      The fiscal officer noted that the bill for this project to Yenser Paving is in this months billing cycle

iii)      The Twp is awaiting the bill from Gerken Materials Incorporated for material used (asphalt – 25.97 tons @ ? per ton)

iv)      There was no further discussion.


d)   The Chair noted that earlier in this session the Trustees instructed the County Engineer to prepare a plan to address the drainage issues of Sponseller road.  Comments in the discussion are in section 4 of these minutes


i)      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)            Trustee Peck asked if there needed to be a discussion on manpower to address snow removal needs during the upcoming winter season.

(2)            The staff noted they have three trucks available and three primary drivers

(a)      Diemer

(b)      Kolb &

(c)      Schlegel

(d)      There are several back up drivers available and there are at least two local companies which have been used in the past during very heavy snow events (webb brothers & bendele)

(e)      No additional help is needed at this time.  there was no further discussion.

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

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

ORDER OF BUSINESS NO. 9 - Old Business 


a)            Trustees then discussed the renewal of Twp fire levy.

i)      This will be on the Nov 07 ballot.  See meeting minutes from Nov 06 to present for details.

ii)   Mr. Peck has written information to be run in the crescent news letters to editor section.

iii)   Mr. Ankney is Treasurer for committee to pass the fire levy renewal-replacement.

(1)            Mr. Ankney had incurred expenses and per verbal agreement with the other elected officials; each elected officer of the Township is to donate an equal share.  (no public funds may be used for this purpose).

(2)            exhibit 9-a (a letter denoting expenses and copy of bills was presented to each elected Township Official.  Each  owes Mr. Ankney $90.58.

(3)            Mr.  layne asked for discussion regarding the expense report.

(a)      There was none.


b)            Sponseller Rd flooding – BeeTree ditch clean out-rebuild

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

ii)      This issue was discussed in order of business 4 in these minutes.

(1)            There was no other discussion on this project.


c)  Trustees then heard a report by the fiscal officer relative to the Township obtaining High Speed Internet Service. 

i)    It was noted that the Trustees had previously approved the Fiscal officer to acquire high speed internet service for the Township’s computer.  It has taken several months due to time constraints on the Fiscal officer to secure this service.  The fiscal officer has attempted to acquire service from:

(a)      Meta Link – no service signal available to the 8 deville residence – problem is trees.

(b)      Embark for dsl service – phone lines have not been upgraded to allow for this service.

(c)      Brightnet – no service signal available to the 8 deville residence – problem is trees.

(2)            The only service provider that can provide service to 8 deville is time warner cable.

(3)            As of 10-24-07 the Twp computer has high speed service provided by time Warner cable.

(4)            Time Warner will not break out the service to the twp computer from the other services it provides to the residence at 8 deville drive.  Other services are cable tv.

(5)            The Fiscal officer has set up a p.o. to reimburse the fiscal officer for the cost of high speed.  A copy of the Time Warner bill will be presented to the Trustees on a monthly basis (personal billing will be blacked out) seeking reimbursement for the monthly expense.  exhibit 9-c which notes installation of high speed service at 8 deville drive was distributed to the Trustees.

(6)            The Fiscal officer requested the trustees to move to adopt this procedure to reimburse the Fiscal officer for funding the high speed service.


Mr.  Layne requested that the clerk be reimbursed when providing monthly documentation of having paid for the high speed internet service being provided by Time Warner Cable.


MOTION:  Richard Ankney

             SECOND: Dan Peck                                                                                                       

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


The motion to approve the reimbursement for the expense of high speed internet service to the fiscal officer upon submittal of documentation indicating payment for the service by the fiscal officer was approved.


d)            Trustees then reviewed the mandatory training notice relative to Twp records – HB 9

i)      Exhibit 9-d was distributed which was information on HB 9 training sessions from Co Auditor and the State Attorney Generals Office

ii)      Note:  elected officials must receive 3 hrs of training per term

iii)      Only the fiscal officer and Trustee Layne must be trained by year’s end.

(1)            The chair asked for discussion?

(a)      Trustees Layne and Ankeny along with fiscal officer Houck will attend the training available in Montpelier, Ohio, on November 20th at 5 p.m.

(b)      The fiscal officer is to register the noted Twp personnel.


e)   The Chair asked if there was any other old business?

i)      There was none.


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.

ii)      Discussion???


12)               NEXT MEETING:

Date:         Tuesday November 27th,  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 October 30th,  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