Minutes

DEFIANCE TOWNSHIP TRUSTEES

October 31st,   2006 MEETING

 

The Defiance Township Trustees met in regular session at VFW Post 3360 in Defiance Township, Defiance,  Ohio,  on Tuesday October 31st,  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., Mary Ankney 19133 Hammersmith rd,  & Joe Kolb 16492 Cullen Rd.  

 

Visitors present:   Mr. Charles Bakle Jr. – 1204 Wayne St.,  Ruth Ann Schofield 15968 Campbell Rd,  Donald Bertke of 2323 Compbel Rd, Sidney,  Ohio, Nancy & David Bok 19518 US 24, & JoEllen Houck of 8 Deville Drive,  Defiance,  Ohio.        

 

ORDER OF BUSINESS NO. 1

 

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 September 26th,  2006 session. 

 

MOTION:    Dan Peck                                                                                                       

           

SECOND:  Richard Ankney

 

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

 

The MINUTES were approved as amended for the September 26th,  2006 meeting.

 

ORDER OF BUSINESS NO. 2 -  citizens concerns

 

a)   There were none.

 

ORDER OF BUSINESS NO. 3 -  FINANCES – 

 

The following financial reports provided to the Board were reviewed.

a)   The September monthly Reconciliation – noted a reconciliation balance of $497,559.53 as of September 30th,  2006….. balance is minus the outstanding checks. 

i)      The balance was $68,554.28 more than the previous month’s balance.

b)   Receipt & Payment reports

i)      Receipts for September were $21,420.49.  Bills for September totaled $35,821.66. 

c)   The Cash fund summary through September 30th,  2006,  showed an “ending cash balance” of $483,158.36. 

d)   The unencumbered cash balance “cash available” was $394,295.60 which is the balance after encumbrances are subtracted from the cash balance. 

e)            Appropriation Status showed that through September 30th,  32% 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 September 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) The Clerk reported that the Zoning Bd of Appeals met on September 26th,  2006 –  (exhibit 4-b mins of session were distributed).

i)         The Appeals Bd approved “conditional use” permits for home construction for John Bok, on Ashwood Rd & for George Schroeder on Powers Rd.

 

ii)         There was no further discussion or questions by the Trustees.

 

b)   Mr.  Layne noted that he was contacted by Mrs. Nancy Bok of 19518 US 24 – Defiance Twp.  Mrs. Bok raised a concern and filed a “citizens complaint form” alleging that the Zoning Inspector failed to properly execute his duties in his job performance relative to the recent zoning request of a John Bok.  The complaint form and a letter of explanation were distributed as exhibit 4-b (letter of complaint). 

i)      Mrs. Bok’s issue centered on her belief that:

(1)            The zoning inspector did not return her phone call so that she could more clearly define her concern; &

(2)            The zoning inspector called the person (Jennifer & John Bok- Ashwood Rd) informing them of her call, thusly causing several phone calls to be made by that person to her.

(3)            Nancy Bok stated she had asked for anonymity when she raised her concern.

ii)      The Trustees noted that when a complaint is made – by law – the complaint is public record.  They can not provide anonymity.

iii)   Jim Schlegel – zoning inspector noted that when he received the message of Nancy Bok’s concern via his wife; he called John Bok to determine if there was a relationship between them to determine what he was getting into.

iv)      The Trustees having heard the issue ended the discussion and took no action.

 

c)           Zoning Board & Commission – training

i)         The clerk reported that:-  as noted in the minutes of the July Trustees meeting;  Mrs. Schofield contacted Maumee Valley Planning’s Lisa Karcher in June 06 and suggested a training session be held for Def Twp Zoning Bd of Commission, Appeals, Zoning Inspector & Trustees.

ii)         Trustees instructed the clerk to schedule this session.

iii)         In October prior to this session Tjh was informed by Trustee Ankney that the “County Twp Association” is coordinating a County wide training session with Maumee Valley Planning and the Co Engineer. 

(1)  The Def Co training will be part of that process.

iv)  Tjh asked if this item should be remove from future agendas & the Trustees concurred.

 

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

i)      October 2006

(1)            Riggenbach Bowman Rd New Home Permit Issued

(2)            Metz Bowman Rd New Home Permit Issued

(3)            Merriman Bowman Rd Home Addition Permit Issued Late Fee Paid

(4)            Vukadinovich Karnes Rd Out Bldg Permit Issued

(5)            10-4-06 Received Written Complaint from neighbors of Lange fire damaged home. Complaints of debris blowing in their yards & ponds. Mrs Lange advised this home will be demolished Mon 10-9 or Tue 10th Structure was demolished & removed, property leveled, looks nice.

(6)            I have been working with Lamars Outdoor advertising (Billboard) on US 24 West, and Toledo Edison. Numerous phone conversations because TE wants a electrical inspection, I have told them numerous times I am not a electrical inspector and the township does not have one.

(7)            10-26-06 Received Written Complaint From Judy Sholl Ohio State Highway Patrol Exam Station. They will be moving to 999 Procom Dr. She advised the neighboring sign (Eric's All American Ice Cream Factory, Baltimore Rd) is obstructing  traffic. I contacted owner Eric Gerber, this is a portable sign and he will move it.  He plans on a new sign in the spring. He was sent sign regs with a new sign permit application. Russ Herman advised to work w/ Mr Gerber by the rules of current sign regs.

End of report.

 

ORDER OF BUSINESS NO. 5  - Equipment

 

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

i)      Township employee – John Diemer asked about the progress to acquire a license plate for the recently purchased (early summer) Township trailer.

(1)            TJH noted he was still in the process of acquiring an application form which he intends to fill out and submit to ODOT asap.

 

b)   The clerk also noted that as instructed by the Trustees in the Sept 06 session Tjh ordered the copier from JBS.  Delivery is expected in the first week of Nov.  Per instructions a service contract will be entered into.  Cost of the copier was $4,200.

 

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

 

a)            Trustee Report for the month of Oct was provided by Trustee Layne & is listed as exhibit 6-a in the meeting file.

i)    Mr. Layne verbally reported that he observed that the standard work is required to maintain roads and should be done by our road crews (berming, checks for standing water and road deterioration).

ii)      Trustee Ankney… has the inspection assignment for November.

 

b)   Sales presentation

i)      Don Bertke of Asphalt systems Inc – 2323 Compbel Rd Sidney,  Ohio..presented an;

(1)            Asphalt preservation material review.  A sales flyer was provided to Trustees as exhibit 6-b

(2)            Mr.  Bertke noted that 1 mile of preservative costs approx $6,101 but will be good for 3 to 5 years.

 

c)   Up-date on existing road projects

i)      Kiser Rd project depending on available capital maybe assigned 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 session was $304,000

(3)            fiscal officer continues to note that even this 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. 

 

ii)      Indian Bridge Lane

(1)            The clerk reminded the Trustees to review the agendas of April through Sept for project details

(2)            The Project work is complete except for seeding.

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

(a)      Muntz was contacted by the clerk in Oct.  Mr. Muntz stated that weather and ground conditions have not allowed for the seeding as of this session.  He thinks that the seeding may have to take place in the spring of 07. 

(b)      Tjh will continue to monitor.

 

d)   New road projects/issues

i)      Trustees noted that residents living on Singer rd are complaining that the road is being destroyed by truck traffic.

(1)            Trustees will contact the County Engineer to determine if load limits or “no truck” signage can be erected.

ii)      Trustees also noted that Kiser road needed to be re-bermed in places and instructed the road crew to address this issue.

 

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

 

ORDER OF BUSINESS NO. 9 –  Old Business

 

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)   Trustees then discussed the Renewal of Twp fire levy. – see exhibit 10-1 provided from the County auditor’s office which notes that the first eligible ballot time is Nov 07

i)         The chair asked for comments.

(1)            Mr.  Peck asked for a review of the number of times a fire run occurred per month in the Twp precincts being served by the contract. The clerk will gather the data for review in the November meeting.

(2)            The Trustees are in general agreement that the levy should be placed on the ballot for renewal at the first available date as the funds are necessary to provide the service.

(3)            Without the levy the Twp general fund would have to pay this expense and as was determined when the levy was first requested the general fund can not sustain the expense of both fire protection and its other required standard services. 

 

b)   The clerk then noted that a 2nd request for annexation to the city of Defiance was being made by “Sanford Trucking”.  This request was dated 10-26-06 and presented as exhibit 10-b

 

i)         In discussion – Trustees noted that the island issue of the earlier request this summer (which was rejected by the Trustees) seems to have been addressed.  The annexation request now before the Trustees is reduced to 7 more or less acres.  Trustees noted they have reviewed the information with both the county commissioners and the County Engineer and find no cause to oppose the petition.

 

Mr.  Layne asked for a resolution to approve the annexation request.  The following resolution was voted and is on file in the Township offices. 

 

RESOLUTION # 2006-11:   IN THE MATTER OF: ANNEXATION PETITION DENIAL

1        SANFORD TRUCKING – DEFIANCE TOWNSHIP – 12.794 ACRES

 

DATE:   TUESDAY,  OCTOBER 31,  2006

 

The Defiance Township Board of Trustees, County of Defiance, State of Ohio, met in regular session on Tuesday the 31ST day of October,  2006, in the VFW Post 3360 Conference Room with the following members present:

 

Robert H. Layne:      x               Richard R. Ankney:      x                  Daniel J. Peck:     x      _                

Mr.   Daniel Peck  moved the adoption of the following Resolution:

 

WHEREAS, the Defiance Township Trustees received an Expedited Type 2 Petition for Annexation from Stanley J. Yoder, Agent for the Petitioners Sanford Trucking; and

 

WHEREAS, the petition request was received on or about October 27th,  2006; and

 

WHEREAS, the property is described as:  being part of the Northeast Quarter (1/4), Section Number 29, Town 4 North, Range 4 East, Defiance Township, Defiance County, State of Ohio; and

 

WHEREAS, this annexation request is a Petition for Annexation Special Procedure (ORC 709.021 & 709.023), and shall not, at any time, be excluded from the township; the annexed area remains subject to all applicable township real property taxes as provided for in the above noted ORC; and

 

WHEREAS, as of this date, the City of Defiance having passed ordinance No. 5755 approving the annexation petition and noting that the City will provide services and accept responsibility for sewer, water and highway maintenance; and

 

WHEREAS, the Defiance Township Trustees believe that the proposed annexation conforms with all legal requirements: 

 

THEREFORE, BE IT RESOLVED, that the Defiance Township Trustees hereby APPROVE the annexation request of Sanford Trucking for a parcel of land, approximately 12.794 acres, currently located in Defiance Township, to the City of Defiance, Defiance County, Ohio.

 

THEREFORE, BE IT FURTHER RESOLVED, that it is found and determined that all formal actions of this Board concerning and relating to the adoption of this Resolution were so adopted in an open meeting of this Board and that all deliberations of this Board and any of it’s committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code.

 

Mr.     Richard Ankney  seconded the above Resolution and the roll being called upon the question of its adoption, the vote resulted as follows:

 

Robert H. Layne                                                                                                 ,  _Yea____                      

Richard R. Ankney                                                                                                           , _Yea___                

Daniel J. Peck                                                                                         , __Yea__                     

 

MOTION CARRIED

 

 ATTEST: ________________________________, CLERK

Timothy J. Houck

 

 

CERTIFICATE

 

The undersigned, Clerk for the Defiance Township Trustees does hereby certify that the foregoing is a true and correct copy of a Resolution adopted by that Board on October 31st,  2006, and appearing upon the official records of said Board.

 

 

 

       ATTEST                                                                   , CLERK

Timothy J. Houck

 

DATE ___________________________________                                                      

 

Resolution #2006-11-                 

 

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

 

 

12)       NEXT MEETING:

 

Date:               Tuesday November 28th,  2006 

            Time:               7:30 p.m.

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

 

MEETING ADJOURNED

 

Mr.  Layne requests a motion to adjourn this meeting of October 31st,  2006 

 

            MOTION:  Richard Ankney

             

SECOND:  Dan Peck                                                                                                        

 

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

 

The motion passed.

MEETING ADJOURNED

Respectfully Submitted

 

Timothy J. Houck,  Fiscal Officer/Clerk