September 25th,  2007 MEETING

The Defiance Township Trustees met in regular session at VFW Post 3360 in Defiance Township, Defiance,  Ohio,  on Tuesday,  September 25th,  2007 at 7:30 p.m.  Following the Pledge of Allegiance the Chair then called for the roll, answering as present were:  Robert Layne, and Richard Ankney. 


Chairman Layne requested a motion to excuse Mr. Peck from the September 25th Defiance Township Trustee meeting.   


MOTION:  Richard Ankney

             SECOND:    Robert Layne                                                                                                       

YEA(s) 2         NAY(s) 0                      Passed              X                    Failed


Dan Peck was excused as he was attending the Public Hearing held by Defiance County Soil & Water on the proposed ditch maintenance to the portion of Bee-Tree ditch which runs though Defiance Township.  Mr.  Peck will inform the Trustees relative to any decision made about this ditch maintenance project at the October Trustee’s meeting.  Also present for the September Trustee’s meeting was Tim Houck, Township Clerk.  With two (2) of 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,  and James Schlegel (zoning inspector) – 220 Pinewood.


Other(s) present were:  Charles Bakle 1204 Wayne Street 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:    Robert Layne                                                                                                       

YEA(s) 2         NAY(s) 0                      Passed              X                    Failed

The MINUTES for the August 28th 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 August monthly Reconciliation – noted a primary checking reconciliation balance of $105,540.38 as of August 31st,  2007….. balance is minus the outstanding checks and Township investment funds. 

b)   Receipt & Payment reports

i)      Receipts for September were $15,926.53.  Payments for September (bills & payroll) totaled $22,723.36. 

c)   The Cash fund summary through September 30th,  2007,  showed an “ending cash balance” of  $626,562.45. 

d)   The unencumbered cash balance “cash available” was $501,031.57 which is the balance after encumbrances are subtracted from the cash balance. 

e)            Appropriation Status showed that through September 30th,   20% 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 investment fund balance as of 9-30-07 was $527,818.90.

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

h)   Payroll for September was then reviewed and checks signed by the Trustees.

i)    The fiscal officer was recognized and noted that during the Township audit – State auditor’s had instructed the Township that Trustees must approve all transfer of funds, even those funds which are transferred within the different lines of the same fund acc’t.  Heretofore,  Trustees have, at the annual re-organization session, approved the fiscal officer to transfer funds within the fund account to the line that needs funds in order to pay bills from the appropriate acc’t line.  Per the State Auditor’s direction exhibit 3-i was presented to the Trustees for their review.  This exhibit indicates the funds which have been transferred within the fund acc’t lines so far this year.  Henceforth,  each month in which a transfer takes place this exhibit will be attached and Trustees will be asked to approve the transfers.


Mr.  Layne requested that the attached “supplemental Appropriations” report be approved.  The report notes the in line transfer of funds year to date in 2007 within the Twp acc’t fund lines.


 MOTION:  Richard Ankney

             SECOND:    Robert Layne                                                                                                       

YEA(s) 2         NAY(s) 0                      Passed             X                    Failed


j)    The fiscal officer also reported that the bi-annual Twp audit has been completed by State Auditors.  Trustees participated in the exit audit review with auditor Linda Maag.  Information presented remains confidential until the auditor of state releases the information to the public.

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.  A copy of the final audit review will be provided to the Trustees when the report is released by the State.

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


MOTION:  Richard Ankney

             SECOND:    Robert Layne                                                                                                       

YEA(s) 2         NAY(s) 0                      Passed              X                    Failed


ORDER OF BUSINESS NO. 4 Township Zoning 


a)           Trustees then reviewed the Zoning Map edits – issue which arose during the July 07 session.

i)         The clerk reported that he had reviewed the issue with both the County Auditor and the City of Defiance engineering department’s Dave Rhoddy.

(1)  The Twp zoning map which was handed out in the April 07 Twp session is correct.

(a)      The fiscal officer confirmed the accuracy by reviewing GIA aerial photos from the County Auditor & comparing these to the Twp zoning map.  A copy of the aerials was provided to the Trustees and will be filed with the minutes of this session.

(2)  The issue was brought forth by the Zoning inspector who believed that the map may have been in error.

(a)      The Zoning map was believed to show city property which should have been under Twp zoning responsibility.  The area of concern was adjacent  to and east of Krouse rd between the CSX RR & US 24 – property to carter lumber)

(3)  The present Township zoning map is correct and no further action was necessary.


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

i)    Site Review Bill Voirol Harding Rd House & Out Bldg

ii)      Trash Complaint Watson Okie Davis CareTaker will clean up

iii)   Site Review New Home Bowman Rd Denise Goss

iv)      Certified letter to Allan Lange ref Zoning Violation Collapsing barn Williams Rd. Spoke to him 9-9 & 9-21 He is waiting for Todd Excavating to remove the barn.  They have a busy schedule.

v)      Lehman Addition SR 66 Permit issued

vi)      Trash complaint Campbell Rd owner advised he will take trash to the dump.  Update He moved Dune buggy,  Backhoe along w dump truck  by  property line. Said he will dump trash when he is ready maybe

      2—3 weeks. Sheriff is now involved update next month.


ORDER OF BUSINESS NO. 5 --  Equipment;  

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

i)      John Diemer was recognized and stated that he would like to purchase a set of sockets and a ball-peen hammer from Sears for approximately $100.

Mr.  Layne requested a motion to approve the proposed purchase.    


MOTION:  Richard Ankney

             SECOND:    Robert Layne                                                                                                       

YEA(s) 2         NAY(s) 0                      Passed              X                    Failed


b)   Diemer also informed the Trustees that road salt needed to be purchased for the upcoming winter. 

i)      Trustees approved this order which will be approximately 20 tons

ii)      The material will be trucked to the Township salt bins at the Township’s maintenance building on Hammersmith road by Bishoff Trucking.


c)   The chair asked if there were any other equipment or supply issues to be discussed.  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 Trustee Dan Peck was reviewed.

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

ii)      The October - 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 will remain on the agenda until completed

(3)            Trustees instructed the clerk to review the status on acquiring a contractor to do this project in 08 with the County Engineer’s Office.

(a)      Trustees had previously instructed the Co Engineer to be the Township’s engineer on this project.

(4)            There was no further discussion.


c)   2nd mile of kiser rd – damaged by heavy trucks during US 24 construction.  This was noted in the July meeting.

i)      The Trustees have been working to acquire payment for the repairs from those responsible.  See minutes of July and August session for details.

ii)      Twp officials had contracted with Yenser Paving to fix the damage (pot holes) to Kiser rd

(1)            The bill is $1,200 & the repair work is completed

(2)            As of this session:

(a)      The bill has been paid by E.S. Wagner const.  Trustees were provided with exhibit 6-c an email confirming payment.

iii)      This issue is closed.


d)            McCollister Road repairs.  There are low spots and a couple of cross overs 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)    Mr. Ankney reported that this repairs will be made sometime in October 07.


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

i)    It was noted that Bowman road needed repairs made to a catch basin near the Richard Schuaber residence.


ii)      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 was no further discussion.

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

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

b)   The  “Ohio Plan” news letter – summer 07 edition was distributed as Exhibit 8-b.  This is the company that insures the Twp property.

c)   Exhibit 8-c was reviewed which was a notice from the Def Co Twp Association of their 4th quarter meeting.

i)      The meeting will be held on Oct 4,  6:30 p.m. at the Farmer American Legion post.

(1)            All three trustees will attend and the clerk will submit their rsvp’s.

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 had written draft language supporting the levy and urging Township residence in precincts A & B to vote for the levy.  This material is to be placed in the local newspaper as an ad & in the letter’s to the editor section of the paper.   All three Trustees agreed to the draft which was distributed as exhibit 9-a.

(1)            There was no new discussion..


b)   The Sponseller Rd flooding – BeeTree ditch clean out-rebuild project was then reviewed.

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)  A public hearing relative to this project was being held at the same time as the Twp Trustee meeting.  The Bee-Tree ditch hearing was scheduled by Def. Co. Soil & Water.  Trustee Peck was in attendace for the Trustees. 

(1)            The clerk noted that information regarding that session had been provided to the Trustees on 9-12-07 – and is attached to the fiscal officer’s agenda as exhibit 9-b.  Mr. Peck will report on the meetings results at the next Trustee session in October.

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


c)   The Fiscal office – per direction from the Trustees in the July 07 meeting,  has been working to acquire the proper signage noting that Smoking is prohibited in Twp buildings.  This is a result of a notice from the Ohio Department of Health which was reviewed and discussed in the July 07 Twp meeting. 

i)      This task was completed in Sept and the proper signage was provided to Twp staff with instructions to post in the Twp Maintenance building just prior to the September Trustee meeting.  Copies of the signage are on file with the fiscal officer.

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


d)   The Citizen complaint raised by Mr. Peck in the August session concerning demo debris from structures on Ball road owned by the County was then reviewed.

i)      The clerk reported that all debris has been removed & the issue is resolved.


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

i)      There was none.


ORDER OF BUSINESS NO. 10 - New Business 


a)   The clerk reported that there is a mandatory training for all elected officials relative to Twp records.

i)      House bill 9 which became effective this summer requires the training.

ii)      The clerk distributed exhibit 10-a  which is the notice of to be scheduled training.

iii)   All elected officials must have 3hrs training per term.

(1)            The clerk is to notify the Trustees when this training is available.


b)   The Chair asks if there is any other business to come before the Board?

i)      There was none.

12)               NEXT MEETING:

Date:         Tuesday October 30th,  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 September 25th,  2007 


It was moved by:  Mr. Ankney 


                        SECOND by:    Mr. Layne  

The roll was called and the vote was:                                                                                                    

YEA(s) 2         NAY(s) 0          The motion:     Passed              X                    Failed


Respectfully Submitted

Timothy J. Houck,  Clerk