September 26th,  2006 MEETING


The Defiance Township Trustees met in regular session at VFW Post 3360 in Defiance Township, Defiance,  Ohio,  on Tuesday September 26th,  2006 at 7:30 p.m.  Following the Pledge of Allegiance the Chair instructed the clerk to called 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:   Holly Snyder – 855 Washington Ave., Mary Wiseman – 1016 Grove St,  Mr. Charles Bakle Jr. – 1204 Wayne St.,  Connie Humphys & W. Tom Wiseman 108 Riverside,  & 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.  Mr.  Layne then noted that in the section referring to addresses of those present Mr. Mike Simon’s address should be Harding Rd.  Mr.  Ankeny noted that the eq repair noted in sec 5 sub-section d should have been the international truck;  and that the repairs noted in section 6 subsection a-i was a catch basin.  With the corrections made Mr. Layne requested a motion for the approval of minutes from the August 29th,  2006 session. 


MOTION:    Richard Ankney                                                                                                      


SECOND:  Dan Peck 


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


The MINUTES were approved as amended for the August 29th,  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 July monthly Reconciliation – noted a reconciliation balance of $429,005.25  as of August 31st, 2006….. balance is minus the outstanding checks. 

i)    The balance was $870.85 more than the previous month’s balance.

b)   Receipt & Payment reports

i)    Receipts for August were $24,302.59.  Bills for August totaled $6,814.90. 

c)   The Cash fund summary through August 31st,  2006,  showed an “ending cash balance” of $446,492.94. 

d)   The unencumbered cash balance “cash available” was $315,503.80 which is the balance after encumbrances are subtracted from the cash balance. 

e)   Appropriation Status showed that through August 31st,   22.6% 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 August 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 chair asked if there were any issues relative to zoning to be discussed not part of the upcoming zoning inspector’s report.

i)    The clerk was recognized and indicated that a copy of the mins of the August 29th zoning Commission – hearing was provided to each Trustee as exhibit 4-a in their meeting packets and;

ii)   Mins of the August 29th Zoning Bd of Appeals session was provided as exhibit 4-b.

iii)   There was no further comment.


b)   The clerk reported on the Zoning Board of Appeals, Commission, & Trustee – training program.

i)    As noted in the minutes of the July 06 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)  Tjh is working with Mrs. Karcher, the prosecutor’s Office & the Engineer on scheduling – hopefully in Oct. 


c)   Trustees then reviewed the revised Twp Zoning Map…

i)    The map was edited by Soil and Water at the behest of the Zoning Appeals Bd to correct an error relative to “residential and conditional use”  designed areas noted on the previous map.  The corrected map has a revision date of  9-9-06. and was distributed as  exhibit 4-e

ii)   The map will be posted on web page.


d)   Trustees next reviewed a letter from the Zoning Inspector which was distributed as exhibit 4-f.  The letter re-requested direction on enforcement of zoning nuisance rules.  As this direction was given in the last meeting and was noted in the minutes Trustees made no comment.


e)   Monthly report  - Inspector’s Report -  Mr.  Jim Schlegel - Sept. 2006

i)    Lange-- Williams Rd New Home Frontage added Permit Issued -- Fire Damaged house to be removed no written complaints received from neighbors

ii)   Schroeder-- Krouse Rd AG - R1  conditional use----Out Bldg Pond and New Home--- Pond Permit Issued

iii)   Riggenbach--  Bowman Rd new home frontage added

iv)  Moore-- Power Dam Rd out bldg Permit Issued

v)   Merriman-- I sent prosecution referral to Prosecutor ref no zoning permit

vi)  Bok Ashwood Rd   AG - R1 Conditional Use New Home


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 ask for permission to purchase tools (socket set)

(1)  Bd told Deimer to acquire two bids and get two Trustee signatures before purchasing.


b)   The Clerk reported on his effort to purchase a copier – Trustees approved the fiscal officer to acquire bids for a new copier during the Jan 31st session. 

i)    Tjh acquired two bids from Def vendors which were distributed to Trustees as exhibits 4-C-1 & 4-C-2

(1)  Tjh asked for permission to purchase the unit bid by JBS which was the low bid at $4,200

(2)  Trustee Peck suggested that a “service agreement” also be purchased.  This was agreed to by all.


Mr.  Layne requests a motion to authorize the purchase from JBS Office Eq for $4,200 plus the service agreement.  (price of the service agreement is based on the number of copies run and will need to be determined when the unit is purchased.)   


MOTION:  Mr.  Ankeny                                                      


SECOND:  Mr.  Peck                                                    


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


The motion passed.  


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


a)   The September - Rd review report was given by Trustee Peck…A copy of the inspection form was distributed as  exhibit 6-a

i)    No substantial issues were noted. 


b)   Trustees then heard from the Clerk an Up-date on existing road projects

i)    Kiser Rd project - 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 $125,000 available based on receipts vs anticipated expenses for remainder of 06)

(4)  The Trustees instructed the clerk to get an informal review of the expenses from the Co Engineer for the Oct Bd meeting.  It is anticipated by the Trustees that due to recent drops in oil the costs for black top and fuel for eq may be substantially reduced.


ii)   Indian Bridge Lane - 06

(1)  See minutes of meetings April through August 06 for project details

(2)  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 will seed when weather and conditions allow.


iii)   The Chair asked if there were any new road projects to be considered.

(1)  There were none.


iv)  Mr.  Layne noted that the County chipped/sealed Bowman rd on 9-26-06.  This project is now complete & the Township awaits final billing from the Co. 


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)   The Monthly (September 06) GrassRoots clippings – exhibit 8-a was distributed.  No comments.


b)   A notice from the Defiance County Township Association which indicated that the next meeting will be:


i)    The 3rd qrt association session is at K of C Hall in Def on 10-5-06 @ 6:30 p.m. hosted by noble twp.…was distributed as exhibit 8-b

ii)   All three trustees stated they will attend and the clerk will confirm their reservations.


ORDER OF BUSINESS NO. 9 –  Old Business


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

i)    Mr.  Peck was recognized and asked if there was a definition for “junk cars” so as to assist the Nuisance inspector – Mr. Schlegel, in his duties.

(1)  Mr.  Schlegel stated that the definition of “junk” cars is part of the zoning rules and in the book which was revised and re-adopted last September.

b)   There were no further issues.


ORDER OF BUSINESS NO. 10 –  New Business.


a)   The County engineer’s office wished to know if the Trustees desire their continued service in approving any utility work which impacts Twp rds.  This is relative to the Embarq – sprint requests to cut or bore under Twp roads.

i)    Trustees agreed that the County engineer’s office should review all such requests and advise the Trustees as to the Engineer’s decisions.


Mr.  Layne requested a motion to approve the county’s engineer to review all utility proposals and approve or reject the requests based on engineered requirements.


MOTION:  Mr.  Ankeny                                                      


SECOND:  Mr.  Peck                                                    


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


The motion passed.  


b)   The clerk was recognized and noted that Mr.  Robert “Bobby” Hill of Wilhelm Rd in Defiance Twp has requested that he be allowed to have Wilhelm rd closed.  The request was to close the road between 3:30 p.m. and 5:30 p.m. on Saturday  Sept 30th.  The reason for the request was to conduct a wedding on his property and the need to limit traffic during the ceremony.  The clerk had contacted the County Engineer and was advised that closing Twp roads is within the powers of the Trustees but caution in granting such requests is advised.  Each request must be looked at separately as different roads will have different circumstances and volumes of traffic.  This will dictate whether or not such a request is advisable.

c)   Trustees agreed and then decided to vote on the request noting that Wilhelm is a low volume traffic road.  Further, the Trustees directed the clerk to write up a road closure permit to protect the Twp should an accident or incident take place during the closed time.  Mr.  Hill is to sign the agreement and adhere to all its stipulations.  The permit written is as follows:


Wilhelm Road Closure Permit

Mr.  Bobby Hill

Wilhelm Road – Defiance Township

Saturday September 30th,  2006


The Defiance Township Trustees meeting in regular session on September 26th,  2006, voted to approve the request of Mr. Hill to close Wilhelm Road to the general public between the hours of 3:30 p.m.   and 5:30 p.m.   on Saturday, September 30th,  2006.


Mr. Hill by signing this permit agrees to be responsible to any and all claims and or damages to the road and public right of way which may occur on this road during the time of closure.  Further,  Mr.  Hill must notify the Chairman of the Trustees – Mr.  Layne ,  the Sheriff’s department, the City of Defiance Fire Department AND ALL NEIGBORS/RESIDENTS ON WILHELM ROAD; at least 30 minutes prior to closing the road and within 30 minutes of re-opening the road to public traffic. 


Contacts:                      Mr.  Layne 419-784- 0839


Sheriff’s Department  419 -784-1155


Defiance Fire Dept. (bus) 419-782-2771


Signs should be placed in a conspicuous position on obstacles used to block the road; a throughway must be maintained for emergency vehicular traffic.



Mr.  Hill



____________   ________________                    ______________

Mr.  Layne                     Mr.  Ankney                  Mr.  Peck


A signed copy is on file in the clerk’s office.


Mr.  Layne requested a motion to approve Mr. Hill’s request to close Wihlem Rd on Saturday Sept 30th from 3:30 p.m. to 5:30 p.m. and adhere to all stipulations noted in the permit.



MOTION:  Mr.  Ankeny                                                      


SECOND:  Mr.  Peck                                                    


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


The motion passed.  


d)   Mr.  Layne asked if there was any other new business??

i)    There was none.



12)       NEXT MEETING:

Date:               Tuesday October 31st,  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 September 26th,  2006 


MOTION:  Mr.  Ankeny                                                      


SECOND:  Mr.  Peck                                                    


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

The motion passed.  



Respectfully Submitted


Timothy J. Houck,  Fiscal Officer/Clerk