Minutes

DEFIANCE TOWNSHIP TRUSTEES

April 26^th,  2005 MONTHLY MEETING

The Defiance Township Trustees met in regular session at VFW Post 3360 in Defiance Township, Defiance,  Ohio,  on Tuesday April 26^th,  2005 at 7:30 p.m.  Following the Pledge of Allegiance the meeting was called to order by Chairman Robert H. Layne.  Answering to the Roll were Trustees W. Tom Wiseman & Board President Layne;  Trustee Charles Bakle was on excused absence.  Also present was Tim Houck, Township Clerk.  There being two (2) of three (3) members of the BOARD OF TRUSTEES having answered the roll; a quorum was present.

Visitors present:   Mr. James Schlegel, Township Zoning Inspector,  Richard Ankney,  Mary Ankney, Joe Kolb & John Diemer Township employees.   Other(s) present were JoEllen Houck of 8 Deville Drive,  Defiance,  Ohio,  Chris Davis of 14754 St. Rte 111,  Defiance,  Ohio, &  Ruth Ann Schofield 15968 Campbell Rd, Defiance Twp,  Defiance,  Ohio.

ORDER OF BUSINESS NO. 1

Review and approval of minutes of the previous session.

Chairman Layne requested a motion to approve the minutes from the March 29^th,  2005,  session.    

MOTION:   W. Tom Wiseman            

             SECOND:  Robert Layne                                              

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

The MINUTES of the March 29^th,  2005,  session were approved. 

ORDER OF BUSUNESS NO. 2            FINANCES –

The following financial reports provided to Board were reviewed.

a)   The March  monthly Reconciliation – noted a reconciliation balance of $259,801.87 as of March 31^st,  2005. 

i)     The balance was $84,934.63 more than the previous month’s balance.  During the past eleven month period there have been seven months with a negative cash flow.    

b)   Receipt & Payment reports

i)     Receipts for April were $11,403.46.  Bills for April totaled $7,647.73. 

c)   The Cash fund summary through April 30^th,  2005,  showed an “ending cash balance” of $263,557.60. 

d)   The unencumbered cash balance “cash available” was $207,415.70 which is the balance after encumbrances are subtracted from the cash balance. 

e)            Appropriation Status showed that through April 30^th,  18.5% 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 April was then reviewed and checks signed by the Trustees.

Mr. Layne asked for a motion to accept the financial reports.

MOTION:    W. Tom Wiseman           

             SECOND:    Robert Layne                                           

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

The financial reports were approved as presented. 

h)   2005 Twp Audit –

i)    the clerk reported that the State Auditor’s Office has contacted the Clerk relative to the bi-annual audit

(1)         the clerk is to meet the auditor assigned to the twp later this week

(2)         The auditor is Doug Zimmerman

(3)         The twp will provide the requested records

(4)         The process should take until end of May

(5)         In order to for the twp to avoid an “Adverse Opinion” letter the audit must be reproduced in a GAAP format

(a)      The Auditor will provide an estimate of cost to produce a GAAP type report

(b)      Clerk reported on info from AOS march conference 05 on this need or the Township will be given a “Adverse Opinion”

(6)            An exit revue will be scheduled

(a)      Trustees advised the clerk to schedule the exit review after 2p.m. so that all could attend.

ORDER OF BUSINESS NO. 3 Township Zoning

a)            Jennifer Geiger issue.  Trustees reported that each received a letter from Ms. Geiger’s attorney – Ms. Jilene E Richards dated 4-22-05.  Said letter stated Ms. Geiger will not be sending payment for the licensing fees billed to Ms. Geiger by the Twp. 

i)      The Trustees directed the Clerk to send the letter to the Prosecutor with a request that the Prosecutor pursue collection of the fees which the Prosecutor had previously reviewed and concurred with the Twp’s right to collect said fees.

ii)   A review of the history of this issue follows:

(1)            In the November 04 meeting the clerk reviewed with the Trustees a  letter to the Prosecutor’s Office requesting direction as to what if any fees/taxes can be charged for the zoning permit allowed for Jennifer Geiger’s “Massage Therapy” business approved by the Township’s Zoning Commission and the Trustees during October 04  sessions of both boards.

(2) See Township letter (dated 11-23-04).  The prosecutor’s office responded with a letter dated 1-7-05 stating that the Twp can assess certain fees and noted the amounts.  This letter was presented to the Trustees in the January 05 session.

(3)            Trustees requested the Clerk to write a letter to Ms. Geiger requesting the fees.

(4)            In the Feb Trustee session the clerk was directed to have the prosecutor review the new Twp fee collection policy presented to the Trustees as exhibit 3-c in the Feb session.

(5)            This Policy has been edited by the Prosecutor and was presented as exhibit 3-a in the March session.

(6)            Also presented to the Trustees in the March session was the fee collection letter.

(7)            Trustees instructed the Clerk to send the letter to Geiger. 

(8)            This was done in early April

(9)            Geiger met with the clerk who directed her to Trustee Wiseman

(a)         Wiseman contacted the Prosecutor’s Office

(b)         The prosecutor and Geiger’s attorney reviewed the issue

(c)         The prosecutor contends the twp can collect the fees and

(d)         Ms Geiger’s attorney disagrees

(e)         This resulted in the letter noted under a) above

b)            Trustees reviewed the process of naming the members of the current Twp Zoning Board of Appeals to the Zoning Commission and the current zoning Commission members to the Zoning Board of Appeals.  This issue was first placed on the agenda in the Mar 03 session.  The Trustees tabled the issue in Mar.  Is there a motion to bring the issue from the table.

MOTION:    W. Tom Wiseman           

             SECOND:    Robert Layne                                           

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

i)      Discussion followed:  The clerk recapped the issue….

(1)            The issue was initially raised by Zoning Commission member Schofield last fall.

(2)            Per procedures and responsibilities as provided by the Prosecutors office.  The Appeals Bd is doing the work that the Commission should do and the Commission is doing the work that the Appeals Bd is suppose to do. 

(3)            Current Board of Appeals members are:

ZONING BOARD OF APPLEALS

*  denotes term beginning January 11, 2005

(4)            Chairman Layne recognized Zoning Inspector Schlegel.

(a)         Mr. Schlegel stated that Mr. Roy Perez, Chair of the Appeals Bd did not wish to continue on the Appeals Bd.

(b)         The clerk reported that when the annual Twp directory was being prepared by the clerk,  the clerk contacted Mr. Perez who indicated he would serve on the Bd.

(c)         Mr.  Layne recognized Zoning Commissioner member Schofield..

(i)            Mrs.  Scofield stated it was her belief that Mr. Renn was no longer a Twp resident as he had moved.

(d)         The Trustees instructed the clerk to contact both mr. Perez to ascertain his desire to serve or not and Mr. Renn to determine if he was still eligible to serve and if he desired to continue to serve.

ii)      Current members of the Zoning Commission are:

ZONING COMMISSION

Trustees believe that the work of the current Zoning Commission to review and adopt/amend the current proposed land use and zoning maps as prepared by  Defiance County Soil and Water for the Township should proceed.  Trustees will not change the appointment of the two boards until this work is completed.  Chairman Layne requests a motion table the proposal to switch the members of the existing boards. 

MOTION:    W. Tom Wiseman           

             SECOND:    Robert Layne                                            

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

c)   Twp zoning/land use maps.

i)      These items were prepared by Defiance County soil and water and Twp Zoning Inspector Jim Schlegel.   The proposal incorporates changes to the previous drawings and was created as part of our annual contract with soil and water.  The Trustees wish to proceed with the adoption of these  zoning items and further desire that the work be performed by the members of the existing Twp Zoning Commission.  Per the Prosecutor’s instructions this group is the proper group to perform this task. 

ii)      See procedures from the prosecutor’s office – copy is on file in the clerk’s office

(1)            Copies have been e mailed to Zoning Commission chair, zoning inspector and

(2)            Provided to the Trustees

iii)  Mr. Schlegel was recognized and stated he was uncertain as to how to proceed.  Mr. Schlegel is to contact Mr. Keller, Chair of the Zoning Commission and set up a meeting date per the prosecutor’s procedures and notify the clerk so that required public notices can be published.

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

i)      April 2005

(1)            Wrecked Vehicle complaint received last month on Parkview Dr has been
resolved vehicle was removed.

(2)            Dennis Bott Williams Rd Mobile home to be removed. I left a letter April
6 giving thirty days to remove this mobile home. I talked to him via
phone confirmed receipt of letter. He advised he has it sold but cannot
get permits to move it. He was advised this matter would be turned over
to the County Prosecutor if not moved by the thirty-day deadline. I feel
I have been very fair with Mr. Bott giving him every opportunity to
comply.

(3)            Issued a zoning permit to Jennifer Geiger for remodeling garage for
massage salon. She also questioned the Massage Salon fee the Twp is
charging her. I advised her this is out of my jurisdiction and she should
take it up with the trustees.

(4)            Issued a new home permit to Ryan Leach Lakeview Dr.

(5)            Contacted Soil &Water (s&w) Ref Dan Westrick property on Powers Rd his new pond has
major drainage problems. Jeff Ankney of S & W inspected this property and
advised me that Mr. Westrick needs to install a swale ditch on both sides
of his property to prevent drainage onto neighboring properties.
Neighbors are concerned that Mr. Westrick is planning to move a mobile
home onto this property from ball road. They are adamantly opposed to
this. I met with Mr. Westrick and discussed his drainage problem. He
agreed to take care of it. He also advised me that he has no plans to
move a mobile home on to this property.

(6)            Issued a new home permit to Norm Solly Powers Rd. Basement is poured and
1st & 2nd floors are up. Due to the fact that he has started with out
obtaining a zoning permit the $100 late fee was imposed. He unhappily
complied.

ii)   Mr.  Schlegel requested a Twp directory be purchased for his use.  Trustees agreed to this request.  Mr.  Schlegel is to acquire the directory and submit the bill to the clerk for reimbursement or may order the directory and inform the clerk so that a purchase order may be prepared.

ORDER OF BUSINESS NO. 4 --  Equipment;

a)            equipment issues:…discussion

i)      Trustee Layne provided data on the possible purchase of the berm re-claimer.

(1)            a quote from Kalida truck was reviewed - 

(2)            item was model # BMR3822 for $5400

(3)            employee Ankney was directed to secure a second bid

Mr. Layne asked for a motion to approve the purchase of a “berm re-claimer” for the lowest and best price once a second bid is received.

MOTION:    W. Tom Wiseman           

             SECOND:    Robert Layne                                           

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

ORDER OF BUSINESS NO. 5 -  Trustee Report – Monthly Twp Rd inspection

1)   Trustee Report –

a)   April - Rd review by  Trustee Layne

i)    -- A copy of the report will be on file in the monthly reports folder in the clerk’s office and will be provided to Township rd crew to determine work schedule

ii)      Trustee Bakle will conduct the inspection in May

b)   The Issue of past work & non payment for the work in the Lakeview subdivision on property owned by John Flores of 100 Lakeview was discussed.

i)      The clerk provided a review of the project history:

(1)            Mr. flores is believed to be in arrears to the Twp for this work per letters found in twp files requesting payment from Mr. Flores which he agreed to make for work completed in 2002.

(2)            Clerk as directed in Feb Trustees session -- reviewed the minutes of the session in 2002 and has found nothing to indicate that payment was made.

(3)            Per the Feb Trustee session the clerk was directed to write letter noting payment + penalty

(4)            Trustees voted to assess a penalty of $291.50

(a)      This letter was prepared & sent to the prosecutor for review and approval– exhibit 5-c (contains clerk e mail to prosecutor, copy of notice let & invoice to flores & prosecutor’s response)

ii)      Prosecutor’s office response dated 4-15-05 was reviewed

(1)            Prosecutor stated twp had no contract and voted a penalty which was not appropriate

(2)            Trustees directed the Clerk to send to the prosecutor a:           

(a)      Copy of the letter signed by Flores approving the work and agreeing to pay a stated amount.

(b)      Trustees want the prosecutor to assist the Twp in acquiring payment and any penalty deemed appropriate by law.

c)            Trustees were up-dated on existing road projects by Twp staff

i)      Crew is berming as appropriate

ii)   Mr.  Chris Davis – 14754 St Rte 111 – Def Twp,  Def,  Ohio, was recognized.

iii)   Mr.  Davis was inquiring as to the progress on his drainage issue which he raised during the Jan 05 session

(1)            Trustee Layne stated that Soil & Water had been contacted and were to survey the Davis property.  Soil & Water will then prepare a plan to address the drainage issue.  This plan will be presented to the Trustees for review.

(2)            Trustee Wiseman suggested that Mr. Davis should contact Soil & Water and Mr.  Wiseman will do the same.  This should help update the priority on soil and water’s project list.

(3)            Mr.  Davis was provided Soil and Water’s ph #  419-782-8751 and told to contact Mr. Jeff Ankney

d)   The Clerk provided the trustees with a copy of the county engineer’s Office “permit to construct” a drive way by Mr. Richard Leach – 5 Mirival Lane in Defiance Twp.  The Zoning inspector asked for copy of the Permit which was provided at this session.  The permit is on file in the clerk’s office in the april 05 minutes file.

e)   New road projects.  none were noted.

ORDER OF BUSINESS NO. 6  - Personnel 

a)   Mary Ankney – OPERS – service credit issue

i)      The clerk reported on the status of this issue…a brief review…

(1)            Clerk received notice from OPERS 7-31-04 requesting pay records for month paid in years submitted- 96,97,98,99,2000, 2001,  2002 & 2003

(2)            Clerk reported in Aug that a check of the files turned up nothing

(3)            Chairman Wiseman found a letter dated Dec 18,  1992 which states Ms. Ankney is a OPERS employee not an independent contractor and is therefore to be paying into OPERS

(a)      This would seem to document service of at least an additional 2 years.

(4)            the Clerk re - contacted OPERS in Nov to determine next step.

(5)            Mrs. Ankney needs to provide the Twp with copies of w-2 which document salary received for any year she wishes to apply for credit which is not already in the Twp’s possession.

ii)   As of April 05

(1)            Mr.  Ankney turned the existing W-2’s in their possession over to the Clerk at the Mar 05 Twp meeting

(a)      The ankney’s provided a letter from the IRS dated 4-12-05 – which is on file in the april 05 twp meeting file

(i)            Said letter states the IRS no longer has recorders of w-2’s for the year 1992 through 1995.

(ii)            Mrs.  Ankney requested the Twp to submit the currently available recorders to acquire service credit for the year’s 1996 through 2001.

(2)            The clerk has contacted OPERS and is working with them to file the proper report

(3)            OPERS will then determine the amount owed by the Twp.

b)     unemployment compensation – employee reimbursement to Twp

i)      issue was with Jim Schlegel late 04 – see past minutes for details

ii)      The Clerk is in the process of writing a proposed policy based on Trustee direction from the Jan 05 session.  Once the policy is completed it will be reviewed by the Trustees and then sent to the prosecutor’s office for approval/edits.

(a)      The action plan is being written….and is not complete  as of meeting date.

ORDER OF BUSINESS NO. 7 – Hand outs

a)            Monthly (April 05) GrassRoots clippings – exhibit 7-a was distributed to the Trustees

b) The Defiance County Engineer’s Office quarterly update – 1^st qrt 05 – exhibit 7-b was distributed

ORDER OF BUSINESS NO. 8 Old Business

a)   Twp participation and commitment to the Ayersville Water & Sewer Board

i)      Trustee Wiseman was to invite representatives from Ayersville Water & Sewer & from Prosecutor’s office and or engineer’s office to discuss Twp association with this group

(1)            Mr.  Wiseman met with Co. Engineer Warren Schlatter. 

(a)     Mr.  Wiseman reported that the Engineer believes a meeting should be held with all parties.

(b)     Mr.  Wiseman noted that the Twp has a resolution joining the Twp to Ayersville Water & Sewer for phases a & b

(i)            Each phase is designed to provide water and sewer services to a specified area in Defiance and Highland Twps. 

(c)     Mr.  Wiseman noted that Defiance County is moving to provide water and sewer services along St Rte 111 and Power Dam road.  It should be reviewed if this or any part of this area is outside phase a & b of the Ayersville Water & Sewer district

(2)            Mr.  Wiseman agreed to set up the discussion at the May Trustees’ meeting.

b) Twp cell phone policy.  Exhibit 8-b –clerk has only copy – this policy was reviewed by the Trustees

i)   The clerk reported that -- Per State Auditor -- all ORC governed entities must have such a policy.  This was noted in the Feb. trustees session.

ii)  The clerk has secured a draft policy which is currently in use by the Engineer’s Office.

iii) This policy has been converted to a Twp policy draft

iv) The Trustees instructed the clerk to send the Twp proposed “Cell Phone” policy to the prosecutor’s office for review.

c)  Twp Maintenance building – named in memoriam

i)   The clerk reported on the status of this effort. 

(1)            Per past discussion the Trustees requested the clerk to review past years’ minutes to determine if signage for the maintenance building was to be erected

(2)            Minutes dated 10-29-02 indicated that Trustees Wiseman, Bakle and Layne voted to name the maintenance building in memoriam for:

(a)     John Webb & Catherine Hofer

(b)     Said building to be named “webb-hofer” signs were to have been ordered and placed on or before the building.

(3)            Mr.  Layne stated he thought the sign was in the building and merely needed to be erected

(a)     Mr.  Ankney said only the sign with the buildings location number was at the building

(b)     Mr.  Wiseman said a sign should be made and erected to fulfill the Twp resolution passed in 02.

(c)     The Clerk stated that he would prepare verbage for a sign and provide this info to Mr. Ankney who would in turn take the information to the County Engineer’s and have a sign made

(d)     Mrs.  Schofield suggested that the press be called when the sign is erected.  Trustees agreed.

d) The 2005 CDBG grant application hand was reviewed with the Trustees.  The hand book was listed as exhibit 8-c

i)   per direction from Mr. Layne the clerk contacted Maumee Valley Planning to ascertain if a CDBG grant was a possibility

ii)  clerk reported to the Trustees that this grant is income related

iii) it was suggested by Maumee Valley that the Twp may be eligible for  rd projects –

(1)            Trustees would need to do resident surveys

(a)     The survey form is in the hand book

(b)     Each resident on a road to be re-built would need to be surveyed.

(c)     The twp would then send info to Maumee Valley for analysis

(d)     possible 06 Kiser rd project part II

(2)            Trustee will do the survey for the 06 portion of the Kiser Rd project

(3)            Trustees also suggested that they survey residents on Schroeder rd in Power Dam park off Parkview Drive.

(a)     This project may be feasible with a grant in conjunction with the Kiser Rd project in 06

ORDER OF BUSINESS NO. 9 –  New Business:

1)      Information from the County Engineer on the previously announced 2005 Issue II funding for Def Twp was provided to the Trustees as exhibit 9-a

a)   The total amount awarded to Def Twp in 05 is $29383

b)     Projects bid came in at $19,450.27

c)   The carry over or remainder is $9,932.73

i)      Possible projects

(1)            use for bowman road approaches or if unspent in 05 could be applied to Kiser rd 2^nd mile or any other eng bid rd project in 06.

d)   The clerk noted that an amended certificate is required.  As last year -- this grant will be posted to our accounts as revenue and expense.  There is no transfer of real money.

e)   Mr.  Layne stated that the amount assigned to Winn rd should be added to possible carryover as Trustees voted to not participate in the proposed Winn rd fix in 2006.

i)    Mr.  Layne will confer with the county engineer on this issue.

2)   Deferred Compensation Program

a)   A request from Mr. Schlegel to check into possibility of participation in this program was made to the clerk

b)   Tjh is contacting – for information

i)      Ohio Twp Association

ii)      CCAO – deferred comp program

iii)      Ohio Employees Deferred Comp Program

iv)      UAN to determine how – if approved by Trustees to set up system

v)      Trustees agreed to review the data collected by the Clerk