Minutes

DEFIANCE TOWNSHIP TRUSTEES

August 30^th,  2005 MONTHLY MEETING

The Defiance Township Trustees met in regular session at VFW Post 3360 in Defiance Township, Defiance,  Ohio,  on Tuesday August 30^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 Charles Bakle, W. Tom Wiseman & Board President Layne.  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:   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, Penny Bakle of 1204 Wayne Ave, Defiance, Ohio,  David & Nancy Bok – 19518 US 24, Defiance, Oh,  James Ehlinger – 14074 Power Dam Rd,  Defiance,  Ohio,  Jim & Carol Iler – 2281 Ginter Rd,  Defiance,  Ohio, Steve Graf – County Engineer’s Office,  Lynn Keller, Rodell Behlke, Bruce Hahn & Ruth Ann Schofield all members of the twp zoning commission. 

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 July 26^th,  2005,  session.  Mr. Bakle noted that in item 8 section E, he not Mr. Layne brought forth the Cromley Cemetery issue.   Mr. Bakle then moved to accept the minutes.

MOTION:   Charles Bakle              

             SECOND:  W.  Tom Wiseman                                             

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

The MINUTES of the July 26^th,  2005,  session were approved. 

ORDER OF BUSINESS NO. 2  -  citizens concerns

1)   Dave & Nancy Bok of 19518 US 24 – Defiance,  requested that the Trustees allow them relief from a late fee charge relative to a “building permit”  issued by the Twp zoning inspector.  Mr & Mrs. Bok explained that they were unaware that the Twp rules required the property owner to secure a building permit.  They assumed that their building contractor was responsible to getting the permit.  When they became aware that a permit was necessary – albeit – after the fact, they sent the fee minus the late fee to the Twp Zoning inspector.

Mr.  Schlegel,  twp zoning inspector was recognized by the chair.  Mr.  Schlegel explained that:

(1)            the Twp Zoning codes make the property owner responsible for acquiring a permit and that there is a late fee charge for anyone that begins construction without a permit. 

(2)            Mr.  Schlegel reminded the Trustees that they have approved his aggressive implementation of the fee charges in the past. 

(3)            Mr. Schlegel noted that the Bok’s were in violation of the Zoning permit code when he first made contact with them.  They had started construction without a permit.  He issued a fee with the late charge.  They sent only the permit fee.  He returned their check.  He sent written notice of a fee with late charge dated 8-27-05. 

(4)            Mrs.  Bok stated she sent a second check to Mr. Schlegel again with out the late fee on 8-16.

(5)            Mr.  Schlegel said he has not yet received that check;  but he would return it, if the late fee is not part of the check.

Mr. & Mrs. Bok again asked the Trustees for relief from the late fee charge.

Mr.  Layne directed Mr. Schlegel to check with other Twp on their late fee payment requirements and to report back to the Trustees on the 9-20-05 session.  The Trustees will then issue direction relative to this matter.

Mr. & Mrs. Iler of 2281 Ginter road were then recognized by the chair.  Mr.  Iler was concerned with the way the Twp publicized its rules and regulations relative to Zoning.  He proposed that the Zoning codes be published in the  local paper.  The clerk pointed out that the Zoning regs were very voluminous and the cost to publish is prohibitive.  It was also noted by the clerk that the public notice placed in the paper noting tonight’s meeting successfully brought the individuals here tonight. 

Again, Mr. Iler stated that the data was not readily available and during the Zoning Commission hearing held earlier this evening it was difficult to know what was going on and therefore, difficult to discuss   the   issues.  He also wants copies of the Twp zoning & land use maps available.  (note:  these maps were posted on the wall of the meeting room and were available for all to review).

ORDER OF BUSINESS NO. 3  -  FINANCES –

The following financial reports provided to the Board were reviewed.

a)   The July monthly Reconciliation – noted a reconciliation balance of $254,963.79 as of July 31^st,  2005, balance is minus the outstanding checks. 

i)     The balance was $3,214.34 less than the previous month’s balance. 

b)   Receipt & Payment reports

i)     Receipts for August were $76,028.98.  Bills for August totaled $14,650.85. 

c)   The Cash fund summary through August 31^st,  2005,  showed an “ending cash balance” of $315,341.87. 

d)   The unencumbered cash balance “cash available” was $279,087.44 which is the balance after encumbrances are subtracted from the cash balance. 

e)            Appropriation Status showed that through August 31^st,  34% 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:    Charles Bakle           

             SECOND:    W. Tom Wiseman                                            

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

The financial reports were approved as presented. 

h)   Twp Audit – 2005

i)    See agenda’s of May, June & July  for past details – Doug Zimmerman was the auditor

ii)   As of 8-30-05

(1)  The audit is complete

iii)   Twp received the “management letter”  certified 8-4-05.

iv)  A GAAP look a like report was prepared and the Twp will avoid a deficiency comment in the M anagement letter

v)        There were several findings – the clerk reported that:

(1)  Mis-posting receipts into incorrect accounts – by pervious clerk – corrected Aug 05

(a)      Copies sent to State Auditor – exhibit h-v-1a was provided to the trustees and will be on file in the  audit & Aug meeting files in the clerk’s office.

(2)  an over payment to the cemetery sextant

(a)      requires monthly stipends for June & July 05 be withheld – completed during july 05

(b)      documentation sent to state auditor

(3)  A notice of need for a bond for Trustee layne – completed & is on file

(4)  Requirement to get collateral statements from the Twp bank to note sufficient assets to cover the Twp’s funds –

(a)      The clerk reported that he was addressing this issue.  The “State bank” is to send data for years 04 by end of 1^st week of sept 05 and will send data as noted in the state audit at the end of each year.

(i)            This data will be filed in the audit file.

(5)  A zoning policy to allow zoning inspector to pay in zoning fees on a monthly basis - completed

(6)  Est audit cost was $5,500 not $6,000 as estimated originally –

(a)      Twp is in receipt of a bill for audit fees for work in july

(b)      Bill is in this month’s warrants

vi)  This concludes the audit and all twp responses.  This item will be removed the agenda.

i)    The Trustees reviewed a proposal for the Adoption of a Resolution “accepting the amounts and rates as determined by the budget commission & authorizing the necessary tax levies and certifying them to the county auditor”.

i)    The clerk noted that this is an Annual process - 

(1)         A resolution was provided by the auditor along with schedule A which indicates the taxes expected to be generated for 2006.

(2)         There are 2 copies – 1 for the co auditor and 1 for the twp records.

Chairman Layne requested a motion to adopt the attached resolution: - exhibit i –  resolution # 12-2005.  

MOTION:    W Tom Wiseman                                                    

             SECOND:   Charles Bakle                                                   

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

Trustees signed the resolution and the clerk will deliver it to the County Auditor’s office.  A copy will be on file

in the Twp 2006 budget file and in this meeting’s file.

j)    The 2006 apportionment of Local Government funds and local government assistance funds was reviewed.

i)    The clerk informed the Trustees that the information was provided by the Co auditor in letter dated 8-11-05 which is exhibit J in the agenda.

ii)   The clerk noted that a resolution must be adopted accepting the distribution for 2006 –

(1)  resolution is attached as “resolution 2005-10

Chairman Layne requested a motion to accept the 2006 apportionment of Local Government funds and local government assistance funds.   

MOTION:     Charles Bakle                                                   

             SECOND:     W. Tom Wiseman                                                 

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

ORDER OF BUSINESS NO. 4 Township Zoning

a)   The clerk provided a status update on the following zoning Issues as of this session: 

i)      The “Adoption of Twp Zoning Map” as prepared by County Soil & Water

(1)            The Zoning commission held its first  public hearing 7p.m. 8-30-05  just prior to the Trustee’s session

(2)            Mr. Keller reported he will be working with Soil & Water to determine if certain segments of the zoning map need to be changed.  These will be reviewed at the 9-20-05 public hearing.

ii)      The “Adoption of Twp Land use map” as prepared by County soil & water

(1)            Again, the Zoning commission held its 1^st public hearing 7p.m. 8-30-05 just prior to the Trustee’s session

(2)            Mr.  Keller said he will meet with Soil & Water to determine if an industrial area can be incorporated as desired by the County Planning Commission.  If there are any proposed changes these will be reviewed at the 9-20-05 2^nd public hearing.

(a)      The clerk noted that the Co planning commission met on 8-25 and suggested that an industrial area be designated. 

iii)      The re-adoption of Twp Zoning Rules – (Blue Zoning book) was discussed

(1)            This was part of the “Zoning commission’s public hearing of earlier this evening.   7p.m. 8-30-05

(2)            The next public hearing is scheduled for 9-20-05 @ 6:30 p.m. just prior to the Trustees monthly session. 

iv)      The Trustees’ then reviewed the revised Twp Zoning fee structure which was presented as exhibit 4-a - iv

(1)            It was noted by Mr. Schlegel that the charge f or a late fee is $100 not the $250 noted.

(2)            The clerk is to revise the document and re-present at the sept 20,  Trustees session. 

v)      Trustees reviewed the proposed changing of the current Twp Zoning Board of Appeals to the Zoning Commission and the current zoning Commission to the Zoning Board of Appeals.  This issue was first placed on the agenda in the Mar 05 session.  The Trustees tabled the issue for a second time in the April session.  This is a continuing item until the items 4-i through 4- iv of the August agenda are completed.

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

(2)            Per procedures and responsibilities as provided by the Prosecutor’s 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

vi)      Current members of the Zoning Commission are:

ZONING COMMISSION

b)   The Action Plan to address the issues in section a of the August agenda are being implemented per the clerk.  It was noted that the plan had been verbally reviewed with the County Prosecutor’s office in July.

i)      Two public hearings were/are being held under the auspices of the zoning commission

(1)            The first was held August 30^th at 7:00 p.m. just before the regular Trustee session

(2)            The second will be held on September 20^th  again just before the regular Trustee session

(3)            The zoning commission will recommend the adoption with or without edits of the items to the Trustees after all public hearing are completed.

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

d)            Monthly report  - Twp Zoning August 05 - Inspector’s Report -  Mr.  Jim Schlegel

i)    Site review & issued a pond permit to Jim Varner 22481 Def Pau Co Line

ii)      RHigh Weeds @ old Larrys Auto Repair 13976 US SR 15. Owner is Interstate Brands Corp. 12 East Armour Blvd. Kansas City Mo. 64111, still trying to locate a phone number. This is owned by Brown’s Bakery in Defiance David Grahm will take care of this. 8-24-05 Talked to Mr Grahm again he can't
seem to get this done I contacted Dick Ankney Twp will mow and put bill on taxes. Mr Grahm was advised of this decision.

iii)      High weeds next to old Karate Academy 13920 US SR 15 owner Okie Davis Oakwood 393-2770 She will have done in 1 week 8-3-05----- 8-10-05 DON Site review 24771 Watson Rd construction material around home from July Okie Davis Almost all cleaned up 8-3-05

iv)      David Bok 19518 US RT 24 put on a home addition Nov 04 no permit was applied for.7-28-05 made contact she will take are of it. $50 permit fee $100 late fee. 8-3-05 received a check for $50 made out to me, she advised the $100 was contractors responsibility. 8-3 Called several times no answer 8-4 left message waiting for reply.  She advised she will issue a new check. 8-13-05 returned check. 8-27-05 as of this date I have received nothing. Sent notice of Zoning Violation with Sept 2nd deadline.  8-30-05 received confirmation of delivery...

v)      Neusbaum 13416 Weilhelm Rd dumping in ditch across Rd --Advised of no dumping in ditches

vi)      James Iler 2281 Ginter owns property @ 24224 Watson Put in ½ acre pond & 64X48 out Building did not apply for permit. He was not a happy camper but complied. $50 pond $75 Out Building plus $100 late fee each total $325..

vii)  Site Review Powers Rd Dan Westrick wants to put up a Shelter House no permit required however he wants to later enclose it, now he will need a permit. Will call when ready.

viii)      Annette Mason Paulding request a land split from Ken Sanford Power Dam rd @ DEF PAU CO Line she will get surveyed and call back. S&W ---ok waiting for call back

ix)   8-4 Site review for Tom Webb wants to put in a 2 acre pond Cromley Rd 1/8 mi east of Krouse N. side sent to S&W Permit issued

x)   8-4 Met with Mr & Mrs Mulinix Hammersmith Rd ref on going zoning violations.  They have 1 pick up truck no license says she showed me plates will not put them on as she said someone will steal them same for a home made trailer & another trailer. There is 1 other trailer no license.  There is a horse Trailer & a farm truck out back, a dump truck out front she claims these are farm vehicles and only need to be licensed 6 months a year.  There is a camper out in the field she says it is licensed.  Approx 8X12 storage building being built on skids, no permit required. She does not want to get rid of truck bodies that are now storage as she claims these are structures on skids. She advised she talked to Bob Layne and he advised her to go to the next Twp Meeting

xi)      Tony Parsons 23257 Watson 24X48 Building Permit issued

xii)      Jean Cunningham 15454 Power Dam Rd 14 X 28 below ground Pool She will get a permit when ready to dig

xiii)      Bryan Municipal Utilities request to put up a 72 X 40 pole barn at the Power Dam S & W ok waiting for payment.8-22-05 made contact good to go need payment 8-30-05 waiting for payment..

xiv)      Tom McMillen Campbell Rd addition to barn 24 X 36 will tear down part and replace w/ new addition. Site review scheduled for this Sat at 9:00am.
By Jim Schlegel Def. Twp Zoning Inspector

ORDER OF BUSINESS NO. 5 --  Equipment;   

a)            equipment issues were reviewed. 

i)      berm re-claimer was ordered from Kalida Truck per direction of the Trustees in the april session

(1)            unit was purchased for $5,400 – a p.o. was taken out

(2)            twp awaits delivery as of this session..

(3)            according to Twp staff – Kalida Truck has apologized for the delay in acquiring and delivering this unit.  Staff desires the unit asap to use on berming projects yet this season.

b)   Twp crew advised Trustees that they will service the 95 Dodge 1 ton and the Ford 4610 Tractor.

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

a)   August  - Rd review by Trustee Bakle

i)    A copy of the report was provided to Township rd crew & Trustees during this meeting to determine work schedule

ii)   Mr. Bakle requested that a sign be purchased and erected at Cromley  cemetery to notify citizens that the cemetery is closed to visitors from dusk to dawn.

(1)            Trustees agreed and instructed the staff to check with the Co engineer to see if they will make such a sign.  If that is not possible then the clerk is to order a sign from a sign company.

(2)            Mr.  Ankney will check with the County engineer’s and let the clerk know of the results.

iii)      Trustee Wiseman will conduct the inspection in September

b)   Up-date on existing road projects by Twp staff

i)    Berming Kiser Rd

(1)            staff informed the Trustees that the north side of the road needs bermed, however, they await the acquisition of the berm re-claimer.

ii)   Catch basins on Krouse and Ball Roads

(1)            staff informed the Trustees that this project is complete

iii)   Patch Winn Rd. – no work has been done on this project in August.

c)   New road projects..

i)      Crew will replace tile on Hammersmith Rd – near the Dave Glick property

ii)      Crew to work on drainage issue at Indian Bridge lane.

(1)            Mr.  Wiseman is to check first with the County engineer

(2)            Trustees believe the County Engineer is responsible for this problem as they were in charge of the repairs under a CDBG funded project in 04.

ORDER OF BUSINESS NO. 7  - Personnel   

k)   Mary Ankney – OPERS – service credit issue

i)    The Clerk informed the Trustees that the second segment of missed time was reviewed by OPERS and a bill for this time was part of this month’s bill packet.  This completes the Twp requirement relative to paying for both the employees and employers part of the years in question.

ii)        Ankeny is seeking service credit for 90 – 95

(1)  As noted in the July session the Twp provided data to OPERS in July

(2)  OPERS has sent credit time confirmation and the bill is part of this months expenses – approximately $7,000+the trustees reviewed the attached exhibits.   see exhibit 7a-- Opers bill dated 8-1-05

iii)     Trustee Layne asked to discuss this issue and wanted to be on record as objecting to this payment.

iv)     Mr.  Wiseman noted the recent history and that it was the Twp responsibility to pay for this as the Twp in the past should have had this employee listed as an OPERS participant. “Past Boards of Trustees tried to avoid this cost and deny this employee her rights.  We are making up for that improper action.”

v)     Mr.  Layne noted that this payment is over $7,000 and that the employee was partly responsible for letting this situation build.

vi)     Mrs.  Ankney said she spoke of this with past Trustees and they “shrugged it off”. 

vii)     After this discussion the Trustee signed the bill.

viii)    This item is complete and will be removed from the agenda

l)     unemployment compensation – employee reimbursement to Twp

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

ii)   The Clerk has submitted to the prosecutor’s office a draft policy  - provide to Trustees as exhibit  7-b & filed in the meeting file

(1)  The clerk noted that in his verbal discussion with the prosecutor he  suggests that the policy may not lawful…we await response from the prosecutor’s office

m)            Deferred Compensation Program

i)   This issue was placed on the agenda in April 05 at the request of Mr. Schlegel

ii)   As of the August Township meeting

(1)         The Clerk has contacted – Ohio Employees Deferred Comp Program for information

(2)         Contacted 5-26

(3)         Rep is Danielle Fields – 877-644-6457

(4)         Twp provided program handouts in July

(5)         The clerk has contacted UAN and the system will function with the program

(6)         There is an increase in accounting and new reports will have to be kept and filed with the state

(7)         It is the clerks’ opinion that if at least 50% of our employees do not participate that the Twp Trustees deny participation in this program.

(8)         The Trustees discussed the program and took an informal poll of the employees present at this session – none were interested in participating

(9)         The Trustees decided to drop the process and this issue is to be removed from the agenda.

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

n)   Monthly (August 05) GrassRoots clippings – exhibit 8-a was provided to the Trustees & is on file in the meeting file in the clerk’s office

o)   County Engineer’s issued “utility use permit”  exhibit 8-b was provided to the Trustees & is on file in the meeting file in the clerk’s office

i)    This permit was Issued to Arthur ph company to bury cables

ORDER OF BUSINESS NO. 9 Old Business

a)    Twp policy – charges to copy info for citizens request.  Trustees were provided with Exhibit 9-a along with prosecutor’s comments email

i)        During a review of the document it was found that a mis type existed.  The late fee was typed as $250 and the fee is $100

(1)                The clerk is to correct and return the document during the Sept meeting at which time it will be approved by motion and signed.

(2)                Zoning Commission member Ruth Ann Schofield requested a copy of the corrected fee schedule.  This will be emailed to her as soon as the correction is made.

b)                Trustees then reviewed exhibit 9-b which was a Twp letter to the County Auditor to place expense of nuisance abatement on to property tax of owner.  Work by twp crew to mow weeds on property located along St Rte 15 under control of “Franklin Credit Management Corp” of NY.

i)        Issue of concern raised in July session by Rhonda Schaffer.

ii)        Prosecutor’s comments e mail and copy of ORC section were also attached and reviewed.

Chairman Layne requested a motion to place the expenses as noted in the twp letter to the co auditor dated 8-14-05 listed as exhibit 9-b of this meeting onto the property tax on property owned by “Franklin Credit Management Corp” .      

MOTION:      W Tom Wiseman                                                  

             SECOND:      Charles Bakle                                                

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

ORDER OF BUSINESS NO. 10 –  New Business:

a)                Trustees reviewed a  request for support for the County E – 911 system  

i)  County Commissioners and E-911 requested a resolution of support be passed by the Trustees.  This resolution would support the modifications to the existing E911 plan.  The modifications would be the Plan into compliance with recently passed legislation by the Ohio legislature which increases taxes to upgrade e-911 to allow tracking of calls from cell phones.

ii)  Trustees were provided with exhibit 10-a which is an email from Carol Armitage explaining the purpose of the request.

Chairman Layne requested a motion to adopt amendments to the county e-911 plan.  See Resolution 2005-09 – which is on file in the clerk’s office.

MOTION:   W. Tom Wiseman