Minutes

DEFIANCE TOWNSHIP TRUSTEES

JANUARY 11TH,  2005 RE-ORGANIZATIONAL MEETING

 

The Defiance Township Trustees met in special session at VFW Post 3360 in Defiance Township, Defiance,  Ohio,  on Tuesday January 11th,  2005 at 7:30 p.m.  Following the Pledge of Allegiance the meeting was called to order by Chairman W. Tom Wiseman.  Answering to the Roll were Trustees W. Tom Wiseman, Robert H. Layne and Charles Bakle Jr.  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:   John Diemer & Richard Ankney, Township employees.   Other(s) present were JoEllen Houck of 8 Deville Driver,  Defiance,  Ohio, Mr. Wes Moats of Moats Ford, Inc.  Defiance,  Ohio, and Mr. James Schlegel, Township Zoning Inspector. 

 

ORDER OF BUSINESS NO. 1

 

Review and approval of minutes of the previous session.

 

Chairman Wiseman requested a motion for the approval of minutes from the December 28th,  2004 session.   The minutes accepted as presented.  

 

MOTION:   Charles Bakle           

             SECOND:  Robert Layne                                              

 

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

 

The MINUTES were approved for the December 28th,  2004 meeting.

 

ORDER OF BUSUNESS NO. 2            Election of the Chair and Vice - Chair –

 

a)   Mr.  Wiseman turned the meeting over to the Clerk to conduct the election process for the Chair

 

i)     Mr.  Houck called for nominations.

ii)     Mr.  Wiseman nominated Mr. Layne and Mr. Bakle seconded the nomination.  No further nominations were made and the Clerk called for a vote to elect Mr. Layne Chair for 2005.

 

Mr.  Bakle:             yea

 

Mr. Layne              yea

 

Mr.  Wiseman            yea

 

The vote being   __3_ Yea(s)               __0__Nea(s)

 

Mr. Layne was elected Chair.  The Clerk then turned the meeting over to the newly elected Chair.

 

b)   Chairman  Layne then called for nominations Vice-Chair

i)     Mr. Wiseman nominated Mr. Bakle

ii)     Mr.  Layne seconded and there were no further nominations.

c)            Chairman Layne called for a vote to elect Mr. Bakle Vice-Chair for 2005.

 

Mr.  Bakle:             Yea

 

Mr.  Wiseman            Yea

 

Mr. Layne              Yea

 

The vote being   _3__ Yea(s)               __0__Nea(s)

 

Mr.  Bakle is elected Vice – Chair

 

 

ORDER OF BUSINESS NO. 3 --  Wages for 2005

 

a)   Elected Officials

i)      The Trustees reviewed the information on salaries for elected officials as presented in the November Ohio Twp Association’s newsletter.

ii)   Mr.  Bakle moved to pay the elected Officials of the Township the maximum as allowed by Ohio Revised Code as noted through the Ohio Twp Association’s November newsletter

(1)            Trustees are allowed  a 2.4% increase to $39.41 per day times 200 days = $656.83 per month

(2)            The Clerk’s salary will also increase by 2.4% to $11,825.04 or $985.42 per month

(3)            This salary schedule becomes effective Jan 1,  2005.

iii)  Mr. Wiseman seconded

iv)      The Chair called for a vote to pay elected officials as noted:

 

Mr.  Bakle:             Yea

 

Mr.  Wiseman            Yea

 

Mr. Layne              Yea

 

The vote being   _3__ Yea(s)               __0__Nea(s)

 

v)      The elected officials pay for 2005 is so set. 

vi)      Trustees wages will remain posted to the existing fund account lines:

(1) One Trustee to each of the following lines

(a)        General

(b)        Road & Bridge

(c)        Gas fund

 

vii)      Clerk’s allowed a 2.4% increase to $985.42 a month

(1) By law the clerk must be posted to the General fund

 

b)   Township employees pay – 

i)    Mr.  Wiseman move to go into executive session to discuss pay increases for 2005.

ii)   Mr.  Bakle seconded

 

iii)  The Chair called for a vote to enter into executive session:

 

Mr.  Bakle:             Yea

 

Mr.  Wiseman            Yea

 

Mr. Layne              Yea

 

The vote being   _3__ Yea(s)               __0__Nea(s)

 

The Trustees went into executive session.

 

The Trustees returned from executive session.

 

iv)  Mr. Wiseman moved to increase the pay rate for the following Township employee classifications  by 2.8% in 2005

(1)            Operators

(a)        Richard Ankney’s 2004 rate was $12.75 to $13.10 in 2005

(i)            Posted to Gas Tax Account

(b)        Joe Kolb’s 2004 rate was $11.50 w cdl to $11.82 in 2005

(i)            Posted to Road & Bridge Account

(c)        John Diemer’s 2004 was $11.00 but with CDL earned in Dec 04 is raised to $11.50 per Twp minutes of Jan 04 all twp employees with a cdl earn $11.50 per hr in 04

(i)            Diemer’s base salary for computing the raise for 05 is $11.50.  He will now move to  -$11.82 in 2005

(ii)            Posted to Road & Bridge

(d)        Jim Schlegel’s 2004 rate is $11.50 when working as an operator.  He will move to  - $11.82 in 2005

(i)            Posted to Gas Tax

 

v)      Cemetery sextant

(1) Mary Ankney’s 2004 rate of $9.50-- to $9.77 in 2005

(a)        posted to general fund

 

vi)      Zoning Inspector

(1)            Jim Schlegel’s 2004 salary as Zoning inspector was $425 per month and will be $437 in 2005

(a)        Posted to general fund

(b)        During this discussion the Trustees debated the issue   of employees of the Twp collecting unemployment while employed by the Twp.  Mr.  Schlegel is on seasonal layoff from another employer (private sector).  Mr. Schlegel filed and is collecting   unemployment compensation.  Per Ohio/Federal law according to Ohio Department of Jobs and Family Services (ODJFS) employment division, the Twp is responsible for a percentage of the unemployment obligation.  The Clerk confirmed this in a phone conversation with the ODJFS personnel.  This is because the Twp does not pay into an unemployment account but is billed for this responsibility only when an employee is eligible for this benefit.  Mr.  Schlegel is eligible.  The Twp was sent a notification letter which was presented to the Trustees in the December meeting.  Said letter is on file in the employees personnel file and in the December monthly meeting file. 

 

(c)        The Trustees instructed the Clerk to prepare a policy which states that any employees of the Twp who while employed by the Twp and collects unemployment benefits d u e to a lay and or termination from another employer will either pay the Twp back for its portion of the unemployment benefit or the Twp will reduce that employee’s monthly pay by the benefit amount.  This policy is to be presented to the prosecutor’s office for review and approval.

 

 

vii)  Mr. Bakle seconded the motion to approve a 2.8% increase as noted above.

 

The Chair called for a vote to approve a pay increase of 2.8% as noted above.  The Chair called the role:

 

Mr.  Bakle:             Yea

 

Mr.  Wiseman            Yea

 

Mr. Layne              Yea

 

The vote being   _3__ Yea(s)               __0__Nea(s)

 

 

The motion to adopt a 2.8% increase in pay per the above schedule was approved.

 

c)   The Trustees then discussed the pay for the Zoning Board of Appeals and Zoning Commission   members

i)    It was noted that this pay was increased from $10 per meeting.  This had been the pay for many years.  In Jan 04 the pay was increased to $15 per item at each meeting.

ii)   Mr. Bakle move to maintain the present pay rate of $15 per item at each meeting.  Said pay rate to be set for 2005.

iii)   Mr. Wiseman seconded.

iv)      Chairman Layne called the roll on the motion to maintain the pay rate at $15 per item per meeting.

 

Mr.  Bakle:             Yea

 

Mr.  Wiseman            Yea

 

Mr. Layne              Yea

 

The vote being   _3__ Yea(s)               __0__Nea(s)

 

 

The motion to adopt a pay rate for the Zoning Bd of Appeals and the Zoning Commission of $15 per item per meeting was approved.

           

ORDER OF BUSINESS NO. 4 -  Expense reimbursements for 2005

 

a)   resolution # 2005-4 provided a $36 per day limit on reimbursement for meals

i)    this resolution requires a computerized itemized expense report from the vendor

b)            resolution #2005-3 provided for a mileage reimbursement of .405¢ per mile for travel on Township business.

 

The Trustees approved both resolutions which are on file in the Clerk’s Office.

 

ORDER OF BUSINESS NO. 5  Bank Depository for township funds is presently the State Bank and Trust.

 

a)   The Clerk reviewed the current agreement which is with the State Bank & Trust of Defiance

b)   Said agreement is good through November 24th,  2007. 

c)            Trustee Bakle stated that this did not prohibit the Township from opening another account with another institution.  Further, Trustee Bakle asked if some of the Township funds should not be invested in other than a checking account with interest vehicle   as is currently the case.

d)   The Clerk stated that he is still very concerned with cash flow as he has had to transfer funds within fund level lines in order to pay bills on a regular basis.  The Clerk suggests that until the Township accounts accede $500,000 per year;  that the Trustees maintain the existing system.  The Clerk will however, look into opening an Account with Star Ohio once the spring taxes are deposited in the Township’s accounts if the Trustees so desire and if no further pressure via new or   unforeseen expenditures are incurred against the available funds.

(1)            A Star Ohio account is a savings account with 24 hour liquidity.

 

ORDER OF BUSINESS NO. 6 – Adoption of the 2005 township Appropriations & budget

a)   The Trustees then reviewed the proposed 2005 budget documents

i)      Exhibits # 6a –is the “Approved Amended Certificate of Estimated Resources” from the County Auditor which allows a total budget of $462,563.49

b)   break out by fund level

i)      General fund                $149,497.17

ii)      Special funds

(1)            Motor Vehicle License             $27,498.12

(2)            Gasoline Tax                                    $109,036.27

(3)            Road & Bridge                                    $87,133.00

(4)            Permissive Tax                                    $8,150.88

(5)            Fire levy                                    $81,248.05

 

            TOTAL                                                 $462,563.49

 

Chairman Layne requests approval of resolution #2005-5 to adopt the 2005 Township Budget by fund line.  Resolution will allow the Clerk to move funds with in a fund level as he deems necessary in order to expedite payment of the Township financial obligations.

 

Trustees approved the resolution which is on file in the Clerk’s Office.

 

ORDER OF BUSINESS NO. 7 – Zoning

 

a)   Review and approval of resolution 2005-1.

b)            Trustees agreed to reappoint those members of the Zoning Board of Appeals and Zoning Commission members & alternates whose terms expired 12-31-04.

i)      Zoning Bd of Appeals

(1)            Randy Wilde – term commencing 1-11-05 through 12-31-07

(2)            Richard Wagner - term commencing 1-11-05 through 12-31-06

(3)            Alternates

(a)      Paul Ziplel - term commencing 1-11-05 through 12-31-07

(b)      Tom Mick - term commencing 1-11-05 through 12-31-06

ii)      Zoning Commission

(1)            Neal Detter – term commencing 1-11-05 through 12-31-07

(2)            Alternates’

(a)      Jon Davis - term commencing 1-11-05 through 12-31-06

(b)      Marvin Scott - term commencing 1-11-05 through 12-31-06

c)            Resolution 2005-1 is on file in the Clerk’s Office.

 

d)   The Trustees discussed the issue of a Bond for the Zoning Inspector.  The Clerk noted that Mr. Schlegel does not have a bond and that it is the Clerk’s understanding that a bond is required as the Zoning Inspector handles Twp money via fees collected.  It was determined that the Clerk should contact the Twp’s OTARMA insurance representative Dale Hess to acquire the proper bond.

 

ORDER OF BUSINESS NO. 8 –  Sign of Bills

a)            Trustees reviewed the following debt obligations of the Township and signed the payment checks and P.O.’s.

i)      Fourth quarter taxes

(1)            School

(2)            Local

(3)            State

(4)            941 – federal Medicaid

(a)      and the 941c which addressed the Richard Ankney issue.  Mr. Ankney had retired in March 04 and was rehired by the Township in June.  The Clerk failed to set up the posting of Medicare for this employee.  This error was discovered during an internal audit by the Clerk in October.  Mr. Ankney’s payroll was property posted, however, the missed months needed to be filed with IRS.  After contacting the IRS and under their direction the 941c was completed the check being signed at this meeting resolves the issue.

(5)            Fourth quarter UAN fees

 

ORDER OF BUSINESS NO. 9 - Handouts

a)   The 2005 Township Directory was distributed to those in attendance.  Mr. Schlegel noted that he was also an operator and suggested that he be listed in that section as well as the zoning section.  That change will be made and a revised Directory will be distributed at the regular Trustee session January 25th.

 

 

ORDER OF BUSINESS NO. 10 – Equipment

           

a)   Mr. Wes Moats of Moats Ford was present and reported that the Township’s one ton cab and chassis vehicle ordered in Oct 04 has arrived and was taken to Kalida Truck where the snow plow and dump bed are being installed.  Mr.  Moats provided the Trustees with an invoice for the cab and chassis and a copy of the order form.  Chairman Layne signed the documents and Trustees Bakle and Wiseman initialed each document. 

 

b)   The Clerk is to take this information to the County Auditor and proceed with the financing of the unit.  The Clerk will have Farmers and Merchants Bank of Defiance financial the entire amount and set up a repayment schedule for 3 years.  The first payment will be due Jan 2006.  The Clerk will report back to the Trustees when all is set.  The purchase price of the entire project is $56,443, without interest.  F & M will finance the purchase @ 3.85% with three annual payments of

 

i)      $20,987.39 Jan 06

ii)      $20,263.03 Jan 07 &

iii)      $19,538.69 Jan 08

 

ORDER OF BUSINESS NO. 11 – Review of Resolution 2005-2

a)            Resolution allows the Clerk to hire as needed Mrs. Sue Beecher the UAN traveling Clerk to assist the Defiance Twp Clerk when in the performance of his duties he requires special expertise to complete the accounting tasks and Clerk’s responsibilities efficiently and cost effectively.   

 

ORDER OF BUSINESS NO. 12 – Report on Township Recorders organizing effort.

 

a)            Trustee Wiseman reported that the Twp recorders which were transported to BGSU where grad students were paid by the Twp to organize the recorder by year and subject matter have completed the task.  He will be returning the recorders to Defiance over the next several weeks one car load at a time.  Mr.  Schlegel – Twp Zoning Inspector- said he is in need of these recorders in order to respond to a citizen request for information on the zoning of a certain property.  A discussion resulted as to where the records should be kept and it was decided that for the present the records will again be stored at  Anthony Wayne Elementary School. 

 

 

ORDER OF BUSINESS NO. 13- NEXT MEETING:

 

Date:               Tuesday January 25,  2005  -

            Time:               7:30 p.m.

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

 

MEETING ADJOURNED

 

Chairman  Layne requested a motion to adjourn this meeting of January 11th,  2005 

 

            Motion:             Charles Bakle

           

            Second:           W. Tom Wiseman

                                    .

 

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

 

MEETING ADJOURNED

 

Respectfully Submitted

 

 

Timothy J. Houck,  Clerk